Remember when the Attorney General told the Kentucky Medical Services Foundation that it was subject to Kentucky’s open records laws?
From November 9, 2015:
A foundation affiliated with the University of Kentucky that was questioned during the controversial ouster of a UK surgeon must turn over its records for public inspection, Attorney General Jack Conway has ruled.
“Kentucky Medical Services Foundation operated as a secretive entity within UK for more than 30 years,” Hatemi said. “I have significant concerns about the university’s money being mismanaged under the disguise of KMSF without any oversight from UK Board of Trustees.”
The Herald-Leader has made several requests for documents to the foundation in recent months. Officials have provided the requested documents but have maintained they were not required to do so by law.
UK’s argument that the foundation is private relied on a 1982 decision by the attorney general which found that the foundation was not subject to the Open Records Act. But subsequent decisions by the attorney general found the University Medical Center, which administers the University of Louisville’s practice plan, was a public agency because U of L appointed a majority of its board.
The same is true for KMSF, the attorney general ruled.
“Documents submitted to this office … confirm that the University of Kentucky and the College of Medicine exercise extensive and continuing control of the foundation,” the opinion states.
The ruling cites numerous examples of UK’s control of the foundation, including bylaws that prohibit the foundation from accepting gifts or merging with another entity without the university’s consent and require the foundation to submit to audits by UK’s internal audit office.
Turns out the KMSF decided to break the law again!
Lachin Hatemi filed another request with the organization on February 1, asking specifically for:
Any agreements between KMSF, University of Kentucky and Coldstream Laboratories Inc. between January 2010 and January 2015
And KMSF said:
CLICK EACH IMAGE TO ENLARGE
Can you believe that? They had the nerve to claim agreements – government agreements – are confidential. Hahaha.
Okay. Sure. Keep up with that front. Because the matter is being appealed, yet again, to the Office of the Attorney General.
This is why Kentucky can’t have nice things.