Date:
02/15/2018
Subject:
Jason Clayworth/Iowa Department of Human Services - Informal Resolution
Opinion:
INFORMAL RESOLUTION
17FC:0060
Jason Clayworth and the Iowa Department of Human Services
Jason Clayworth filed formal complaint 17FC:0060 with the Iowa Public Information Board (IPIB) on August 23, 2017, alleging that the Department of Human Services (DHS) violated Iowa Code chapter 22 by failing to release certain records in a timely manner.
On May 15, 2017, Mr. Clayworth requested that DHS provide him with βa copy of each actuarial report submitted to DHS concerning cost and rates (both past, current, and future) of Iowaβs Medicaid system between April 24, 2017 and May 15, 2017.β
In addition, he also requested βcopies of all written communications DHS had about those reports.β
The requested records were not released until October 31, 2017, over five months after the original record request. Parties disputed the amount of communication that occurred during this delay. Mr. Clayworth requested that the IPIB accept his complaint and impose statutory damages in the amount of $2500.00 against DHS.
The issue before the IPIB is whether the delay between the record request on May 15, 2017, to the release on October 31, 2017, is unreasonable and a violation of Iowa Code chapter 22.
The IPIB accepted the complaint on January 18, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
1. DHS acknowledges that the delay in the record release was not appropriate and exceeded the statutory requirements of Chapter 22 and IPIB guidelines.
2. DHS has reviewed and revised its internal policies and procedures for responding to requests for public records. These revisions include:
A.The agency goal is for release of public records within 10 business days. If a request cannot be fulfilled within that time period, the requesting party will be notified of the delay and the reason for such.
B. All requests for public records will be coordinated within a central point of contact. Initial requests will be logged, assigned, and monitored through this centralized point of contact.
C. DHS will release records as available, even if a portion of the request is still under review or being collected.
3. The IPIB will publish information on the IPIB website concerning timeliness of responses to record requests.
4. Jason Clayworth agrees that this formal complaint will be dismissed as resolved.
The terms of this informal resolution will be completed within 30 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
THIS INFORMAL RESOLUTION HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING:
__________________________ _____________
Jason Clayworth Date
__________________________ _____________
Iowa Department of Human Services Date
IPIB:
__________________________ _____________
Chair Date