Opinion
Opinion By: Andy Beshear,Attorney General;Taylor Payne,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 specific medical records to an inmate upon request. We rely on the reasoning set forth in 15-ORD-161, which is attached hereto, 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 August 14, 2016, Johnny Phillips, an inmate at Green River Correctional Complex, sent a request for medical records to CCS. On August 18, 2016, CCS replied to Mr. Phillips and requested that he resubmit his records request and provide more detailed information as to the records he sought to obtain. Thereafter, Mr. Phillips appealed to this office requesting a finding that CCS violated the Open Records Act.
In response to Mr. Phillips's appeal, CCS stated that it is a corporate entity that provides health care services to inmates in the Commonwealth of Kentucky pursuant to a competitively bid contract with the Department of Corrections. CCS 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, a representative 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 therefore not subject to the Open Records Act. We find no reason for deviating from our opinion expressed 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. Phillips's request. Accordingly, CCS did not violate the Open Records Request in the disposition of Mr. Phillips'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.