Attorney General's Opinion 1989 #016

ADMINISTRATION OF GOVERNMENT GENERALLY: VIRGINIA FREEDOM OF INFORMATION ACT: COMMISSIONS, BOARDS AND INSTITUTIONS: VIRGINIA HEALTH SERVICES COST REVIEW COUNCIL.

Council may not meet in executive session to discuss financial reports submitted by health care institution.

October 12, 1989

Ms. Ann Y. McGee
Director, Virginia Health Services Cost Review Council

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You ask whether the Virginia Health Services Cost Review Council (the "Council") may meet in executive session to review health care institutional budgets and historical filings submitted by health care institutions pursuant to §9-159 of the Code of Virginia.

I. Applicable Statutes

The Council operates pursuant to Chapter 26 of Title 9, §§9-156 through 9-166 ("Chapter 26"). The Council's general duties involve the review, analysis, and investigation of issues related to health care costs. Section 9-159(A) imposes significant financial reporting requirements on health care institutions. Section 9-159(B) provides:

The findings, recommendations and justification for such recommendations of the Council shall be open to public inspection, but individual health care institution filings made pursuant to this chapter shall not be subject to the provisions of 2.1-342. Individual patient and personnel information shall not be disclosed.

Section 2.1-342, a portion of The Virginia Freedom of Information Act, §§2.1-340 through 2.1-346.1 (the "FOIA"), governs disclosure of official records. Section 2.1-343 provides, in part:

Except as otherwise specifically provided by law and except as provided in §§2.1-344 and 2.1-345, all meetings shall be public meetings, including meetings and work sessions during which no votes are cast or any decisions made.

Section 2.1-344(A) authorizes a public body to meet in executive sessions to discuss certain limited topics.

II. Council May Not Meet in Executive Session to Discuss Health Care Institution Financial Reports

The Council is a "public body" subject to the FOIA open meeting requirement imposed by §2.1-343. See §2.1-341. Section 9-159 (B) exempts health care institution financial filings from the disclosure of official records requirement imposed by §2.1-342 of the FOIA. No provision of Chapter 26, however, authorizes the Council to convene in executive session to discuss health care institution financial filings. I have reviewed the exceptions to the FOIA's open meeting requirement provided in §2.1-344(A). None of these exceptions authorizes the Council to meet in executive session to discuss health care institution financial filings. In the absence of an applicable exception, it is my opinion that the Council may not meet in executive session to discuss the financial reports submitted by health care institutions. The exemption of these financial reports from the disclosure of official records requirement of the FOIA, provided by §9-159(B), in my opinion, is not sufficient to authorize the Council to meet in executive session to discuss the reports. Compare 1983-1984 Att'y Gen. Ann. Rep. 447 (general fund revenue estimate documents held by Governor's advisory boards excepted from mandatory disclosure; advisory boards may not meet in executive session to discuss revenue estimates).