Sandi Montour v. University of Massachusetts - Medical School (SPR 20243344)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 27, 2024 SPR24/3344 Andrew F. Newton, J.D. Contracts & Compliance Associate Office of Management University of Massachusetts Chan Medical School 333 South Street Shrewsbury, MA 01545 Dear Attorney Newton: I have received the petition of Sandi Montour appealing the response of the University of Massachusetts Chan Medical School (School) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 26, 2024, Ms. Montour requested: [1] [a]ny and all records related to Gracious Home Health Care… Used as part of the MassAbility (formerly Massachusetts Rehabilitation Commission) credentialing and/or re-credentialing process conducted by UMass Medical… [2] The UMass Medical process to submit a concern about Gracious Home Health Care. The School responded on December 9, 2024. Unsatisfied with the School’s response, Ms. Montour appealed, and this case, SPR24/3344, was opened as a result. Subsequently, the School provided a supplemental response on December 20, 2024. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. 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

Andrew F. Newton, J.D. SPR24/3344 Page 2 December 27, 2024 Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The School’s December 9th and December 20th Responses In its December 9, 2024 response, the School states, “the following records are not being held or maintained by the University. It is my understanding that your request is being managed by MassHealth and that you will receive a response from that agency.” In its December 20, 2024 email to this office, the School states: As stated in the response to the requester, the University of Massachusetts Chan Medical School (“UMass Chan”) is not the agency responsible for the MassAbility records. On November 26, 2024, UMass Chan received Ms. Montour’s request related to Gracious Home Health Care. On that same day, Ms. Montour submitted an identical request to the records access officer at the Executive Office of Health and Human Services (“EHS”). EHS contacted ForHealth Consulting at UMass Chan about the request as ForHealth Consulting assists with the credentialing process. ForHealth Consulting provided documents to EHS in connection with the request made to EHS. EHS responded to Ms. Montour’s request on or about December 12, 2024. Ms. Montour received the requested records and submitted a follow up request to EHS. Accordingly, Ms. Montour received the records from EHS, the correct agency. I also note that MassAbility has its own records access officer and includes the following statement on its website: MassAbility has designated the following employee as the Primary Records Access Officer (RAO) who will assist requesters in fulfilling their requests: Molly Karp, Primary RAO… Current Appeal In her appeal to this office, Ms. Montour states, “UMass Medical manages the credentialing for MassAbility providers. We imagine they would have the requested records, which have not been provided. We have also not heard from MassHealth — and do not know with whom to connect.”

Andrew F. Newton, J.D. SPR24/3344 Page 3 December 27, 2024 Further, responding to the School’s December 20th response, Ms. Montour states, “[w]e submitted requests based on the guidance we received - which included both agencies…. It still does not seem feasible or logical that UMass Medical - who conducts and manages the credentialing and recredentialing for MassAbility providers - doesn’t have any info on Gracious Home Health (a MassAbility provider).” In light of the clarification provided by Ms. Montour in her appeal petition, I find the School must clarify whether it possesses records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). The School must clarify this. Conclusion Accordingly, the School is ordered to provide Ms. Montour with a response to her request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Sandi Montour