Request By:
Anthony Brumfield, # 263644
James G. Healy, Correct Care Solutions, LLC
Opinion
Opinion By: Andy Beshear,Attorney General;Gordon Slone,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether Correct Care Solutions, LLC ("CCS") violated the Open Records Act by failing to provide medical records to an inmate upon request. We rely on the reasoning set forth in 15-ORD-161 to find that CCS is not a public agency as that term is defined under the Open Records Act. Accordingly, we find that CCS is not subject to, and therefore did not violate, the Open Records Act in the disposition of the inmate's request.
On May 11, 2017, Anthony Brumfield, an inmate at Luther Luckett Correctional Complex (LLCC), sent a request for a free copy of his medical record to CCS, through LLCC. Mr. Brumfield cited to KRS 422.317(1) 1 for the proposition that he is eligible to receive a free copy of his medical record from CCS. On May 15, 2017, Melissa Abney, Administrative Assistant, Medical Records, LLCC, responded in writing to Mr. Brumfield's request. She explained that "[u]nder KRS 422.317(2), the Department of Corrections is not considered a health care provider and is therefore exempt from providing free copies of medical records." In support of her position, Ms. Abney cited OAG 91-210, and Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985), which the Attorney General has consistently held as authority to upheld a policy authorizing correctional institutions to require payment before providing inmate requesters with copies of records being sought. Thereafter, Mr. Brumfield appealed to this office explaining that he was requesting the free copy of his medical records through the Department of Corrections, and that his request was directed to CCS. His appeal requested a finding that CCS violated the Open Records Act. A copy of Mr. Brumfield's appeal was sent to CCS. 2
By letter of May 30, 2017, James G. Healy, Senior Counsel, Regulatory Affairs and Operations Support, CCS, explained that CCS is a corporate entity that provides health care services in the Commonwealth of Kentucky pursuant to a competitively bid contract with the Department of Corrections. Mr. Healy provided a sworn affidavit, dated August 5, 2015, that was previously provided to this office as part of its response to the appeal resulting in 15-ORD-161, in which Jeffrey J. Traczewski, Regional Vice President for the Kentucky operations of CCS, attested that all of the revenue CCS receives and expends in the Commonwealth of Kentucky is received through the public procurement process. No evidence in the record on appeal refutes these facts.
Based on these representations by CCS, in 15-ORD-161, this office determined that CCS is not a public agency as that term is defined by KRS 61.870(1) and is therefore not subject to the Open Records Act. We find no reason to depart from our opinion in 15-ORD-161. Therefore, we refer to the analysis set forth in 15-ORD-161 to conclude that, because CCS is not a public agency, the Open Records Act does not require CCS to comply with Mr. Brumfield's request. 3 Correct Care Solutions, LLC, is not subject to, and therefore did not violate, the Open Records Act in the disposition of Mr. Brumfield's request.
Either party may appeal this decision 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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Footnotes
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