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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:
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Whether an organization performs a governmental function
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The amount of public funding the organization receives
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The extent of government oversight
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The circumstances behind the agency's creation, in particular
whether the entity was created by a government agency and if it
was created to avoid the open records law
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