KS Supreme Ct Rules Electronic Copies Required

FACTS AND PROCEDURAL BACKGROUND

Because this case reaches us on an interlocutory appeal from the district court's grant of partial summary judgment, the salient facts are uncontroverted. As set forth by the district court, the relevant facts are as follows:

"1. [Phillips County] Hospital is a 'public agency' within the meaning of K.S.A. 45-217 and is therefore subject to KORA.

"2. On [various dates] Roe made written requests under KORA for copies of records made, maintained, kept, or in the possession of Hospital, including copies of existing electronic records in their native format.

3. Even when the language of a statute is clear, courts still consider various provisions of an act in pari materia to reconcile and bring those provisions into workable harmony, if possible. 2

4. The plain language of K.S.A. 45-219(a) requires a public agency, upon request, to provide a copy of a public record in the format in which it maintains that record.