Maria St. Catherine McConnell v. Department of Public Health (SPR 20181199)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords August 17, 2018 SPRlS/1199 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108-4619 Dear Ms. Rush-Lloyd: I have received the petition Maria St. Catherine McConnell appealing the response of the Department of Public Health (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. McConnell requested information regarding the oversight of the Chelsea Soldiers Home Domiciliary, including inspection or enforcement of the state sanitary code. On June 27, 2018, the Department provided Ms. McConnell with a response explaining that the Department and local boards of health do not inspect or enforce the state sanitary code upon residences which are overseen by another state or federal agency. In her June response the Department's General Counsel Margret Cooke stated, "[i]n the case of the Chelsea Soldiers Home Domiciliary, staff at the state Department of Veterans Services have confirmed that the federal Department of Veterans Affairs requires the Domiciliary to comply with the federal Department of Veterans Affairs regulations, including sanitary regulations, and regularly conducts surveys of the Massachusetts Soldiers Home in Chelsea. The pertinent law is 3 8 USC 8134, and federal regulation, 3 8 CPR 51.20, sets out the requirements for the physical environment. Regarding notice of patient rights, under Massachusetts Law the Domiciliary is also not subject to the requirements of G. L. c. 111, § 70E. The federal regulations address residents' rights." In closing her letter, Attorney Cooke suggested that Ms. McConnell contact the Department of Veterans Affairs or the state Department of Veterans Services. Upon receipt of the Department's June 2?1h response, Ms. McConnell wrote Attorney Cooke requesting a copy of the relevant pages from the legal sources, specifically: the DPH's regulations cited, the opinion of the Massachusetts Attorney General cited, and the Massachusetts Law cited. On July 13t\ the Department provided Ms. McConnell with the website links to allow her to read and print the legal references cited in the Department's June 2ih response. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Helen Rush-Lloyd SPR18/1199 Page2 August 17, 2018 As a result of the Department's June 27 and July 13th responses, Ms. McConnell petitioned the Supervisor of Records (Supervisor) and this appeal was opened. Ms. McConnell should be advised, under the Public Records Law, the Department is not required to create records in response to a public records request. In addition, the Department is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Conclusion Accordingly, given that the Department has no duty to perform legal research in response to a request for public records, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Maria St. Catherine McConnell