Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter is before the Attorney General on appeal from the actions of the Baptist Regional Medical Center relative to the open records request of Steve Fitzgerald, dated February 20, 2001, for copies of:
Certain medical records relating to the kinds of medication I was tak[ing] during my treatment in 1996 and I believe through early 1997.
Mr. Gambrel indicated in his request he did not know whether he should proceed under the Open Records Act or KRS Chapter 422, which allows an applicant to obtain one free copy of his medical records.
After receipt of Notification to Agency of Receipt of Open Records Appeal, Jessica L. Swim, Corporate Counsel, Baptist Healthcare System, provided this office with a response to the issues raised in the appeal. In her response, Ms. Swim advised:
I have been informed that Donnie Gambrel is seeking medical records from Baptist Healthcare System, Inc. d/b/a Baptist Regional Medical Center ("BRMC") pursuant to an open records request. Please be advised that BRMC is not subject to the Kentucky Open Records Act as that Act only applies to certain records held by public agencies. BRMC is not a public agency as defined in the Act. Rather, it is a private, nonprofit corporation that operates an acute care hospital in Corbin, Kentucky. However, this does not mean that Mr. Gambrel is not entitled to his records if any exist.
KRS 422.317, enclosed herein for your easy reference, states that upon a patient's written request a hospital shall provide, without charge to the patient, a copy of the patient's medical record. Also enclosed please find a form that Mr. Gambrel may utilize to acquire his records. He should fill out the form and send it via facsimile or U.S. mail as indicated on the form.
The issue presented in this appeal is whether the BRMC is a "public agency" for purposes of the Open Records Act. For the reasons that follow, we conclude that the hospital is not a public agency within the meaning of KRS 61.870(1), and is not subject to the Act.
As Ms. Swim explained in her response to the letter of appeal, the BRMC is a private non-profit corporation and not a "public agency" within the meaning of KRS 61.870(1) and cannot be required to release its records, if they existed, or to adhere to KRS 61.880(1), in response to a request for its records under the Open Records Act. 93-ORD-127. Accordingly, BRMC cannot be said to have violated the Act.
As noted in Ms. Swim's response, Mr. Gambrel is entitled to a free copy of his medical record, under KRS 422.317. To obtain the records he seeks, he should submit a written request to BRMC in accordance with the procedures outlined by Ms. Swim in her response.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Donnie Gambrel, # 13159Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Jessica L. SwimCorporate CounselBaptist Healthcare System4007 Kresge WayLouisville, KY 40207