John Laliberte v. Department of Public Health (SPR 20222517)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 28, 2022 SPR22/2517 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 John C. La Liberte, Esq., of Pioneer Institute, 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 December 21, 2021, Attorney La Liberte requested numerous “records concerning the development and adoption of that standard thereafter, the (‘Current DPH Standard’) [and] [a]ll records of or concerning communications to eldercare facilities and or to representatives of eldercare industry groups or lobbyists about reporting COVID19 death information.” Attorney La Liberte further requested on December 21, 2021, numerous records regarding, “…Aggregative Report’s count of total deaths in fact includes as required ... the NHSN Criteria resident deaths in the facility and in other locations, such as an acute care facility in which the resident with COVID] 19 was transferred to receive treatment …” The Department responded on March 24, 2022, April 7, 2022, June 3, 2022, July 13, 2022, July 29, 2022, August 23, 2022 and October 7, 2022. Unsatisfied with the responses Attorney La Liberte petitioned this office and this appeal, SPR22/2517, 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 La Liberte. Accordingly, the Department is ordered to provide Attorney La Liberte with said response in a manner consistent with the Public Records Law and its 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 La Liberte may appeal the substantive nature of Department’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

Helen Rush-Lloyd SPR22/2517 Page 2 November 28, 2022 Sincerely, Manza Arthur Supervisor of Records cc: John C. La Liberte, Esq.