The Pennsylvania Department of Human Services cannot be compelled to disclose nursing home provider rates if it does not possess or control the financial records requested under the Right-to-Know Law, the Commonwealth Court has ruled.

A split seven-judge panel determined Oct. 5 in UnitedHealthcare of Pennsylvania v. Baron that the Office of Open Records erred in directing the disclosure because it relied on an inapplicable case and the requested rates were not within DHS’s constructive possession.

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