§ 65-05-32 — Privacy of records and hearings - Penalty

Information contained in the claim files and records of injured employees is confidential and
is not open to public inspection, other than to organization employees or agents in the
performance of their official duties. Providing further that:
1. Representatives of a claimant, whether an individual or an organization, may review a
claim file or receive specific information from the file upon the presentation of the
signed authorization of the claimant. However, reserve information may not be made
available to the claimant or the claimant's representatives. Availability of this
information to employers is subject to the sole discretion of the organization.
2. Employers or their duly authorized representatives who are required to have access to
an injured employee's claim file for the performance of their duties may review and
have access to any files of their own injured employees. An employer or an employer's
duly authorized representative who willfully communicates information contained in an
employee's claim file to any person who does not need the information in the
performance of that person's duties is guilty of a class B misdemeanor.
3. Allied health care professionals treating or examining employees claiming benefits
under this title, or allied health care professionals giving medical advice to the
organization regarding any claim may, at the discretion of the organization, inspect the
claim files and records of injured employees.
4. If an injured employee is deceased or is unable to communicate with the organization,
the organization may provide the claim file to and communicate with relevant
interested parties to properly adjudicate benefits.
5. Other persons may have access to and make inspections of the files, if such persons
are rendering assistance to the organization at any stage of the proceedings on any
matter pertaining to the administration of this title.
6. The claimant's name; date of birth; injury date; employer name; type of injury; whether
the claim is accepted, denied, or pending; and whether the claim is in active or inactive
pay status will be available to the public. This information may not be released in
aggregate form, except to those persons contracting with the organization for
exchange of information pertaining to the administration of this title or except upon
written authorization by the claimant for a specified purpose.
7. At the request of a claimant, the organization may close the medical portion of a
hearing to the public.
8. The organization may release the social security number of an individual claiming
entitlement to benefits under this title to health care providers or health care facilities
for the purpose of adjudicating a claim for benefits.
9. The organization may provide an injured employee's insurer information regarding the
injured employee's claim.
10. The organization may provide any state or federal agency, or any law enforcement
agency, any information obtained pursuant to the administration of this title. Any
information so provided must be used for the purpose of administering the duties of
that state or federal agency or law enforcement agency.