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2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)

Title XIX PUBLIC BUSINESS
Chapter 284 STATE RISK MANAGEMENT AND SAFETY PROGRAMS Entire Chapter
SECTION 40
Division of Risk Management; disclosure of certain workers’ compensation-related information by the Department of Financial Services.
F.S. 284.40
284.40 Division of Risk Management; disclosure of certain workers’ compensation-related information by the Department of Financial Services.—
(1) It shall be the responsibility of the Division of Risk Management of the Department of Financial Services to administer this part and the provisions of s. 287.131.
(2) The claim files maintained by the Division of Risk Management shall be confidential, shall be only for the usage by the Department of Financial Services in fulfilling its duties and responsibilities under this part, and shall be exempt from the provisions of s. 119.07(1).
(3) Upon certification by the division director or his or her designee to the custodian of any records maintained by the Department of Children and Families, Department of Health, Agency for Health Care Administration, or Department of Elderly Affairs that such records are necessary to investigate a claim against the Department of Children and Families, Department of Health, Agency for Health Care Administration, or Department of Elderly Affairs being handled by the Division of Risk Management, the records shall be released to the division subject to the provisions of subsection (2), any conflicting provisions as to the confidentiality of such records notwithstanding.
(4) Notwithstanding s. 440.1851, the Department of Financial Services may disclose the personal identifying information of an injured or deceased employee to a department-contracted vendor for the purpose of ascertaining a claimant’s claims history to investigate the compensability of a claim or to identify and prevent fraud.
History.—s. 1, ch. 72-206; s. 6, ch. 74-235; s. 2, ch. 77-107; s. 1, ch. 78-408; s. 1, ch. 89-15; s. 102, ch. 90-360; s. 204, ch. 95-148; s. 132, ch. 96-406; s. 49, ch. 99-8; s. 325, ch. 2003-261; s. 51, ch. 2014-19; s. 5, ch. 2018-102.