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Heicklen v. Department of Corrections

Pursuant to the Right-to-Know Act, inmate had a right to view a survey and the Department's protocols concerning inmates with Hepatitis C because he demonstrated a close relationship between the requested material and an agency decision fixing a right or duty; however inmate had no right to review the confidential medical records of inmates with the condition.

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Submitted: February 9, 2001

Julian Heicklen (Petitioner), acting pro se, petitions for review of the denial by the Pennsylvania Department of Corrections (Department) of his request to inspect a document titled, “Protocol for Hepatitis C Identification and Treatment” (Protocol), to examine and review a survey completed regarding the number of inmates housed in state correctional facilities who currently have Hepatitis C, and to review or copy medical documentation of inmates under the care of the Department, pursuant to the statute known as the Right-to-Know Act (Act). *fn1 We reverse in part, and affirm in part.

On April 18, 2000, Heicklen contacted the Department with an oral request to obtain a copy the results of a survey completed by the Department pertaining to the percentage of inmates in state correctional institutions suffering with Hepatitis C. By letter dated May 10, 2000, the request was denied. Heicklen reduced the request to writing by letter of May 10, 2000. In July 2000, Petitioner filed a petition for review in this Court alleging that the Department refused to provide him access to: (1) a survey of the number of inmates housed in state correctional facilities who currently have Hepatitis C; 2) reports regarding treatment of inmates housed in the state correctional institutions that have Hepatitis C; and 3) the Department’s Hepatitis C Protocol for Identification and Treatment of Hepatitis C (Protocol). The Department treated the petition for review as a request for documents under the Act. By letter of December 8, 2000, the Department denied the request on the basis that the documents requested did not fix rights or duties and did not reflect the policy of the Department. The denial of the request was appealed to this Court by way of petition for review.

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