Ramona Lane v. Executive Office of Health & Human Services (SPR 20200319)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 4, 2020 SPR20/0319 Patricia M. Scanlan Executive Office of Health and Human Services One Ashburton Place Room #1109 Boston, MA 02108 Dear Ms. Scanlan: I have received the petition of Ramona Lane appealing the response of the Executive Office of Health and Human Services (EOHHS) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on two separate occasions, December 16, 2019 and December 20, 2019, Ms. Lane requested the following records from EOHHS: • My payment remittance forms for the entire month of April 2019 • All personal records involving audits, overpayments and recoupments since 2015. Previous Determination This request is the subject of a previous determination. See SPR20/0100 Determination of the Supervisor of Records (February 3, 2020). In my February 3rd determination, EOHHS was to provide a supplemental response to Ms. Lane. On February 14, 2020, EOHHS provided a supplemental response. Unsatisfied with the February 14th supplemental response, Ms. Lane petitioned this office and this appeal, SPR20/0319, was opened as a result. EOHHS's January 1111 Response In its January 17th response, EOHHS provided Ms. Lane and this office with a response and production of unredacted records with respect to SPR20/0100. Additionally, EOHHS provided on January 24th to Ms. Lane and this office both a supplemental response and production of redacted records. EOHHS claims that "the unredacted records were released in error and included private and medical information." With respect to the unredacted records in its January 24th letter, EOHHS advised that the unredacted records were sent in error and enclosed the redacted records. Ms. Lane was instructed to return to EOHHS the unredacted 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

Ms. Patricia M. Scanlan SPR20/0319 Page 2 March 4, 2020 records or destroy those records. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA (d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. V. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Current Appeal Subsequent to the intervention by a staff member of the Public Records Division, I learned that the EOHHS provided a second supplemental response in regards to Ms. Lane's request on March 3, 2020. Additionally, a representative from EOHHS states they provided Ms. Lane on February 20th with "a copy of the unredacted records outside of the EOHHS's public records process." Whereas the basis of this appeal was opened as a result of the February 14, 2020 response provided by the EOHHS in response to Ms. Lane's request, I will now consider this administrative appeal closed. Ms. Lane may appeal the substantive nature of the EOHHS's March 3rd response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~u~ Supervisor of Records cc: Ms. Ramona Lane