(1)(a) A record created in administering this rule is classified as "protected" under Section 63G-2-305.
- (b) After a decision is issued under Section R590-149-6 or a final decision on appeal under Section R590-149-7, any portion of the record pertaining to the qualified individual's medical condition shall remain classified as "private" under Section 63G-2-302 or "controlled" under Section 63G-2-304, consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. 12112(d)(3)(B) and (C).
- (2) Notwithstanding Subsection (1), the written decision of the director or commissioner is classified as "public" under Section 63G-2-301.
KEY: insurance, ADA
Date of Last Change: January 10, 2022
Notice of Continuation: June 3, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2)