00-ORD-46.docVIP

00-ORD-45 February 18, 2000 In re: Tresa Croney White/Volunteers of America Open Records Decision This matter is before the Attorney General on appeal from the actions of the Volunteers of America relative to a series of open records requests by Tresa Croney White, D.M.D. for copies of all records obtained and maintained on her husband James Michael White while he was a resident at the facility during June 28, 1999 through July 3, 1999. In a letter dated December 6, 1999, G. Henry Shemwell, Program Manager, Volunteers of America, advised Dr. White, in relevant part: As far as receiving a copy of a file that exists we will be obliged to send all records after receiving a release of information that complies with Federal Law, CFR 42, section B. A copy of a release that complies with this federal statute is enclosed with this letter. Please return the release to me, signed by the appropriate parties, and all information will be forwarded to the ex client as soon as it is received. By letter dated December 30, 1999, Dr. White advised this office that on December 16, 1999, she had forwarded an open records request form and a money order to the Volunteers of America requesting information omitted from her original July 13, 1999 open records request and she had received no response to this request. The December 16, 1999 request was signed by James Michael White and made the following request: Please forward the packet of information sent to V.O.A. by the Parole Officer and/or Offender Rehabilitation Specialist which includes: Copy of Client History Summary of client’s treatment history Information on what is available for aftercare Release information for V.O.A. and P.O. And all test results forwarded by P.O. to V.O.A. Mr. White asked that the information be forwarded to Dr. White. Because the Volunteers of America is under contract to provide services for the Department of Corrections and as authorized by KRS 61.880(1) and 40 KAR 1:030, Section 2, Tamela Bigg