FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Doris E. Gagnon,

 

                        Complainant,

 

            against              Docket #FIC 89-469

 

Norwich Hospital,

 

                        Respondent                  August 8, 1990

 

            The above-captioned matter was heard as a contested case on April 23, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  It is found that by letter dated October 18, 1989, the complainant requested the respondent provide her with:

 

            a.  a tape recording made during a diagnostic interview of the complainant, held before a group of people, on or about April 20, 1971;

 

            b.  a document given to the respondent by the sheriff who brought the complainant from the Niantic Correctional Center to the respondent's facilities on April 15, 1971;

 

            c.  and a record of a telephone call made on or about April 16, 1971, by an attorney hired by the complainant's sister to terminate forced medication of the complainant.

 

            3.  It is found that by letter dated November 3, 1989, the respondent's chief of psychiatric services provided the complainant with copies of a report of her diagnostic interview and progress notes made at the times of her admission and discharge.  He also informed her that the respondent had no tape recording of her diagnostic interview.

 

            4.  It is found that by letter filed December 5, 1989, the complainant appealed to the Commission, alleging the denial of her request.

 

            5.  Accounting for the time for the complainant to have received the respondent's letter in the mail, it is found that

 

Docket #FIC 89-469                           Page Two

 

the complainant appealed to the Commission within 30 days of receiving the alleged denial.

 

            6.  It is concluded, therefore, that the Commission has jurisdiction over this matter.

 

            7.  The respondent claims it has provided the complainant with all the records it has of her diagnostic interview.

 

            8.  It is found that the respondent has no records as described in paragraphs 2a and c, above.

 

            9.  It is found that the record described in paragraph 2b, above, is a document referred to as a "legal commitment" and is located in the respondent's medical file about the complainant.

 

            10.  It is found that this document is a public record as defined by 1-18a(d), G.S.

 

            11.  It is found that the respondent did not provide the complainant with a copy of this legal commitment document.

 

            12.  It is concluded, therefore, that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide the complainant with a copy of the document described in paragraphs 2b and 9, above.

 

            13.  At the hearing on this matter, the complainant requested copies of her daily medical charts and any other records in her medical file.  The respondent agreed to provide her with copies of the entire contents of her medical file.

 

            The following order of the Commission is hereby recommended on the basis of the complete record in the above-captioned complaint:

 

            1.  The respondent forthwith shall provide the complainant with a copy of the record described in paragraphs 2b and 9, above.

 

            2.  The respondent henceforth shall act in strict compliance with 1-15 and 1-19(a), G.S.

 

            3.  The Commission reminds the respondent of its agreement to provide the complainant with copies of the contents of her medical file.

 

Docket #FIC 89-469                           Page Three

 

            4.  Nothing herein shall be construed to indicate a deliberate violation of the Freedom of Information Act by the respondent.

 

Approved by order of the Freedom of Information Commission at its regular meeting of August 8, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-469                           Page Four

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

DORIS E. GAGNON

9 Remington Avenue

Milford, CT 06460

 

NORWICH HOSPITAL

c/o Kenneth A. Graham, Esq.

Assistant Attorney General

P.O. Box 120

Hartford, CT 06101

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission