Request By:
Mark Hebert
520 W. Chestnut Street
Louisville, KY 40202John H. Walker
Assistant General Counsel
Cabinet for Health Services
275 E. Main Street, 5W-B
Frankfort, KY 40621-0001
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Cabinet for Health Services violated the Open Records Act in denying WHAS 11 reporter Mark Hebert's March 13, 2001, request for records reflecting Medicaid and Medicare payments to Dr. Steven Henry from 1990 to the present. We believe that 01-ORD-67, a copy of which is attached hereto, and incorporated by reference, is controlling.
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 proceedings.