Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 Office of the Attorney General's Medicaid Fraud & Abuse Control Division properly relied on KRS 61.878(1)(h) in denying James T. Hood's open records request for "a copy of the complaints filed by William Trigg and Dan Dabney concerning the operations of the Inspector General's Office of Kentucky's Cabinet for Health Services and a copy of your office's findings." We believe that 00-ORD-81, and the authorities cited therein, is controlling on the issue of whether the Division properly denied access to the requested records on the basis that each of the investigations involved is still open. A copy of 00-ORD-81 is attached hereto and incorporated by reference. We find no error in the Division's denial of the instant request.
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.
James L. Hood188 Timberlane CourtNicholasville, KY 40536
C. D. BatsonAssistant Attorney GeneralMedicaid Fraud & Abuse Control DivisionOffice of Attorney General1024 Capital Center DriveFrankfort, KY 40601
Barbara M. WhaleyDirector, Medicaid Fraud & Abuse Control DivisionOffice of Attorney General1024 Capital Center DriveFrankfort, KY 40601
Corey BellamyRecords CustodianOffice of Attorney GeneralCapitol Building, Suite 118Frankfort, KY 40601