FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on December 9, 2010, at which time the complainant and respondents appeared and presented testimony, exhibits and argument on the complaint. The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). 

 

The respondents moved to dismiss this matter based on the abusive and threatening letter sent by the complainant to the hearing officer.  The respondents contended that granting the complainant a hearing on his appeal would “perpetrate an injustice” within the meaning of §1-206(b)(2), G.S.  The Commission hereby denies such motion; however, the Commission formally admonishes the complainant that such offensive language will not be tolerated and will result in the sanction of dismissal if the complainant communicates with other parties or with the Commission staff in such a fashion again.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.      The respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.      By letter of complaint filed March 10, 2010, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with copies of his medical records. 

 

3.      Section 1-200(5), G.S., defines “public records” as follows:

 

Public records or files means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, …whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

4.      Section 1-210(a), G.S., provides, in relevant part:

 

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours or … to (3) receive a copy of such records in accordance with the provisions of section 1-212.

 

5.      Section 1-212(a), G.S., provides in relevant part:  “Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

 

6.      It is concluded that the records requested by the complainant are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

 

7.      It is found that on March 4, 2010, the complainant made a written request for his “complete medical files from January 1, 2009” to the date of his request.   

 

8.      It is found that the respondents asked the complainant to sign a form authorizing them to disclose the complainant’s medical records to him.  It is found that the complainant refused to sign such form. 

 

9.      It is found that, following the hearing in this matter, the complainant signed a written authorization for disclosure of his medical records to himself and, consequently, the respondents provided such copies to the complainant.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.       The complaint is dismissed.

 

 

 

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 23, 2011.

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Raymond Cerilli #162375

MacDougall-Walker C I

1153 East Street South

Suffield, CT 06080

Executive Director, State of Connecticut,

University of Connecticut Health Center,

Correctional Managed Health Care; and

State of Connecticut, University of Connecticut

Health Center, Correctional Managed Health Care

C/o Donald R. Green, Esq.

Assistant Attorney General

University of Connecticut Health Center

263 Farmington Avenue

Farmington, CT 06030

 

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2010-169FD/sw/2/28/2011