Policies and Procedures – Confidentiality

Conf -1 All information provided by a claimant or a claimant’s family is confidential until the claim is submitted to the Compensation Panel. Once the claim is submitted to the Compensation Panel, the claim is a Public Record.

Rules Conf.2 through Conf. 8 shall apply prior to the submission of claimant information to the Compensation Panel:

Conf -2 All claimant information acquired by the BCA shall remain the property of the claimant and the BCA, and shall only be used to the purposes of developing a claim for the consideration by the Compensation Panel.

Conf -3 At the time of application the claims consultant will explain the BCA policy on confidentiality to the claimant, and request the claimant to sign the BCA 9 form.

Conf -4 Upon receipt of informed written consent (see BCA 26) by the claimant the BCA may release information regarding or found within a claim to another agency or individual. Informed consent must be in the claimant’s first language, dated and signed by the claimant, and be specific as to the identity of the person or entity to whom information may be released, and the nature of the information to be released.

Conf -5 The BCA must release information with or without consent of the claimant, if required by State or Federal law, and in response to an order issued by a judge, magistrate, or other authorized judicial officer.

Conf -6 The BCA may release claimant information without informed written consent of the claimant in order to protect the claimant or others when the claimant poses a risk of harm to the claimant or others, except for HIV test results which may not be released without informed written consent of the claimant.

Conf -7 An employee shall not testify in court or in an administrative hearing; nor release records without the consent of the claimant unless ordered to do so by a judge, magistrate, or authorized judicial officer.

Conf -8 When the claimant decides the claim is ready for submission to the Compensation Panel, the claims consultant will remind the claimant that all of the information within the claim becomes available to the public upon request once the claim is submitted to the Compensation Panel. To reflect the understanding that the information within the claim will become public, the claimant will sign the BCA 27 form.

Rules Conf. 9 through Conf.12 shall apply subsequent to the submission of claimant information to the Compensation Panel: Submission to the Compensation Panel is defined as that point when the Compensation Panel initiates deliberation on any particular claim the claimant signs the BCA 27 form.

Rules Conf. 9 through Conf. 12 shall apply subsequent to the submission of claimant information to the Compensation Panel.

Submission to the Compensation Panel officially commences when the claimant signs the BCA Form 27.

Conf -9 The Baxter Compensation Authority will adhere to all State and Federal laws and regulations as they relate to the Freedom of Information Act.

Conf -10 Requests for information will be responded to by the BCA within 5 business days of receipt of the written request.

Conf -11 Copies of claimant information will be provided at a cost of $1.00 per page.

Conf -12 If the request is to review claimant information on the BCA site, the BCA will provide the necessary space and materials to accommodate the request. This request must be made two weeks prior to the review date. The BCA will make this accommodation providing the response to the request does not cause extraordinary disruption to BCA operations.