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SB 20: "An Act limiting the release of employee medical and rehabilitation records held or maintained by the state for purposes of the Alaska Workers' Compensation Act."

00 SENATE BILL NO. 20 01 "An Act limiting the release of employee medical and rehabilitation records held or 02 maintained by the state for purposes of the Alaska Workers' Compensation Act." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30.107(b) is amended to read: 05 (b) Medical or rehabilitation records, and the employee's name, address, social 06 security number, electronic mail address, and telephone number contained on any 07 record, in an employee's file maintained by the division or held by the board or the 08 commission are confidential and are not public records subject to public inspection 09 and copying under AS 40.25. This subsection does not prohibit 10 (1) the reemployment benefits administrator, the division, the board, 11 the commission, or the department from releasing medical or rehabilitation records in 12 an employee's file, without the employee's consent, to 13 (A) a physician providing medical services under 14 AS 23.30.095(k) or 23.30.110(g);

01 (B) [,] a party to a claim under this chapter filed by the 02 employee; [,] or 03 (C) a governmental agency that demonstrates a substantial 04 need for the records and establishes that the release would be reasonable 05 under the particular circumstances; in this subparagraph, "governmental 06 agency" means an executive, legislative, or judicial agency, department, 07 board, commission, authority, institution, or instrumentality, of the 08 federal government or a state or a county, a municipality, or other 09 political subdivision of a state; or 10 (2) the quoting or discussing of medical or rehabilitation records 11 contained in an employee's file during a hearing on a claim for compensation or in a 12 decision or order of the board or commission.