The Repository v. Nova Behavioral Health, Inc.

December 28, 2006 The Repository v. Nova Behavioral Health, Inc. The Ohio Supreme Court ruled that a private agency that receives public funding is not necessarily a public agency and therefore not subject to the same open record laws. The court developed a test to determine when a private agency must disclose. The four-part test evaluates: Whether an organization performs a governmental function   The amount of public funding the organization receives   The extent of government oversight   The circumstances behind the agency's creation, in particular whether the entity was created by a government agency and if it was created . . .