David S. Kassel v. Executive Office of Health & Human Services (SPR 20240243)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 7, 2024 SPR24/0243 Patricia Scanlan, Esq. Assistant General Counsel Executive Office of Health and Human Services One Ashburton Place, 3rd Floor Boston, MA 02108 Dear Attorney Scanlan: I have received the petition of David Kassel, appealing the nonresponse of the Executive Office of Health and Human Services (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 10, 2024, Mr. Kassel requested the following: [1.] Written directives sent to DDS-funded residential and day program providers relating to line item 1599-6903 in the Fiscal Year 2023 and 2024 state budgets. Specifically, I am requesting directives relating to language in the line item each year stating that any human service provider receiving revenue under that line item must use “not less than 75 percent of received funds for compensation for their direct care, front-line and medical and clinical staff.” [2.] Any documents concerning the impact on wages of the budget language referred to above. If this requested item would produce a large volume of potentially responsive records, I would request that the response be limited to the minimum number of records that your agency finds are sufficient to fully describe or explain the nature and/or scope of the impact on wages as described above. Claiming to not yet have received responsive records, Mr. Kassel petitioned this office and this appeal, SPR24/0243, was opened as a result. Subsequently, I learned that the Office provided Mr. Kassel with a response dated February 5, 2024. Where this appeal was opened as a result of the Office’s lack of a written response, I will now consider this administrative appeal closed. Mr. Kassel may appeal the substantive nature of the Office’s response within ninety (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 Scanlan, Esq. SPR24/0243 Page 2 February 7, 2024 Sincerely, Manza Arthur Supervisor of Records cc: David Kassel