The Pennsylvania Commonwealth Court has ordered a review of an inmate's request for liability insurance records from Wellpath, LLC, a healthcare provider contracted by the Department of Corrections. The court's decision, issued on October 27, 2026, affects Alfonso Percy Pew, the inmate who filed the request, and could have implications for transparency in government contracting.

Pew, currently incarcerated at the State Correctional Institution at Phoenix, sought various insurance documents related to Wellpath and its employees. His request was initially denied by the Department of Corrections, leading him to appeal to the Office of Open Records (OOR). The court's ruling emphasizes the importance of access to information regarding government functions, particularly in the context of healthcare services provided to inmates.

Background

Alfonso Percy Pew is an inmate who filed a request for specific documents under Pennsylvania's Right-to-Know Law (RTKL) on May 14, 2025. He sought liability insurance policies for Wellpath, LLC, which provides healthcare services to inmates. Pew's request included detailed information about the insurance policies, including names of owners, business addresses, and copies of the policy contracts.

The Department of Corrections denied Pew's request on May 30, 2025, stating that they did not possess the documents. Pew then appealed to the OOR in June 2025. The Department submitted a statement claiming that Wellpath objected to the disclosure of the documents, asserting that they contained trade secrets and proprietary information. Pew argued that the documents were financial records and should be disclosed under the RTKL.

The Ruling

The Commonwealth Court, led by Judge Christine Fizzano Cannon, vacated the OOR's July 23, 2025, decision and remanded the case for further proceedings. The court emphasized that the OOR did not adequately assess whether the requested insurance policies directly related to Wellpath's governmental function of providing healthcare services to inmates. The court stated, "the absence of any assessment by the OOR as to whether and to what extent the insurance policies Requester seeks have 'a direct bearing on [Wellpath’s] obligations thereunder'" hindered appellate review.

The court also noted that while Wellpath is required to maintain liability insurance under the Medical Care Availability and Reduction of Error (MCARE) Act, the OOR did not consider the contract between the Department and Wellpath, which is essential in determining the relationship between the requested records and the governmental function performed. The court directed Wellpath to supplement the record with relevant contracts for the OOR's review.

Impact

This ruling is significant as it reinforces the principle of transparency in government operations, particularly concerning contracts with private entities. It highlights the need for a thorough examination of the relationship between the requested records and the governmental function being performed. The outcome of this case may set a precedent for future requests for records related to private contractors working with government agencies.

The decision could also affect other inmates and individuals seeking access to information about healthcare providers working within the prison system. If the OOR determines that the requested records are disclosable, it may lead to increased scrutiny of the operations and insurance practices of contractors like Wellpath.

What's Next

The case has been remanded to the OOR for further proceedings. The OOR will need to reassess the request in light of the court's opinion and determine whether the insurance policies are disclosable under the RTKL. There is no indication that this ruling can be appealed further at this time, but the OOR's subsequent decision may lead to additional legal challenges depending on the outcome.