Granted: Lackawanna Co. prison pharmacy records from contractor
August 12, 2009 Filed in: Granted
| Lackawanna
Co. | Not public
record | Governmental
function | Third-party
contractors | Record
not in possession
Granted: A request for an
unredacted contract and a three-year financial
accounting for the pharmacy at the Lackawanna
County Prison.
From
the Pennsylvania Freedom of Information
Coalition
Granted: A request for an unredacted contract and a three-year financial accounting for the pharmacy at the Lackawanna County Prison.
The county said it has been working to obtain that information from the third-party contractor providing medical care at the prison, which subcontracts with another provider for pharmacy services.
(The requester had filed a separate appeal regarding the county prison’s pharmacy contract and accounting of that contract, which was decided in his favor in Rogan vs. Lackawanna County AP 2009-0096. That decision has been appealed to the Lackawanna County Court of Common Pleas.)
However, the county argued to the Office of Open Records that because the records sought are the records of a third-party contractor, they do not qualify as a public record of the county, and that the records in any case are not in the possession of the county.
“The OOR has consistently held that an agency has possession over a record if the record is within the agency’s control,” the Office of Open Records wrote.
“Further, pursuant to [the Right to Know Law], when the record sought is a record incident to performing a governmental function on behalf of the agency, the record is deemed a ‘public record of the agency for purposes of this act.’
“The county attempted to comply in obtaining records from the third-party contractor CCI, and ultimately is deemed to have control over CCI ... as the OOR determined in Rogan vs. Lackawanna County AP 2009-0096 and 0108. The CCI contract for a governmental function provides that the pharmacy services are included among the services CCI provides.”
The OOR determined that CCI has an obligation as a contractor for a governmental function to provide financial accounting records to the county upon request.
“The detailed financial accounting, to reflect the fees obtained and paid for the services, and to include the description of services for the amounts ... are public records of the county that must be disclosed in response to the request,” the OOR wrote.
“The pharmacy contract redactions had not been supported as required by ... the RTKL, and therefore it must be provided. The detailed financial accounting of the pharmacy must also be supplied for the last three years, from the records to which CCI has access in ... the pharmacy contract.
“The county is directed to reveal the provider’s identity, obtain from CCI an unredacted copy of the pharmacy contract and a detailed financial accounting as described above and provide them to the citizen within thirty (30) days.”
Rogan vs. Lackawanna County -- AP 2009-0611
Granted: A request for an unredacted contract and a three-year financial accounting for the pharmacy at the Lackawanna County Prison.
The county said it has been working to obtain that information from the third-party contractor providing medical care at the prison, which subcontracts with another provider for pharmacy services.
(The requester had filed a separate appeal regarding the county prison’s pharmacy contract and accounting of that contract, which was decided in his favor in Rogan vs. Lackawanna County AP 2009-0096. That decision has been appealed to the Lackawanna County Court of Common Pleas.)
However, the county argued to the Office of Open Records that because the records sought are the records of a third-party contractor, they do not qualify as a public record of the county, and that the records in any case are not in the possession of the county.
“The OOR has consistently held that an agency has possession over a record if the record is within the agency’s control,” the Office of Open Records wrote.
“Further, pursuant to [the Right to Know Law], when the record sought is a record incident to performing a governmental function on behalf of the agency, the record is deemed a ‘public record of the agency for purposes of this act.’
“The county attempted to comply in obtaining records from the third-party contractor CCI, and ultimately is deemed to have control over CCI ... as the OOR determined in Rogan vs. Lackawanna County AP 2009-0096 and 0108. The CCI contract for a governmental function provides that the pharmacy services are included among the services CCI provides.”
The OOR determined that CCI has an obligation as a contractor for a governmental function to provide financial accounting records to the county upon request.
“The detailed financial accounting, to reflect the fees obtained and paid for the services, and to include the description of services for the amounts ... are public records of the county that must be disclosed in response to the request,” the OOR wrote.
“The pharmacy contract redactions had not been supported as required by ... the RTKL, and therefore it must be provided. The detailed financial accounting of the pharmacy must also be supplied for the last three years, from the records to which CCI has access in ... the pharmacy contract.
“The county is directed to reveal the provider’s identity, obtain from CCI an unredacted copy of the pharmacy contract and a detailed financial accounting as described above and provide them to the citizen within thirty (30) days.”
Rogan vs. Lackawanna County -- AP 2009-0611