(a)Except as otherwise provided by this act, information
obtained from any employer or covered employee pursuant to
reporting requirements under this act or investigations
conducted under W.S. 27-14-803 shall not be disclosed in a
manner which reveals the identity of the employer or employee
except to the employer, the employee, legal counsel for an
employer, legal counsel for an employee or in situations
necessary for the division to enforce any of the provisions of
this act. The confidentiality limitations of this section do not
apply to transfers of information between the divisions of the
department of workforce services so long as the transfer of
information is not restricted by federal law, rule or contract.
In addition, nothing in this section shall prohibit the division
from:
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(a) Except as otherwise provided by this act, information
obtained from any employer or covered employee pursuant to
reporting requirements under this act or investigations
conducted under W.S. 27-14-803 shall not be disclosed in a
manner which reveals the identity of the employer or employee
except to the employer, the employee, legal counsel for an
employer, legal counsel for an employee or in situations
necessary for the division to enforce any of the provisions of
this act. The confidentiality limitations of this section do not
apply to transfers of information between the divisions of the
department of workforce services so long as the transfer of
information is not restricted by federal law, rule or contract.
In addition, nothing in this section shall prohibit the division
from:
(i) Disclosing information obtained from employers
and employees under this act and any determination of benefit
rights to any state or federal agency as required under
regulation of the United States department of health and human
services and the state department of health, the United States
internal revenue service in administering federal tax laws and
to the office of the United States bankruptcy trustee;
(ii) Allowing access to information obtained pursuant
to the administration of this act to a law enforcement authority
of the federal government or this state, upon a written request
from that authority stating the information is necessary in
connection with a criminal investigation;
(iii) Allowing access by the state auditor to certain
information obtained under this act limited to name, address,
social security identification number and other general
information pertaining to benefit entitlements and employers;
(iv) Reporting to the appropriate professional or
facility licensing authority any suspected substandard or
inappropriate medical or health care provided to an injured
worker by a health care provider or health care facility.
(b) Any employee who discloses information outside of the
department in violation of federal or state law may be
terminated without progressive discipline.
(c) Notwithstanding subsection (a) of this section and any
other provision of law to the contrary, and for purposes of
ensuring any medical or disability benefit payment under this
act does not duplicate any benefit payment made by another state
agency, insurer, group health plan, third party administrator,
health maintenance organization or similar entity, the
department may upon request of the state agency, insurer or
similar entity, disclose information limited to a recipient's
name, social security number, amount of benefit payment, charge
for services, date of services and services rendered relating to
the benefit payment made under this act. A state agency,
insurer, group health plan, third party administrator, health
maintenance organization or similar entity shall, upon request
of the department, disclose the same limited information to the
department. Information received under this subsection shall be
used only for the purpose authorized by this subsection and
shall otherwise be confidential and the recipient entity shall
be subject to the confidentiality restrictions imposed by law
upon information received to the extent required of the
department. Any violation of this subsection is a misdemeanor
punishable by imprisonment for not more than six (6) months, a
fine of not more than seven hundred fifty dollars ($750.00), or
both.
(d) Prior to receipt of any benefit under this act, the
department shall require an injured employee covered under this
act to sign a waiver authorizing the release of information
limited to benefit payment information to state agencies,
insurers, group health plans, third party administrators, health
maintenance organizations or similar entities for purposes
specified by subsection (c) of this section.