The Commonwealth Court agreed with the Office of Open Records ruling in our first Right to Know request that the rates DPW pays MCOs are in fact public records and do not fall under any protections related to trade secret exemptions. The Court then reversed the Office of Open Records original decision regarding the rates paid from MCOs to subcontractors, noting that these rates do in fact fall under the trade secret exemptions and do not need to be disclosed under the Right to Know law.
Regarding the second request, the Commonwealth Court reversed the Office of Open Records decision by ruling that the rates paid from subcontractors to dental providers are not in the possession of the Department of Public Welfare, the public agency subject to the Right to Know law, and therefore do not fall under the open records law.