1. (a) As necessary to implement this subchapter, the department may access information from an executive agency that is otherwise confidential under any law of this state, including the Texas Workers' Compensation Act.

2. (b) Confidential information provided to or obtained by the department under this section remains confidential and is not subject to disclosure under Chapter 552, Government Code. The department may not release, and a person may not gain access to, any information that:

   1. (1) could reasonably be expected to reveal the identity of an injured employee; or
   2. (2) discloses provider discounts or differentials between payments and billed charges for individual providers or networks.

3. (c) Information that is in the possession of the department and that relates to an individual injured employee, and any compilation, report, or analysis produced from the information that identifies an individual injured employee, are not:

   1. (1) subject to discovery, subpoena, or other means of legal compulsion for release to any person; or
   2. (2) admissible in any civil, administrative, or criminal proceeding.

Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 4.02, eff. September 1, 2005.