FRANKFORT, Kentucky — A Florida-based medical transparency company has filed a lawsuit against the state of Kentucky, alleging officials are withholding public healthcare pricing data tied to workers’ compensation claims.
The company, RefMed, filed the civil suit in Franklin Circuit Court, arguing that the Kentucky Education and Labor Cabinet is improperly denying access to key records that determine healthcare costs.
Dispute Centers on Fee Schedule Records
At the heart of the case are workers’ compensation fee schedules, which set the maximum allowable charges for medical services such as surgeries, doctor visits, and treatments.
RefMed claims these records should be publicly available under state law, but officials say access is restricted because parts of the data are owned by third parties.
Role of FAIR Health in the Dispute
The state contracted FAIR Health, a New York-based nonprofit, to help update its 2024 fee schedules—a process conducted every two years. Kentucky reportedly paid $85,000 for the work.
However, state officials now say the records can only be accessed through FAIR Health, which charges additional fees:
- Up to $175 for electronic copies
- Additional sharing fees per user
- Separate costs for PDF and hard copies
RefMed argues that requiring payment through a third party effectively blocks public access to government records.
Legal Argument: Public Records vs. Proprietary Data
The state denied RefMed’s records request, citing that certain billing codes are proprietary to the American Medical Association.
But RefMed counters that:
- It has already paid licensing fees to the AMA
- Once adopted by the state, the fee schedules become public records with legal authority
- Additional fees violate Kentucky’s Open Records Act
In its filing, the company questioned whether a public agency can legally require citizens to purchase government records from a private entity.
Allegations of Monopoly and Restricted Access
The lawsuit further claims the state is effectively protecting a monopoly by directing all requests through FAIR Health.
RefMed alleges that:
- Taxpayer-funded data is being resold to the public
- Access is being limited through licensing restrictions and fees
- FAIR Health is controlling how the data can be used after purchase
The company is asking the court to order the release of the records in full and without redactions.
What Happens Next
As of now:
- Neither FAIR Health nor the state has formally responded in court
- No hearing date has been scheduled
The outcome of the case could have broader implications for public access to healthcare pricing data and transparency laws nationwide.