State Records Committee Decision 2015-04

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

MAXIMINO ARRIAGA, Petitioner, v.

UTAH DEPARTMENT OF CORRECTIONS, Respondent.

DECISION AND ORDER

Case No. 15-04

By this appeal, Petitioner, Maximino Arriaga, seeks access to records potentially held by Respondent, Utah Department of Corrections.

FACTS

On or about October 4, 2014, Mr. Arriaga made a records request to the Utah Department of Corrections (“Corrections”) pursuant to the Government Records Access and Management Act (“GRAMA”), which was received by Corrections’ Records Bureau on or about November 14, 2014. Mr. Arriaga requested “[i]temized copies of medical bills” for medical services provided to another inmate whom Mr. Arriaga had been found guilty of assaulting the previous year. Mr. Arriaga’s request was denied by Corrections on the grounds that the requested medical records were classified as “private.” However, Corrections did provide Mr. Arriaga with an itemization of the restitution charges with the private information redacted.

On or about November 24, 2014, Mr. Arriaga appealed the denial to Corrections’ Deputy Director requesting the information detailing the medical services provided to the other inmate, which had been redacted. On or about December 2, 2014, the Deputy Director denied Mr. Arriaga’s appeal on the grounds that the redacted medical information pertaining to the other inmate was appropriately classified as “private.”

Thereafter, Mr. Arriaga filed an appeal with the State Records Committee (“Committee”). The Committee having reviewed the arguments submitted by the parties and having heard oral argument and testimony on January 8, 2015, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. Pursuant to Utah Code §63G-2-202(1), GRAMA allows a governmental entity to provide a medical record that is private, to the following:
(a) the subject of the record;
(b) the parent or legal guardian of an unemancipated minor who is the subject of the record;
(c) the legal guardian of a legally incapacitated individual who is the subject of the record;
(d) any other individual who:
(i) has the power of attorney from the subject of the record;
(ii) submits a notarized release from the subject of the record or the individual's legal representative dated no more than 90 days before the date the request is made; or
(iii) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a health care provider, as defined in Section 26-33a-102, if releasing the record or information in the record is consistent with normal professional practice and medical ethics; or;
(e) any person to whom the record must be provided pursuant to:
(i) court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers. [Utah Code § 63G-2-202(1)]

2. After reviewing the arguments submitted by the parties, and hearing oral arguments and testimony, the Committee finds that Corrections correctly classified the medical records as “private” and responded appropriately in denying Mr. Arriaga’s request, pursuant to Utah Code § 63G-2-202. Mr. Arriaga does not fall under any of the categories listed in Utah Code § 63G-2-202(1) and therefore, is not entitled to receive copies of the requested records.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Maximino Arriaga, is DENIED.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to the District Court. The petition for review must be filed no later than thirty (30) days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and Utah Code § 63G-2-404. The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(14)(d), the government entity herein shall comply with the order of the Committee and, if records are ordered to be produced, file: (1) a notice of compliance with the records committee upon production of the records; or (2) a notice of intent to appeal. If the government entity fails to file a notice of compliance or a notice of intent to appeal, the Committee may do either or both of the following: (1) impose a civil penalty of up to $500 for each day of continuing noncompliance; or (2) send written notice of the entity's noncompliance to the Governor for executive branch entities, to the Legislative Management Committee for legislative branch entities, and to the Judicial Council for judicial branch agencies’ entities.

Entered this 20th day of January 2015.

BY THE STATE RECORDS COMMITTEE

_______________________________________
PATRICIA SMITH-MANSFIELD, Chairperson
State Records Committee