N.Y. Workers' Compensation Law § 136: Workers' compensation fraud inspector general

§ 136. Workers' compensation fraud inspector general. 1. Definitions.

For the purposes of this section, the following definitions shall apply:

(a) "Inspector general" means the workers' compensation fraud

inspector general created by this section.

(b) "Assistant inspector general" means a workers' compensation fraud

assistant inspector general created by this section.

2. Appointment, compensation and removal. Notwithstanding any other

provision of law, the governor shall appoint the inspector general. The

board shall employ and the governor shall fix the compensation of the

inspector general. The inspector general shall, and may do so without

civil service examination, appoint and the board shall employ, such

assistant inspectors general and other persons as he or she deems

necessary, determine their duties and fix their compensation. Such

assistant inspectors general shall assist the inspector general in

carrying out the inspector general's duties and responsibilities as set

forth in this section and shall have such powers as granted the

inspector general under this section. Employees appointed pursuant to

this section without civil service examination shall be placed in the

noncompetitive class of the competitive service pursuant to subdivision

two-a of section forty-two of the civil service law and shall serve at

the pleasure of the governor. The payment of salaries and compensation

of employees appointed pursuant to this section shall be made pursuant

to section one hundred forty-eight of this chapter.

3. Powers, duties and responsibilities. The inspector general shall

investigate violations of the laws and regulations pertaining to the

operation of the workers' compensation system. The inspector general

shall have the following powers, duties and functions:

(a) to conduct and supervise investigations, within or without this

state, of possible fraud and other violations of laws, rules and

regulations pertaining to the workers' compensation system;

(b) to subpoena witnesses, administer oaths or affirmations, take

testimony and compel the production of such books, papers, records and

documents as the inspector general may deem to be relevant to an

investigation undertaken pursuant to this section;

(c) to report to the attorney general, the insurance frauds bureau, or

other appropriate law enforcement agency, violations found through

investigations undertaken pursuant to this section and to provide such

materials and assistance as may be necessary or appropriate for the

successful investigation and prosecution of violations of this chapter;

(d) to submit a written report, on an annual basis, to the governor

and to the chair of the board, listing all activities undertaken to the

extent such activities can be disclosed pursuant to subdivision five of

this section; and

(e) to recommend legislative and regulatory changes to the governor

and to the chair of the board.

4. Cooperation of agency officials and employees. (a) In addition to

the authority otherwise provided by this section, the inspector general,

in carrying out the provisions of this section, is authorized:

(i) to have full and unrestricted access to all records, reports,

audits, reviews, documents, papers, recommendations or other material

maintained by the board or any other state agency relating to the

workers' compensation system, with respect to which the inspector

general has responsibilities under this section; and

(ii) to request such information, assistance and cooperation from any

federal, state or local government, department, board, bureau,

commission, or other agency or unit thereof as may be necessary for

carrying out the duties and responsibilities enjoined upon the inspector

general by this section. State and local agencies or units thereof are

hereby authorized and directed to provide such information, assistance

and cooperation.

(b) No person shall prevent, seek to prevent, interfere with, obstruct

or otherwise hinder any investigation being conducted pursuant to this

section.

5. Disclosure of information. The inspector general shall not publicly

disclose information which is:

(a) a part of an ongoing investigation or prosecution; or

(b) specifically prohibited from disclosure by any other provision of

law.

The disclosure of information in order to coordinate investigations

with the insurance frauds bureau of the department of financial

services, including the unit for workers' compensation insurance frauds

investigations within such insurance frauds bureau, and any frauds

investigations unit of the state insurance fund, to provide the report

required by paragraph (c) of subdivision three of this section or to

apprise the chair of ongoing investigations shall not be considered

public disclosure for purposes of this section.