Edmund D. Chance, Jr. v. Wellpath - Inmate Healthcare (SPR 20232968)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2023 SPR23/2968 Lisa Black Sholudko RN, BSN Wellpath Grievance and Appeal Administrator Wellpath Regional Office 16 Chestnut Street Foxborough, MA 02035 Dear Ms. Sholudko: I have received the petition of Edmund D. Chance appealing the nonresponse of Wellpath to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 16, 2023, Mr. Chance requested “the official employee title occupation and names of each Wellpath employee at Souza-Baranowski correctional center with the Department of Correction agency.” Having received no response, Mr. Chance appealed, and this case was opened as a result. Subsequent to the opening of this appeal, I learned that Wellpath had not previously received Mr. Chance’s November 16th request. Wellpath provided a written response to Mr. Chance and this office on December 12, 2023, indicating that Wellpath is not subject to the Public Records Law. 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 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). 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

Lisa Black Sholudko RN, BSN SPR23/2968 Page 2 December 22, 2023 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. In a letter to Mr. Chance and this office on December 12, 2023, Wellpath provides the following information: The requested staff information is not considered a public record as defined by M.G.L. c. 4, sec. 7. Additionally, Wellpath staff details do not fall within the meaning of the definition above. Wellpath 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.” This interpretation of the law has been confirmed by the Supreme Judicial Court of Massachusetts. Harvard Crimson, Inc. v. President and Fellows Of Harvard College, 445 Mass. 745, 751, 840 N.E.2d 518, 523 (2006) (“The public records law, and its implementing regulations, are applicable to documents held by public entities, not private ones.”) Accordingly, Wellpath declines to provide [Mr. Chance] with access to or copies of those records. Based on the information provided in Wellpath’s response, I find that Wellpath 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, Manza Arthur Supervisor of Records cc: Edmund D. Chance