Date:
02/21/2019
Subject:
Courtney French/Iowa Department of Human Services - Informal Resolution Report and Order
Opinion:
Before the Iowa Public Information Board
|
In re the Matter of: Courtney French, Complainant And Concerning: Iowa Department of Human Services, Respondent |
Case Number: 18FC:0036 Informal Resolution Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and requests that the IPIB approve and adopt the attached informal resolution.
On May 16, 2018, Courtney French filed a formal complaint against the Iowa Department of Human Services (DHS) alleging a violation of Iowa Code chapter 22. She alleged that DHS refused to release a public record requested by Jason Clayworth, a reporter for the Des Moines Register.
As part of the complaint, Ms. French included correspondence between Mr. Clayworth and DHS. Mr. Clayworth submitted his request to DHS on January 18, 2018, requesting a copy of a settlement document between a person receiving DHS services through a contracted private provider (Amerigroup) and the State of Iowa.
DHS responded by email on February 21, 2018, stating: “I think you’re aware that the settlement agreement is confidential.” The parties continued to communicate for the next month. At one point, DHS stated that the agency had no objection to the release of the settlement, but did not possess it.
On March 21, 2018, DHS sent a letter on DHS letterhead to Mr. Clayworth, stating that the reason for the denial of the record request is that “DHS was not a party to the agreement and was not provided with a copy of the settlement.” DHS also stated that it “does not have an obligation to request documents on (Mr. Clayworth’s) behalf.”
DHS also noted that the agreement could contain confidential personal and medical information that might need to be redacted.
Iowa Code section 22.13 directs the release of any settlement agreement reached by a government body and requires the additional release of a brief summary of the settlement. Iowa Code section 22.2(2) states that a government body “shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions.”
Ms. French also provided copies of filings in Polk County District Court case CVCV054850, DeJong v. State of Iowa, et.al., the district court case that was filed concerning the incident that led to the settlement. The State of Iowa, Amerigroup, and four state officials are listed as defendants. That case was dismissed with prejudice by the plaintiff.
The IPIB accepted this formal complaint on June 21, 2018, and directed IPIB staff to work with the parties to reach on informal resolution.
DHS requested that the family whose medical care was at issue be included in the informal resolution discussion. Ms. French agreed to allow this. As a result, the parties were able to draft an informal resolution that was approved by the parties to the complaint, as well as the family and counsel for the family and for Amerigroup. That agreement is attached.
The informal resolution provides for the release of the settlement agreement at issue to DHS within five days of the approval of the resolution by the IPIB. DHS will then provide the agreement to Ms. French within five days.
The parties have agreed to certain redactions to protect the personal and medical information of the family whose medical care was the subject of the settlement agreement.
The terms of this informal resolution require completion within 10 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
Therefore, it is recommended that the IPIB approve the informal resolution, direct the IPIB Chair to sign the informal resolution on behalf of the IPIB, and set this matter for compliance review and possible dismissal at the IPIB meeting on March 21, 2019.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
Dated this ____ day of February, 2019.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2019, to:
Courtney French
Matt Highland, DHS
Paul Burns, legal counsel for Amerigroup
Jennifer De Kock, legal counsel for the De Jongs
The Iowa Public Information Board
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In re the Matter of: Courtney French, Complainant And Concerning: Iowa Department of Human Services, Respondent |
Case Number: 18FC:0036 Informal Resolution Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for acceptance of the informal resolution.
The IPIB finds that the terms of the Informal Resolution are appropriate.
IT IS THEREFORE ORDERED that the informal resolution is approved and that the IPIB chair shall sign the informal resolution. Verification of the completion of the terms is due to the IPIB within 10 days of the signing of the resolution by all parties.
So ordered this 21st day of February, 2019.
__________________________________________
IPIB Chair
Cc: Courtney French
Matt Highland, DHS
Paul Burns
Jennifer De Kock, legal counsel for the De Jongs