A circuit court judge upheld a 2015 decision from the Kentucky Attorney General's Office, affirming that the foundation for Lexington, Ky.-based UK HealthCare is a public agency, and therefore should be subject to open records laws, according to the Lexington Herald-Leader.
The Kentucky Medical Services Foundation was created in 1978 to help University of Kentucky attract and retain physicians for its health system with competitive salaries. It also provides funding for education, research, service and patient care at UK Health Care and the university, according to its website.
Fayette Circuit Court Judge Kimberly Bunnell ruled in a hearing April 25 that the foundation was a public agency because it was created by the university and operated by UK HealthCare physicians, according to the Lexington Herald-Leader. An order was signed May 29 affirming the ruling. Ms. Bunnell also upheld the attorney general's opinion in a related case in March, ruling that the UK HealthCare Compensation Planning Committee is subject to open records laws. The committee determines physician compensation.
The cases were filed by Lachin Hatemi, MD, a former medical student at UK and now a nuclear medicine physician. Dr. Hatemi filed multiple open records requests with the foundation over concerns it was misusing funds. He filed the lawsuits after the foundation declined most of his open records requests, according to 2017 coverage from WKYT, the local CBS station.
The university says the foundation is an affiliated, but separate, entity and therefore exempt from open records laws.
The ruling could be appealed again, which would send the case to the Kentucky Court of Appeals.
Read more here.
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