(a) The Division prescribes standard electronic formats by utilizing implementation guides for data requests and data reports for the purpose of exchanging data between the Division and insurance carriers, as defined in Labor Code § 402.084.
(b) The following words and terms, when used in this section, shall have the following meanings:
(1) Claim Data Request and Report Implementation Guide (Guide)--The Division specification document for the Claim Data Request and the Claim Data Report that defines specific data requirements, data set transactions, data mapping, data edits and fees per record available at www.tdi.state.tx.us/wc.
(2) Claim Data Report--The electronic report generated by the Division in the format specified by the Guide. The report contains data for claims meeting confidence match criteria defined in the Guide.
(3) Claim Data Request--The electronic request submitted by a requester in the format specified by the Division in the Guide.
(4) Record--An electronic representation of one insured person containing a set of unique identifiers including the full name, date of birth, gender, and social security number, if available. Each set of individual identifiers included in a Claim Data Request represents a separate record.
(5) Requester--An insurance carrier that has adopted an antifraud plan under Labor Code § 402.084(b)(8) and qualifies as an insurance carrier under Labor Code § 402.084(c-1) or its authorized representative.
(c) A Claim Data Request must contain the following elements:
(1) all fields required in the applicable Guide as defined in subsection (b) of this section;
(2) complete, current and correct values as described in the applicable Guide; and
(3) records of persons who are or were valid members of the requesters' benefit programs and whose claims may be related to a workers' compensation claim.
(d) A Claim Data Report must contain:
(1) all fields required in the applicable Guide; and
(2) complete, current and correct values as described in the applicable Guide.
(e) A Claim Data Request may be submitted by a requester.
(f) The Division will match the records submitted by a requester against the Division's claim data using a matching methodology published in the Guide. The search will include all claims on record with the Division relating to injuries sustained on or after September 1, 2002. For each record submitted, the Division will report:
(1) the existence of a positive match with one or more workers' compensation claims; or
(2) the failure to match the record to any recorded workers' compensation claim.
(g) File transfers between requesters and the Division shall be sent using secured file transfer protocol (SFTP) with access controlled by a unique username and password.
(h) The data shall not be shared or disclosed to any other person or entity, except as necessary to document and pursue reimbursement with the appropriate workers' compensation carrier or claims administrator or through Division dispute resolution procedures. Requesters shall destroy all electronic or paper records related to Claim Data Requests that are not needed to pursue subclaimant status or recovery of reimbursement by an insurance carrier as defined by Labor Code § 402.084(c-1).
(i) A requester may submit a Claim Data Request once every 30 days for each covered individual.
(j) Unless waived by the Division, the requester shall pay to the Division a fee for each record included in a request. The fee will be established in the Guide, but shall be no more than $.05 for each record included in the Claim Data Request. Claim Data Requests that include previously submitted requests for records would also be charged a fee of up to $.05 for each record.
(k) Prior to submitting a Claim Data Request, the requester shall execute a trading partner agreement with the Division in the form and manner prescribed by the Division. The trading partner agreement shall contain:
(1) a statement that the requester agrees to abide by all applicable federal and state laws and regulations;
(2) an agreement to submit only names and identifying information related to bona fide beneficiaries of the requester's benefit plans;
(3) an agreement to comply with Division standards for secure transfer and storage of workers' compensation claim information;
(4) an agreement to comply with Division standards regarding the confidentiality of workers' compensation claim information and the approved uses of that information; and
(5) an agreement to pay applicable fees.
(l) After a match of a record has been determined, the information may be used by the requester as the basis for identification and filing of a subclaim under Labor Code § 409.009. When a match has been determined and a subclaim filed, the requester shall contact the injured employee who received the health care and is the subject of the subclaim. The requester shall provide the injured employee written notice, which includes the following:
(1) the name of the subclaimant;
(2) the dates of service;
(3) the name of the injured employee;
(4) a statement declaring, “As the injured employee in this matter, you will receive notice of all proceedings related to this matter and may participate in those proceedings. To determine whether to take any action in this matter, you may wish to consult with an attorney. You can also contact the Office of Injured Employee Counsel (OIEC) for ombudsman assistance.”; and
(5) the phone number and website address of OIEC.
The provisions of this § 102.11 adopted to be effective December 31, 2006, 31 TexReg 10310.