Open Records Decision No. 385
June 13, 1983

	Re:  Whether accounts receivable of Edinburg General Hospital are available to 
the public under the Open Records Act

Mr. Donald W. Allee
Edinburg Hospital Authority
P. O. Box 2000
Edinburg, Texas  78539

Dear Mr. Allee:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether information in the accounts receivable of Edinburg General 
Hospital are available to the public.  The records at issue here consist of the names of 
patients, account numbers, the amounts owed and the dates upon which the accounts 
became delinquent.  You suggest that the information may be excepted from disclosure 
under section 3(a)(1) of the Open Records Act, as “information deemed confidential by 
law,” specifically, federal statutes regarding consumer credit information and the 
individual's right of privacy.

	The federal law in question, sections 1681, et seq. and 1692, et seq., 15 U.S.C., is 
applicable only to information in the custody of credit reporting agencies.  It has no 
application to credit information held by a public hospital.

	In Open Records Decision No. 373 (1983), we held that financial information 
contained in files of applicants for housing rehabilitation grants ordinarily satisfied the 
first prong of the common law privacy test, because it could constitute “highly intimate 
or embarrassing facts, the disclosure of which would be highly objectionable to a person 
of ordinary sensibilities.”  We also found that the information satisfied the second prong 
of the test, in that it was “not of legitimate concern to the public.”  We emphasized, 
however, that such determinations must necessarily be made on a case-by-case basis.  
Furthermore, we did not imply in Open Records Decision No. 373 that the amount of any 
individual grant matched with the recipient's name could be withheld from disclosure.

	Section 6(3) of the Open Records Act specifically makes public:

information in any account, voucher, or contract dealing with the 
receipt or expenditure of public or other funds by governmental 
bodies, not otherwise made confidential by law.

Even if it may reasonably be said that the names of a public hospital's debtors, the 
amounts they owe, and the dates on which their accounts became delinquent constitute 
“highly intimate or embarrassing facts,” we believe that such information is of legitimate 
concern to the public.  Section 6(3) evidences a policy of full disclosure of a public 
body's debtors and creditors.  See Open Records Decision No. 151 (1977).

	In Open Records Decision No. 374 (1983), we held that the names of doctors who 
receive medicaid payments, and the amounts paid, are subject to disclosure.  See also, 
Open Records Decision No. 268 (1981).  In our opinion, the difference between the 
present inquiry and that of Open Records Decision No. 373 is similar to the situation 
which pertains to criminal history record information:  the arrest of an individual on a 
particular charge is public information in the custody of a police department, but his 
arrest history is not.  Open Records Decision No. 127 (1976).  Likewise, we believe it is 
appropriate to make a distinction between background financial information furnished to 
a public body about an individual and the basic facts regarding a particular financial 
transaction between the individual and the public body.  Because only the latter is the 
type of information specifically made public by section 6(3), we believe it is only the 
latter which is in this instance excepted from the more general rule regarding 
confidentiality of personal financial information.  See Open Records Decision No. 374 
(1983).  The confidentiality of background financial information should continue to be 
determined on a case-by-case basis.

	It is our decision that information in the accounts receivable of Edinburg General 
Hospital -- including the patients' names, account numbers, amounts owed, and dates 
upon which the accounts became delinquent -- is not excepted from disclosure under any 
provision of the Open Records Act.

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

Approved:
Opinion Committee

Susan L. Garrison, Chairman
Jon Bible
Colin Carl
Rick Gilpin
Jim Moellinger
Nancy Sutton
Bruce Youngblood