90- 351 C.M.R. ch. 16, § 4

Current through 2024-51, December 18, 2024

Section 351-16-4 - Legitimate Research Purposes

1. Records of the former Workers' Compensation Commission and the Workers' Compensation Board which do not require the identification of individual injured employees are available for legitimate research purposes. For purposes of these rules, legitimate research purposes are defined as a study undertaken for academic purposes or by a bona fide organization or representative of an organization to discover facts, establish principles, review processes or evaluate outcomes regarding the administration and operations of activities relating to the workers' compensation system.

2.Public Access for Legitimate Research Purposes

A. Request to access the Workers' Compensation Board database for legitimate research purposes will be made in writing to the General Counsel who will review the request with appropriate staff to determine if:

(1) The request complies with applicable statutes and Workers' Compensation Board regulations;

(2) The request is technically feasible;

(3) The Workers' Compensation Board resources needed to comply with such a request are available without jeopardizing ongoing operations.

B. If the request seeks access to individual injured employee files, the need-to-know standard must also be met.

C. For requests needing technical assistance and support from Board staff, the General Counsel may prioritize or deny staff support and assistance for legitimate research proposals based on limited agency resources, higher Workers' Compensation Board data priorities, duplicative efforts, or other reasonable and stated reasons. This standard does not apply to requests based on a need-to-know basis, which will be complied with in all instances where the need-to-know standard is met.

D. Individuals who are denied access may appeal the General Counsel's decision to the Workers' Compensation Board who must respond within 30 days.

E. The Executive Director may enter into agreements with the Bureau of Insurance, Maine Department of Labor, and other appropriate state governmental agencies which allow access to the Workers' Compensation Board database for research purposes as long as the Board's requirements for confidentiality of individual files are maintained. Failure to maintain the standard may result in the revocation of access.

90- 351 C.M.R. ch. 16, § 4