Jonathan M. Albano v. Department of Public Health (SPR 20221300)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 21, 2022 SPR22/1300 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Jonathan M. Albano, Esq of Morgan, Lewis & Bockius LLP of behalf of the Boston Globe appealing the response of the Department of Public Health (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 5, 2022, Jessica Bartlett of the Boston Globe requested the following records: -All correspondence between members of Department of Public Health staff/Health and Human Services staff and [named person] from Jan. 1, 2021 through present. -All correspondence between members of Department of Public Health staff/Health and Human Services staff and [named person] from Jan. 1, 2021 through present. -All correspondence between members of Department of Public Health staff/Health and Human Services staff and employees of Mass General Brigham (sometimes dba Partners HealthCare) as it relates to the determination of need for: - Mass General Brigham Incorporated [and identified files] from Jan. 1, 2021 through present. -Draft of staff report to the public health council for a determination of need for Mass General Brigham Incorporated - Multisite … Prior Appeal This request was the subject of a previous appeal. See SPR22/1013 Determination of the Supervisor of Records (May 16, 2022). The Department responded on June 3, 2022. Unsatisfied with the response, Attorney Albano petitioned this office and this appeal, SPR22/1300, was opened as a result. Based upon a conversation between a Public Records Division senior attorney and a Department representative, it is my understanding that the Department intends on providing a further response to Attorney Albano. 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 SPR22/1300 Page 2 June 21, 2022 Accordingly, the Department is ordered to provide Attorney Albano with a response to the request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Albano may appeal the substantive nature of Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Jonathan M. Albano, Esq.