(a) Any medical records submitted to, or compiled by, any person or entity providing deferred compensation plan services pursuant to this part are confidential and shall not be disclosed except as follows:
(1) To the extent that the employee or the employee's legal representative consents to disclosure;
(2) To the extent of performing duties hereunder, to employees of persons or entities providing the plan services;
(3) In compliance with a subpoena or a court order;
(4) To other governmental agencies; provided, that such agencies maintain the same level of confidentiality as that required hereunder;
(5) To the comptroller of the treasury or the comptroller's designees for the purpose of audit; or
(6) In any administrative proceeding or court action between the employee or the employee's legal representative and a person or entity providing plan services hereunder.
(b) Nothing contained herein applies to statistical medical information if such information is not identified with a particular employee. Further, nothing contained herein applies to records concerning the identity of employees receiving or applying for benefits, to the amount of benefits to which a particular employee is or may be entitled to receive, nor to any other nonmedical related information unless such information is made confidential by other statute of this state.
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