The group may access certain state-agency records, state agencies must help provide information, and several kinds of information and papers are confidential or exempt from public disclosure. The commissioner of insurance must also adopt rules for data reporting requirements, but the section cannot be read to require extra reporting from nonsubscribing employers.
Sec. 405.004. COORDINATION WITH OTHER STATE AGENCIES; CONFIDENTIALITY. (a) As required to fulfill the group's objectives under this chapter, the group is entitled to access to the files and records of: (1) the division; (2) the Texas Workforce Commission; (3) the Department of Assistive and Rehabilitative Services; (4) the office of injured employee counsel; (5) the State Office of Risk Management; and (6) other appropriate state agencies. (b) A state agency shall assist and cooperate in providing information to the group. (c) Information that is confidential under state law is accessible to the department under rules of confidentiality and remains confidential. (d) Except as provided by this subsection, the identity of an individual or entity selected to participate in a survey conducted by the group or who participates in such a survey is confidential and is not subject to public disclosure under Chapter 552, Government Code. This subsection does not prohibit the identification of a workers' compensation health care network in a report card issued under Section 1305.502, Insurance Code, provided that the report card may not identify any injured employee or other individual. (e) A working paper, including all documentary or other information, prepared or maintained by the group in performing the group's duties under this chapter or other law to conduct an evaluation and prepare a report is excepted from the public disclosure requirements of Section 552.021, Government Code. (f) A record held by another entity that is considered to be confidential by law and that the group receives in connection with the performance of the group's functions under this chapter or another law remains confidential and is excepted from the public disclosure requirements of Section 552.021, Government Code. (g) The commissioner of insurance shall adopt rules as necessary to establish data reporting requirements to support the research duties under this chapter. This section may not be construed as requiring additional reporting requirements on nonsubscribing employers. Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 1.01, eff. Oct. 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.022, eff. September 1, 2005.