University Medical Center, Inc. v. American Civil Liberties Union of Kentucky, Inc.

OPINION

NICKELL, JUDGE:

The question before us is whether University Medical Center, Inc. (“UMC”)1— *792operator of University of Louisville Hospital and related facilities (“ULH”) — is a public agency within the scope of Kentucky’s Open Records Act (“Act”).2 Two paths have been suggested to conclude UMC is a public agency. We may follow the lead of the Office of the Attorney General (“OAG”) and hold UMC is a public agency under KRS 61.870(l)(j) because it was “established, created, and controlled by a public agency[.]” Or, we may follow the Jefferson Circuit Court’s lead and hold UMC is a public…