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University Hospital Files Suit Challenging Kentucky's Open Records Law

University Hospital in Louisville, Ky., has filed a lawsuit against the American Civil Liberties Union, a local newspaper and local news network that have requested documents on the hospital's proposed merger, according to a Courier-Journal report.

University Hospital filed the suit Friday against The Courier-Journal, the American Civil Liberties Union and WHAS-TV. The organizations have asked for the hospital's contract under a proposed merger with three Kentucky health systems — University Hospital, Jewish Hospital & St. Mary's HealthCare in Louisville and Lexington's St. Joseph Health System.

The suit argues that the hospital is a private, non-profit corporation because it is controlled by a board of directors, not the University of Louisville. This challenges Attorney General Jack Conway's ruling last month that it is a public entity, and would therefore have to abide by Kentucky's open records law.

Regardless of its status, the suit claims the documents requested are exempt from disclosure for various reasons, including that they are preliminary, proprietary and protected by attorney-client privilege.

The proposed statewide system would operate under Catholic health directives. This suit could play a major role in the merger, since a significant concern is whether the deal violates the state Constitution's ban on government favoring a religion. In this case, that concern is hinged on the legality of University Hospital operating as a Catholic organization.

Related Articles on University Hospital:

Kentucky AG Rules University Hospital is Public; Could Affect Merger
Organizations Request Kentucky AG Reevaluate Public Status of University Hospital
Kentucky's Baptist Hospital East to Take Over Tubal Ligations so University Hospital Can Abide by Catholic Directives




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