Joseph Smith v. Executive Office of Health and Human Services - MassHealth Privacy Office (SPR 20211284)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 1, 2021 SPR21/1284 Patricia M. Scanlan, Esq. Assistant General Counsel/RAO Executive Office of Health and Human Services One Ashburton Place, 11th Floor Boston, MA 02108 Dear Attorney Scanlan: I have received the petition of Joseph Smith appealing the response of the Executive Office of Health and Human Services (EOHHS) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 22, 2021, Mr. Smith asserted that through a “PRR with DESE I have become aware that Secretary Sudders was directly involved in the discussion and decision to remove all capacity limitations and physical distancing requirements for elementary students on school buses in February.” Mr. Smith requested “any public records that [the] department holds related to discussions about the proposing of this change, along through the process considering it, and the process finalizing it.” Previous appeal This request was the subject of a previous appeal. See SPR21/1155 Determination of the Supervisor of Records (May 17, 2021). SPR21/1155 was closed after this office was notified that EOHHS intended to provide a response to Mr. Smith, which EOHHS did on May 21, 2021. Unsatisfied with EOHHS’s May 21st response, Mr. Smith petitioned this office and this appeal, SPR21/1284, was opened as a result. Subsequent to the opening of this appeal, EOHHS provided a supplemental response on May 27, 2021. In light of this supplemental response, I will consider this administrative appeal closed. If issues remain unresolved, Mr. Smith may appeal the substantive nature of EOHHS’s response within 90 days. See 950 C.M.R. 32.08(1). 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

Patricia M. Scanlan, Esq. SPR21/1284 Page 2 June 1, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph Smith Shara Bedard