Public Hospital Records

The Law

Trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting.

Commentary

Under this exception, the governing body of a public hospital may keep confidential information in its records that was discussed in a properly closed meeting when the information to be kept confidential pertains to trade secrets, is protected by the privilege for attorney-client communications or relates to the hospital’s long-range or strategic business plans. The exception corresponds to a similar exception in the Open Meetings Act (NMSA 1978, § 10-15-1(H)(9)) that permits public hospital boards to discuss the same information in closed meetings. To constitute a “properly closed meeting” for purposes of the exception, the meeting where the topics covered by the exception are discussed must be closed according to the requirements of the Open Meetings Act.

Example 20:
The board of a public hospital holds its regularly scheduled public meeting. During the meeting, a board member moves to go into executive session to discuss the hospital’s five-year business plan. The plan contains the details of the board’s proposal to expand the hospital’s operations within the county and into neighboring communities. The board goes into closed session in accordance with the procedures required by the Open Meetings Act. The day after the meeting, a reporter for the local television station requests a copy of the proposal. The hospital’s records custodian may properly deny access to the proposal because it contains the hospital’s long- range and strategic business plans, and was discussed in a properly closed meeting.

Example 21:
The administrator for a county hospital leased to a private, non-profit organization creates a pay scale for nonmedical staff positions at the hospital. A member of the custodial staff requests a copy of the pay scale. Unless otherwise protected by law, the pay scale is a public record and must be disclosed because it does not involve trade secrets or long- range business plans of the hospital discussed in a properly closed meeting.

Commentary

It should be noted that a public hospital’s records containing trade secrets and attorney-client privileged materials probably are protected by other state laws as well as under this specific exception (see the list of state laws in Chapter III, Section B.9). Those records, therefore, may remain confidential regardless of whether they are discussed in a properly closed meeting.