§ 136 — Workers' compensation fraud inspector general

§ 136. Workers' compensation fraud inspector general. 1. Definitions.\nFor the purposes of this section, the following definitions shall apply:\n (a) "Inspector general" means the workers' compensation fraud\ninspector general created by this section.\n (b) "Assistant inspector general" means a workers' compensation fraud\nassistant inspector general created by this section.\n 2. Appointment, compensation and removal. Notwithstanding any other\nprovision of law, the governor shall appoint the inspector general. The\nboard shall employ and the governor shall fix the compensation of the\ninspector general. The inspector general shall, and may do so without\ncivil service examination, appoint and the board shall employ, such\nassistant inspectors general and other persons as he or she deems\nnecessary, determine their duties and fix their compensation. Such\nassistant inspectors general shall assist the inspector general in\ncarrying out the inspector general's duties and responsibilities as set\nforth in this section and shall have such powers as granted the\ninspector general under this section. Employees appointed pursuant to\nthis section without civil service examination shall be placed in the\nnoncompetitive class of the competitive service pursuant to subdivision\ntwo-a of section forty-two of the civil service law and shall serve at\nthe pleasure of the governor. The payment of salaries and compensation\nof employees appointed pursuant to this section shall be made pursuant\nto section one hundred forty-eight of this chapter.\n 3. Powers, duties and responsibilities. The inspector general shall\ninvestigate violations of the laws and regulations pertaining to the\noperation of the workers' compensation system. The inspector general\nshall have the following powers, duties and functions:\n (a) to conduct and supervise investigations, within or without this\nstate, of possible fraud and other violations of laws, rules and\nregulations pertaining to the workers' compensation system;\n (b) to subpoena witnesses, administer oaths or affirmations, take\ntestimony and compel the production of such books, papers, records and\ndocuments as the inspector general may deem to be relevant to an\ninvestigation undertaken pursuant to this section;\n (c) to report to the attorney general, the insurance frauds bureau, or\nother appropriate law enforcement agency, violations found through\ninvestigations undertaken pursuant to this section and to provide such\nmaterials and assistance as may be necessary or appropriate for the\nsuccessful investigation and prosecution of violations of this chapter;\n (d) to submit a written report, on an annual basis, to the governor\nand to the chair of the board, listing all activities undertaken to the\nextent such activities can be disclosed pursuant to subdivision five of\nthis section; and\n (e) to recommend legislative and regulatory changes to the governor\nand to the chair of the board.\n 4. Cooperation of agency officials and employees. (a) In addition to\nthe authority otherwise provided by this section, the inspector general,\nin carrying out the provisions of this section, is authorized:\n (i) to have full and unrestricted access to all records, reports,\naudits, reviews, documents, papers, recommendations or other material\nmaintained by the board or any other state agency relating to the\nworkers' compensation system, with respect to which the inspector\ngeneral has responsibilities under this section; and\n (ii) to request such information, assistance and cooperation from any\nfederal, state or local government, department, board, bureau,\ncommission, or other agency or unit thereof as may be necessary for\ncarrying out the duties and responsibilities enjoined upon the inspector\ngeneral by this section. State and local agencies or units thereof are\nhereby authorized and directed to provide such information, assistance\nand cooperation.\n (b) No person shall prevent, seek to prevent, interfere with, obstruct\nor otherwise hinder any investigation being conducted pursuant to this\nsection.\n 5. Disclosure of information. The inspector general shall not publicly\ndisclose information which is:\n (a) a part of an ongoing investigation or prosecution; or\n (b) specifically prohibited from disclosure by any other provision of\nlaw.\n The disclosure of information in order to coordinate investigations\nwith the insurance frauds bureau of the department of financial\nservices, including the unit for workers' compensation insurance frauds\ninvestigations within such insurance frauds bureau, and any frauds\ninvestigations unit of the state insurance fund, to provide the report\nrequired by paragraph (c) of subdivision three of this section or to\napprise the chair of ongoing investigations shall not be considered\npublic disclosure for purposes of this section.\n