Risk Metrics Corporation. v. Indiana Compensation Rating Bureau and Indiana Worker's Compensation Board
85 N.E.3d 891
| Ind. Ct. App. | 2017Background
- Indiana Worker’s Compensation Board (Board) moved from paper employer "proof of compliance" (POC) filings to electronic policy data reported by NCCI beginning 1998; NCCI collected statistical policy data for the Rating Bureau and previously transmitted it to the Board.
- Rating Bureau (a private entity created by statute) by law collects insurer policy and claims data and, since 2013 (I.C. § 27-7-2-40), the Legislature declared data the Bureau collects from its members confidential and not disclosable to third parties without the Bureau’s consent.
- LexisNexis requested the policy/POC data from the Board under Indiana’s Access to Public Records Act (APRA); Board denied based on § 27-7-2-40 and provided a public web portal with limited employer/provider/policy/effective date access.
- LexisNexis previously settled an APRA dispute with the Board in 2013 when Board agreed to make policy data available unless a change in law made it confidential; the Legislature enacted § 27-7-2-40 effective July 1, 2013.
- Rating Bureau sued for declaratory judgment to prevent disclosure; trial court granted summary judgment for Rating Bureau and Board. LexisNexis appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether policy/POC data held by Rating Bureau and accessible to Board are public records under APRA | LexisNexis: Board is statutorily obligated to receive/collect employer proof-of-coverage; data are public records and APRA applies | Rating Bureau/Board: § 27-7-2-40 makes data collected by Rating Bureau confidential; data held by Bureau are not subject to APRA | Held: Data collected by Rating Bureau are confidential by statute and not subject to APRA; judgment for Rating Bureau and Board affirmed |
| Whether I.C. § 22-3-5-2 requires the Board to collect the broad statistical data NCCI assembled | LexisNexis: "shall file with the Board" imposes a duty on Board to receive employer filings, so the assembled data are public | Board: § 22-3-5-2 places a narrow filing obligation on employers (when coverage terminates); it does not mandate Board collect the comprehensive NCCI dataset | Held: § 22-3-5-2 does not mandate collection of the extensive statistical data sought; Board’s web-portal access fulfills statutory needs |
| Whether prior Board practice and earlier NCCI transmissions waive confidentiality | LexisNexis: prior releases and contracts show Board possessed the data and made it public | Rating Bureau/Board: past arrangements changed; Rating Bureau now is the legal holder and objector; statute controls confidentiality | Held: Prior practice does not overcome statutory confidentiality; Rating Bureau lawfully withholds data |
| Whether Board’s reliance on Rating Bureau contract improperly circumvents APRA | LexisNexis: outsourcing to a private entity cannot defeat APRA’s public-access mandate | Rating Bureau/Board: Legislature expressly authorized confidentiality of Bureau-collected data; Board’s contractual use of Bureau data is lawful | Held: Legislative text controls; confidentiality upheld and contract-based access (web portal) is permissible |
Key Cases Cited
- Williams v. Tharp, 914 N.E.2d 756 (Ind. 2009) (summary judgment standard and burdens on movant/nonmovant)
- McSwane v. Bloomington Hosp. & Healthcare Sys., 916 N.E.2d 906 (Ind. 2009) (appellate review of summary judgment and preserving day in court)
- Hughley v. State, 15 N.E.3d 1000 (Ind. 2014) (statutory interpretation principles applied in APRA context)
- Anderson v. Gaudin, 42 N.E.3d 82 (Ind. 2015) (statutory construction rules: plain meaning, legislative intent, harmonizing sections)
- Knightstown Banner, LLC v. Town of Knightstown, 838 N.E.2d 1127 (Ind. Ct. App. 2005) (public agency contracts for record storage cannot unreasonably impair public inspection under APRA)