Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This question 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 Courier-Journal reporter Joseph Gerth's March 14, 2001, request for records containing "information on procedures performed by Dr. Steven L. Henry, M.D., and reimbursed by Medicaid from 1996 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.
Jon L. Fleischaker2000 Meidinger Tower 462 S. 4th Ave.Louisville, KY 40202
Joseph GerthThe Courier-JournalLexington Bureau400 Old East Vine Street, Suite 201Lexington, KY 40507
John H. WalkerAssistant General CounselCabinet for Health Services275 E. Main Street, 5W-BFrankfort, KY 40621-0001
Gil LawsonOffice of CommunicationsCabinet for Health Services275 E. Main StreetFrankfort, KY 40621-0001