Mem’l Hosp.-W. Volusia, Inc. v. News-Journal Corp.

PUBLIC DISCLOSURE – HOSPITAL RECORDS

Mem’l Hosp.-W.
Volusia, Inc. v. News-Journal Corp., No. 5D05-925 (Fla. Dist. Ct. App. Mar.
24, 2006)

The District Court of Appeals of Florida held that a hospital was
no longer subject to public disclosure laws after it was sold by a public entity.
The West Volusia Hospital Authority ("Authority") was a public entity
that originally leased a hospital to Memorial Hospital – West Volusia, Inc.
("Memorial").
During this time, the hospital’s records were subject to public disclosure
laws because Memorial, as a private entity, was performing a delegated function
of the public entity. However, after the Authority sold the hospital (to a
reconstituted corporate entity also named "Memorial"), it was no
longer "acting
on behalf" of the Authority, and was therefore no longer subject to the
public disclosure laws.