Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter comes to the Attorney General on appeal from the actions of Ridge Behavioral Health System (Ridge) in response to Marvin Phipps' open records request for copies of the medical records of Brittany Woodhall.
Ridge denied Mr. Phipps' request on the basis that medical information is confidential and may be released only upon written authorization of the patient, parent or legal guardian (if the patient is a minor) or the next of kin if the patient is deceased. Subsequent to the initiation of the appeal, Ridge advised this office that it is a private corporation and confirmed that the corporation did not derive at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds.
For the reasons that follow, it is the conclusion of this office that Ridge is not a "public agency" as defined by KRS 61.870(1) and its records are exempt from public inspection under the Open Records Act.
This office has consistently recognized that a private company or corporation comes within the purview of the Open Records Act only if it derives at least 25% of its funds from state or local authority funds and otherwise does not fall within the definition of a public agency found at KRS 61.870(1)(a) - (k), 06-ORD-210 and 05-ORD-097. Those opinions were premised on the following definition of "public agency" set out in KRS 61.870(1)(h):
Any body which derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds.
Since Ridge does not derive at least twenty-five (25%) of its funds expended by it in the Commonwealth from state or local funds and otherwise does not fall within the definition of a public agency found at KRS 61.870(1)(a) - (k), the private corporation does not fall within the definition of a "public agency" to which the Open Records Act applies. Accordingly, Ridge is not subject to the provisions of the Open Record Act and its actions relative to Mr. Phipps' open records request would not constitute a violation of the Act.
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.