FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Ford
Fessenden and |
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Complainant |
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against |
Docket #FIC 2000-388 |
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Research
Analyst Supervisor, |
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Respondent |
March 14, 2001 |
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The above-captioned matter was heard as a contested
case on September 6, 2000, at which time the complainants and the respondents
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 and conclusions of law are reached:
1.
The respondents are
public agencies within the meaning of §1-200(1),
G.S.
2.
By letter dated June
13, 2000, to the respondents, the complainants made a request for “records
of hospital admissions for 1991 to 1999, including all fields collected by
regulation except those that identify a patient’s name and street address.”
3.
It is found that the
respondents maintain an “Inpatient Discharge Database” which is the
document responsive to the complainants’ request.
4.
By letter dated July
5, 2000, the respondent research analyst supervisor informed the complainants
that due to the mandates of §19a-167g-94 of the Regulations of Connecticut
State Agencies, which pertains to the respondent Office of Health Care Access,
a copy of the Inpatient Discharge Database could not be released.
5.
By letter dated July
18, 2000 and filed on July 21, 2000, the complainants appealed to this
Commission alleging that the respondents violated the Freedom of Information (“FOI”)
Act by denying their request.
6.
Section 1-210(a), G.S.,
provides in relevant part that:
[e]xcept
as otherwise provided by any federal law or state statute, all records
maintained or kept on file by any public agency, whether or not such records
are required by any law or by any rule or regulation, shall be public records
and every person shall have the right . . . to receive a copy of such records
in accordance with the provisions of section 1-212.
7. Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record . . . .”
8. It is found that the requested records are public records within the meaning of §1-210(a), G.S.
9. Section 19a-654, G.S., provides that "[i]ndividual patient and physician data identified by proper name or personal identification code and submitted pursuant to this section shall be kept confidential…"
10. It is therefore concluded that section 19a-654, G.S., exempts from public disclosure personally identifying patient and physician information from the Inpatient Discharge Database.
11. It is further concluded, therefore, that the respondents violated the provisions of §§1-210(a) and 1-212(a), G.S., by failing to provide the complainants with a copy of the Inpatient Discharge Database, with personally identifying patient and physician information redacted.
The following order
by the Commission is hereby recommended on the basis of the record concerning
the above-captioned complaint.
1. The respondents shall forthwith provide the complainants with a copy of Inpatient Discharge Database.
2. In complying with paragraph 1 of the order, above, the respondents may redact any personally identifying patient and physician information from the Inpatient Discharge Database, prior to disclosure to the complainants.
3. Henceforth, the respondents shall strictly comply with the disclosure provisions of §§1-210(a) and 1-212(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 14, 2001.
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Petrea A. Jones
Acting Clerk of the Commission
PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
Ford Fessenden and The New York
Times Company
c/o Glory Lena, Esq. and
Ralph G. Elliot, Esq.
Tyler Cooper & Alcorn, LLP
CityPlace - 35th Floor
Hartford, CT 06103-3488
Research
Analyst Supervisor,
State
of Connecticut, Office of
Health
Care Access; and State
of
Connecticut, Office of Health
Care
Access
c/o
Thomas J. Ring, Esq.
Assistant
Attorney General
55
Elm Street, PO Box 120
Hartford, CT 06141-0120
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-388/FD/paj/03/20/2001