23-ORD-133
June 13, 2023
In re: Carlos Harris/Wellpath, LLC
Summary: In the absence of evidence that Wellpath, LLC (“Wellpath”)
receives at least 25% of its funds expended in Kentucky from state or
local authority funds, Wellpath is not a public agency under the Open
Records Act (“the Act”).
Open Records Decision
On May 1, 2023, inmate Carlos Harris (“Appellant”) submitted a request to
Wellpath for five categories of records.1 Having received no response from the Medical
Center, the Appellant initiated this appeal on May 15, 2023.
On appeal, Wellpath states it is not subject to the Act because it is a private
entity.2 Upon receiving a request to inspect records, a public agency must decide
within five business days whether to grant the request or deny the request and
explain why. KRS 61.880(1). A private entity, such as Wellpath, is not a “public
agency” under the Act unless it is a “body which, within any fiscal year, derives at
least twenty-five percent (25%) of its funds expended by it in the Commonwealth of
Kentucky from state or local authority funds.” KRS 61.870(1)(h). Moreover, “any
1
The Appellant sought: (1) the name and address of a Wellpath employee; (2) the “Wellpath
standards for removal of Tumors”; (3) the results of biopsies taken at a medical facility on March 29,
2023; (4) the “Wellpath standards for treatment of Gastritis and LA B Grade reflux esophagitis”; and
(5) “any/all information/documents about ‘Cost Containment Plan.’”
2
Nevertheless, Wellpath states that no records responsive to requests two, four, or five exist. It
declines to provide the Appellant with records responsive to request one because those records do not
specifically reference him. See KRS 197.025(2). Finally, Wellpath states the Appellant can obtain
records responsive to request three by submitting a request to the facility where the Appellant is
incarcerated.funds derived from a state or local authority in compensation for goods or services
that are provided by a contract obtained through a public competitive procurement
process shall not be included in the determination of whether a body is a public
agency under this subsection.” Id.
Here, the Appellant neither claims, nor provides any evidence to support a
claim, that Wellpath derives 25% of its funds expended in Kentucky from state or
local authority funds. In contrast, Wellpath directly states it “does not derive 25% of
its funds expended in the Commonwealth of Kentucky from state or local authority
funds.” As a result, this Office cannot find that Wellpath is a public agency under
KRS 61.870(1), or that it is subject to the Act.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall
be notified of any action in circuit court, but shall not be named as a party in that
action or in any subsequent proceedings. The Attorney General will accept notice of
the complaint emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#197
Distributed to:
Carlos Harris #143261
Karen Vesty,