Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether Baptist Hospital East is a "public agency" for purposes of the Open Records Act. For the reasons that follow, we conclude that the hospital is not a public agency within the meaning of KRS 61.870(1), and is not subject to the Act.
By letter dated September 1, 2000, Victoria Kelley submitted an open records request to Baptist Hospital East requesting certain statistical information relating to deaths at the hospital and nurse to patient ratio.
On September 19, 2005, Ms. Kelley initiated an appeal to this office stating she had received no response from the hospital.
After receipt of notification of the appeal and a copy of the letter of appeal, Jessica L. Swim, Corporate Counsel, Baptist Healthcare System, provided this office with a response to the issues raised in the appeal. In her response, Ms. Swim advised that Baptist Hospital East is not subject to the Open Records Act as it is not a public agency as defined by the Act, rather it is a private, nonprofit corporation that operates an acute care hospital in Louisville, Kentucky.
The threshold issue presented in this appeal is whether Baptist Hospital East is a "public agency" for purposes of the Open Records Act. We conclude that the hospital is not a public agency within the meaning of KRS 61.870(1), and is not subject to the Act.
As Ms. Swim explained in her response to the letter of appeal, Baptist Hospital East is a private non-profit corporation and not a "public agency" within the meaning of Open Records Act. KRS 61.870(1). As such, it cannot be required to release its records, or to adhere to KRS 61.880(1), in response to a request for its records under the Open Records Act. 93-ORD-127. Accordingly, the actions of Baptist Hospital East relative to Ms. Kelley's request cannot be said to have violated 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.
Distributed to:
Victoria Kelley1875 Logsdon CemeteryClarkson, KY 42726 Jessica L. SwimCorporate CounselBaptist Healthcare System4007 Kresge WayLouisville, KY 40207