BILL NUMBER: SB 1213 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cedillo
FEBRUARY 18, 2010
An act to amend Section 138.7 of the Labor Code, relating to
workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1213, as introduced, Cedillo. Electronic access to claims
information.
Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment.
Existing law provides that a person or public or private entity
who is not a party to a claim for workers' compensation benefits may
not obtain individually identifiable information, as defined, that is
obtained or maintained by the Division of Workers' Compensation of
the Department of Industrial Relations on that claim, except as
specified.
This bill would require the division to provide a party to a claim
with single sign-on portal real-time electronic programmatic access,
at no charge, to the party's data and any public records contained
within the Electronic Adjudication Management System (EAMS).
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) There is ongoing interest in technological advancement due to
its influence on the nation's economic growth, productivity, and
international competitiveness. Because technology can increase
productivity, the state encourages the incorporation of technological
advances where possible.
(b) There is a desire for transparency in government. California
should ensure the public trust by establishing a means to provide for
transparency, public participation, and collaboration within state
government. This openness strengthens our democracy, and promotes
government efficiency and effectiveness.
(c) California must vigilantly monitor the relationship between
technology and civil liberties to use technology responsibly and
maintain privacy.
SEC. 2. Section 138.7 of the Labor Code is amended to read:
138.7. (a) Except as expressly permitted in subdivision (b), a
person or public or private entity not a party to a claim for workers'
compensation benefits may shall not
obtain individually identifiable information obtained or maintained
by the division on that claim. For purposes of this section,
"individually identifiable information" means any data concerning an
injury or claim that is linked to a uniquely identifiable employee,
employer, claims administrator, or any other person or entity.
(b) (1) The administrative director, or a statistical agent
designated by the administrative director, may use individually
identifiable information for purposes of creating and maintaining the
workers' compensation information system as specified in Section
138.6.
(2) The State Department of Public Health
Services may use individually identifiable information for
purposes of establishing and maintaining a program on occupational
health and occupational disease prevention as specified in Section
105175 of the Health and Safety Code.
(3) (A) Individually identifiable information may be used by the
Division of Workers' Compensation, the Division of Occupational
Safety and Health, and the Division of Labor Statistics and Research
as necessary to carry out their duties. The administrative director
shall adopt regulations governing the access to the information
described in this subdivision by these divisions. Any regulations
adopted pursuant to this subdivision shall set forth the specific
uses for which this information may be obtained.
(B) Individually identifiable information maintained in the
workers' compensation information system and the Division of Workers'
Compensation may be used by researchers employed by or under
contract to the Commission on Health and Safety and Workers'
Compensation as necessary to carry out the commission's research. The
administrative director shall adopt regulations governing the access
to the information described in this subdivision by commission
researchers. These regulations shall set forth the specific uses for
which this information may be obtained and include provisions
guaranteeing the confidentiality of individually identifiable
information. Individually identifiable information obtained under
this subdivision shall not be disclosed to commission members.
No individually Individually
identifiable information obtained by researchers under contract to
the commission pursuant to this subparagraph may
shall not be disclosed to any other person or entity,
public or private, for a use other than that research project for
which the information was obtained. Within a reasonable period of
time after the research for which the information was obtained has
been completed, the data collected shall be modified in a manner so
that the subjects cannot be identified, directly or through
identifiers linked to the subjects.
(4) The administrative director shall adopt regulations allowing
reasonable access to individually identifiable information by other
persons or public or private entities for the purpose of bona fide
statistical research. This research shall not divulge individually
identifiable information concerning a particular employee, employer,
claims administrator, or any other person or entity. The regulations
adopted pursuant to this paragraph shall include provisions
guaranteeing the confidentiality of individually identifiable
information. Within a reasonable period of time after the research
for which the information was obtained has been completed, the data
collected shall be modified in a manner so that the subjects cannot
be identified, directly or through identifiers linked to the
subjects.
(5) This section shall not operate to exempt from disclosure any
information that is considered to be a public record pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code) contained in
an individual's file once an application for adjudication has been
filed pursuant to Section 5501.5.
However, individually identifiable information shall not be
provided to any person or public or private entity who is not a party
to the claim unless that person identifies himself or herself or
that public or private entity identifies itself and states the reason
for making the request. The administrative director may require the
person or public or private entity making the request to produce
information to verify that the name and address of the requester is
valid and correct. If the purpose of the request is related to
preemployment screening, the administrative director shall notify the
person about whom the information is requested that the information
was provided and shall include the following in 12-point type:
"IT MAY BE A VIOLATION OF FEDERAL AND STATE LAW TO DISCRIMINATE
AGAINST A JOB APPLICANT BECAUSE THE APPLICANT HAS FILED A CLAIM FOR
WORKERS' COMPENSATION BENEFITS."
Any residence address is confidential and shall not be disclosed
to any person or public or private entity except to a party to the
claim, a law enforcement agency, an office of a district attorney,
any person for a journalistic purpose, or other governmental agency.
Nothing in this This paragraph shall
not be construed to prohibit the use of
individually identifiable information for purposes of identifying
bona fide lien claimants.
(c) Except as provided in subdivision (b), individually
identifiable information obtained by the division is privileged and
is shall not be subject to
subpoena in a civil proceeding unless, after reasonable notice to the
division and a hearing, a court determines that the public interest
and the intent of this section will not be jeopardized by disclosure
of the information. This section shall not operate to restrict access
to information by any law enforcement agency or district attorney's
office or to limit admissibility of that information in a criminal
proceeding.
(d) It shall be unlawful for any person who has received
individually identifiable information from the division pursuant to
this section to provide that information to any person who is not
entitled to it under this section.
(e) Notwithstanding any other provision of this chapter, the
division shall provide a party to a claim for workers' compensation
benefits with single sign-on portal real-time electronic programmatic
access, at no charge, to the party's data and any public records
contained within the Electronic Adjudication Management System
(EAMS).