Frederick Perry v. Wellpath - Inmate Healthcare (SPR 20202421)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 21, 2020 SPR20/2421 Lori L. Schwartzmiller, Esq. Assisstant General Counsel Wellpath, Inc. 1283 Murfreesboro Road, Suite 500 Nashville, TN 37217 Dear Attorney Schwartzmiller: I have received the petition of Frederick Perry appealing the response of Wellpath to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Perry requested: 1. “The policy and procedure regarding Code 99 Medical Emergencies within a Department of Corrections Facility in place from January 1, 2018 to present. 2. The policy and procedure for follow-up care of an inmate who, as a result of a Code 99 medical emergency, was taken to an outside hospital and later returned to the prison.” Previous Appeal This request has been the subject of a previous appeal. See SPR20/2145 Determination of the Supervisor of Records (November 18, 2020). In my November 18th determination, I found the nature of Wellpath’s relationship with the Department of Correction unclear, and ordered Wellpath to provide additional information on this matter. Wellpath responded on December 3, 2020, providing additional information regarding its relationship with the Department of Correction, and continuing to assert that it is not a public entity subject to the Public Records Law. Unsatisfied with Wellpath’s response, Mr. Perry petitioned this office and this appeal, SPR20/2421, was opened as a result. The Public Records Law The Public Records Law applies to all records ...made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the 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

Lori L. Schwartzmiller SPR20/2421 Page 2 December 21, 2020 commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32… G. L. c. 4 § 7(26). The Public Records Law therefore applies to public entities, and does not apply to private entities who are not engaged in an agency or contractual relationship with a public entity. Public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. - - - Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). Current Appeal In its October 13, 2020 response, Wellpath asserts that it “is a private entity that is not subject to the Massachusetts Public Records Law, and its private records do not fall within the definition of ‘public records.’” Based on Wellpath’s responses, I find that it does not fall within the definition set forth in G. L. c. 4, § 7(26). Accordingly, I will consider this administrative appeal closed. The requestor is advised to direct his request for records to the Massachusetts Department of Correction. Sincerely, Rebecca S. Murray Supervisor of Records cc: Frederick Perry