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Standard for Nondisclosure

This section provides the proper standard for determining whether records may be excluded from disclosure in administrative hearings, such as those provided for under the Health Care Acts of 1994: “if a document is confidential or proprietary, and that disclosure to competitors would give them substantially more than a trivial unfair advantage, the document should be protected from disclosure to those who are not parties to the proceeding.” Southeastern United Medigroup v. Hughes, 952 S.W.2d 195, 1997 Ky. LEXIS 90 (Ky. 1997), overruled in part, Hoskins v. Maricle, 150 S.W.3d 1, 2004 Ky. LEXIS 196 (Ky. 2004). Full Details