Entry to Lexington History Center, Formerly the Limestone Court House for Fayette County, Lexington, Kentucky

Entry to Lexington History Center
Formerly the Limestone Court House for Fayette County, Lexington, Kentucky

 

Click here for the May 2013 summaries of published decisions from the Kentucky Court of Appeals (COAKY) which contain topical case summaries for this month’s published decisions.

Click here for list of the monthly archives of COA Monthly Summaries of Published Decisions at AOC.

Tort, insurance and civil cases:

MEDICAL RECORDS

Eriksen v. Gruner & Simms, PLLC
2012CA000563 05/17/2013 2013 WL 2120295
Opinion by Chief Judge Acree; Judges Dixon and Thompson concurred. The Court of Appeals affirmed the circuit court and held that when a patient expressly asks his healthcare provider to provide his first free copy of medical records to an agent of the patient, KRS 422.317(1) requires that the copy be provided to the agent free of charge. However, the healthcare provider may seek reimbursement for any charges incurred in mailing, faxing, scanning, or otherwise transmitting the free copies to the patient’s agent. The Court further held that KRS 422.317 did not violate the Kentucky or United States Constitutions. 

Here is a link to the AOC’s posted monthly summaries.  However, be forewarned they are of marginal benefit since they are a running listing of decisions from the preceding months.