FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Connecticut Hospital Association,
Complainant
against Docket
#FIC 87-395
State of Connecticut Commission on Hospitals and Health Care,
Respondent April 27, 1988
The above-captioned
matter was heard as a contested case on February 16, 1988, at which time the
complainant and the respondent appeared, stipulated to certain facts and
presented testimony, exhibits and argument on the complaint.
After consideration of
the entire record, the following facts are found:
1. The respondent is a public agency within the
meaning of §1-18a(a), G.S.
2. By letter dated December 11, 1987 the
complainant made a request of the chairman of the respondent for the following
documents:
A. "FY
1988 Rates Orders issued for acute care general hospitals on or about November
30, 1987, which incorporate FY 1987 interim compliance calculations, including
but not limited to the following calculations and determinations:
1. FY 1986
Base Year Rate Order-PPS, included as Attachment 1 to such Rate Orders;
2. FY 1987
Interim Compliance Rate Recomputation-PPS, included as Attachment 2 to such
Rate Orders;
3. FY 1988
Alternate Rate Order Determination-PPS, included as Attachment 3 to such Rate
Orders;
4. FY 1988
Alternate DRG Fee Schedule and Outlier Per Diem Rates, included as Attachment 4
to such Rate Orders; and
Docket #FIC 87-395 Page 2
B. FY 1986
Final Compliance Orders issued for all acute care general hospitals, including
but not limited to the following calculations and determinations:
1. PPS Base
Year Peer Group Determination;
2. Base Year
Hospital and Peer Group Computation-FY 1986; and
3. Fiscal
Year 1986 Final Compliance Rate Recomputation."
3. The complainant also requested the following
documents with respect to each of the respondent's orders, calculations and
determinations listed in paragraph 2, above:
a. "Any
and all software used in calculating, producing, developing, preparing, and
issuing such orders, calculations, and determinations;
b. A hard
copy of all of the output of such software;
c. Copies of
the completed input variable listings for each acute general hospital;
d. Any and
all software used by the Commission or its agents for purposes of analyzing
and/or summarizing such hospital orders, calculations, and determinations;
e. Any and
all instructions pertaining to the operation and use of such software and
computerized information; and
f. Any and
all schematics or drawings which describe the operation and/or
interrelationship of the various components of such software or computerized
information."
4. By letter dated December 24, 1987 the
respondent indicated what information would be provided to the complainant and
the cost thereof.
5. By letter of complaint filed with the
Commission on December 29, 1987 the complainant appealed the respondent's
failure to provide all of the requested information.
Docket #FIC 87-395 Page 3
6. It is found that the complainant was
provided with a copy of the records set forth in paragraph 2, above.
7. With respect to paragraph 3a, above, the
respondent agreed to provide the complainant with a computer printout of the
requested information.
8. The respondent argues that under §1-19a,
G.S., it is obliged only to provide a printout of the computer-stored data and
does not have to transfer the information onto a diskette as was requested by
the complainant.
9. It is found that the respondent's orders,
calculations and determinations are stored on a hard diskette which contains
about 325 files and that the information can be retrieved without creating a
specially designed program.
10. Under §1-19(a), G.S., a public agency is
required to provide a person, as requested, with a copy of a non-exempt public
record in accordance with the provisions of §1-15, G.S. Section 1-18a(d), G.S., defines a public
record as "any recorded data or information. . . whether such data or
information be handwritten, typed. . . or recorded by any other method."
11. It is therefore concluded that the requested
information, maintained in the respondent's computer storage system is a public
record within the meaning of §1-18a(d), G.S., and subject to the provisions of
§§1-5 and 1-19(a), G.S.
12. It is also concluded that §1-19a, G.S., does
not limit expressly the medium of disclosure of public records maintained on a
computer storage system to a printout nor does it authorize the respondent to
select the medium of disclosure of public records. The respondent is obliged to provide the complainant with a copy
of the information on the medium requested.
13. At the hearing, the respondent agreed to
provide the complainant with a copy of the records set forth in paragraphs 3b,
3e and 3f, above.
14. It is concluded that the complainant was
denied prompt access to the records set forth in paragraphs 3a, 3b, 3e and 3f,
above, in violation of §§1-15 and 1-19(a), G.S.
Docket #FIC 87-379 Page 4
15. It is found that the record set forth in
paragraph 3d does not exist.
16. With respect to paragraph 3c, above, it is
found that the respondent provided the complainant with a printout of the
requested information. However, at the
hearing, the complainant explained that it wants the information transferred
onto a diskette.
17. It is found, however, that the complainant
did not in its original request specify that it wanted the information
transferred onto a diskette, and the respondent had no way of knowing the
medium by which the complainant wanted the information provided.
18. It is therefore concluded that with respect
to paragraph 3c, above, the respondent did not violate §§1-15 or 1-19(a), G.S.,
by providing the complainant with a computer printout instead of a computer
diskette.
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondent shall forthwith provide the
complainant, on a computer diskette(s), the information more fully described at
paragraph 3a of the findings of fact.
2. In complying with paragraph 1 of this order,
above, the complainant shall provide the respondent with an appropriate number
of suitable diskettes on which to copy the requested information.
Approved by order of
the Freedom of Information Commission at its regular meeting of April 27, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission