Opinion
Opinion By: Andy Beshear,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
This matter having been presented to the Office of the Attorney General in an open records appeal, and the Office being sufficiently advised, we find that Correct Care Solutions, LLC, which provides health care services to inmates under a competitively bid contract with the Department of Corrections, is not a public agency for the reasons set forth in 15-ORD-161. CCS is not, therefore, obligated to honor Jeremy Henley's November 24, 2015, request for a free copy of his medical records. Nor can Mr. Henley circumvent the Kentucky Department of Corrections denial of the same request, based on the insufficiency of funds in his inmate account and his security status which precludes onsite inspection, by attempting to secure his medical records through a nonpublic entity, to wit, CCS. We rely on the analysis in 15-ORD-161, a copy of which is enclosed.
Correct Care Solutions, LLC, is not subject to, and therefore did not violate, the Open Records Act in the disposition of Mr. Henley'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 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.