Lawrence W. Vernaglia v. Executive Office of Health and Human Services - MassHealth Privacy Office (SPR 20212440)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 6, 2021 SPR21/2440 Shara Bedard Records Access Officer Executive Office of Health and Human Services One Ashburton Place, 11th Floor Boston, MA 02108 Dear Shara Bedard: I have received the petition of Attorney Lawrence W. Vernaglia, on behalf of Health Law Advocates (HLA), appealing the response of the Executive Office of Health and Human Services (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 20, 2021, HLA requested eight categories of records concerning MassHealth members, and short-term and long-term care (the eighth category was unnumbered in the original request). The Office responded on June 24, 2021, providing records responsive to categories 7 and 8, and indicating that it “has no responsive records” for categories 1–6. Unsatisfied with the Office’s response, Attorney Vernaglia appealed, and this case was opened as a result. In his appeal petition, Attorney Vernaglia provides an “Amended Request,” modified from the original request, “clarifying and further limiting the scope of Request Numbers 1 through 6.” In a phone conversation with this office on October 4, 2021, a representative for the Office stated that the Office is currently reviewing Attorney Vernaglia’s amended request, and intends to provide a supplemental response to the amended request. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. This office encourages both parties to continue communicating in order to resolve any outstanding issues. If issues remain unresolved, Attorney Vernaglia may appeal the substantive nature of the Office’s response within ninety 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

Shara Bedard SPR21/2440 Page 2 October 6, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Lawrence W. Vernaglia, Esq.