Skip to main content

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

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
The Courier-Journal
Agency:
Cabinet for Health Services
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 238
Cites:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.