Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Application for
penalty.
Any party or the division may request a penalty assessment
against a collector or possessor for failure to release medical data in
accordance with Minnesota Statutes, section
176.138. The
application must be in writing, clearly state the factual basis upon which the
penalty is requested, and be accompanied by copies of the written requests for
medical data made by the applicant and any response received. The application
also must be accompanied by a copy of the written notification to the employee
of the request for medical data, unless the employee requested the medical
data.
Subp. 2.
Assessment of penalty.
Upon receipt of an application for a penalty assessment, the
division shall assess a penalty if it determines that the request meets the
following requirements:
A. the medical
data requested is related to a current claim for compensation, which means any
claim for compensation under Minnesota Statutes, chapter 176, for which
benefits are currently being paid or are being claimed by an employee, whether
or not a claim petition has been filed;
B. the requested medical data is specifically
identified and in existence at the time of the request;
C. the requested medical data is directly
related to a current injury or disability for which compensation is claimed or
being paid;
D. the applicant sent
written notification of the request for medical data to the employee at the
time the request was made;
E. if
required by federal law, appropriate authorizations for release of information
were furnished; and
F. the
requested medical data was not provided within seven working days after receipt
of the request by a party and receipt of appropriate authorizations, if
required by federal law.
Subp.
3.
Amount.
A. The
division must send a warning letter before a monetary penalty is assessed
unless the initial request for records is from the division. The warning letter
must advise the collector or possessor against whom the penalty is sought of
the obligation to provide medical data under Minnesota Statutes, section
176.138, and
that a penalty will be assessed if it fails to provide the requested data
within seven working days after the warning letter and to file written
verification of the release of the data or a copy of the data with the division
within that time.
B. If the
requested data is not provided and written verification filed with the division
within seven working days after receipt of a required warning letter or the
division's request where no warning letter is required, a penalty of $300 shall
be imposed.
C. If the requested
data is not provided and written verification filed with the division within 30
days after the date of a required warning letter or the division's request
where no warning letter is required, a penalty of $450 will be
imposed.
D. If the requested data
is not provided and written verification filed with the division within 60 days
after the date of a required warning letter or the division's request where no
warning letter is required, a penalty of $600 will be imposed.
Subp. 4.
Payable to.
The amount of any penalty assessed under this part is payable
to the commissioner for deposit in the assigned risk safety account.
Statutory Authority: MS s
14.388;
175.17;
175.171;
176.129;
176.138;
176.221;
176.225;
176.231;
176.238;
176.83;
176.84
