Request By:
Larry Dennison, # 123322
Green River Correctional Complex
1200 River Road
P.O. Box 9300
Central City, KY 42330-9300Teresa Shanklin
Offender Information Services Supervisor
Green River Correctional Complex
1200 River Road
P.O. Box 9300
Central City, KY 42330-9300Emily Dennis
Department of Corrections
Office of General Counsel
2439 Lawrenceburg Road
P.O. Box 2400
Frankfort, KY 40602-2400
Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Green River Correctional Complex properly relied upon KRS 197.025(2), incorporated into the Open Records Act by virtue of KRS 61.878(1)(l), in denying the request of Larry Dennison "to inspect, with the option of copying, the HIPAA authorization on the back of the ATN urine seizure form utilized by Sgt. Turnley recording the seizure of [his] urine on October 10, 2004." In a recent decision, 04-ORD-248, the Attorney General conclusively resolved this identical issue in favor of GRCC. Accordingly, the same result necessarily follows here. A copy of that decision is attached hereto and incorporated by reference. Because the requested record, namely, the "Authorization for the Use and Disclosure of Protected Health Information" located on the "back page" of the chain of custody form utilized by GRCC, does not contain a specific reference to Mr. Dennison, GRCC did not violate the Act in denying Mr. Dennison access on the basis of KRS 197.025(2).
A party aggrieved by this decision may appeal it by initiating an 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.