Michael Williams v. Department of Public Health (SPR 20253355)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 26, 2025 SPR25/3355 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street, Second Floor Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Michael Williams, of The Capitol Forum, appealing the response of the Department of Public Health (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 29, 2025, Mr. Williams requested the following: All inspection reports, complaints, and investigations held by the Massachusetts Department of Health of the following inpatient rehabilitation facilities in Massachusetts: [1] Encompass Health Rehabilitation Hospital of Western Massachusetts… [2] Fairlawn Rehabilitation Hospital… [3] Encompass Health Rehabilitation Hospital of Braintree at Framingham… [4] Encompass Health Rehabilitation Hospital of New England at Lowell… [5] Encompass Health Rehabilitation Hospital of New England… [6] Encompass Health Rehabilitation Hospital of New England at Beverly… [7] Encompass Health Rehabilitation Hospital of Braintree… The period of this request is from January 1 2022 to August 29 2025. The Department responded on August 29, 2025, September 10, 2025, September 23, 2025, October 1, 2025, October 10, 2025, October 24, 2025, and November 12, 2025, assigning the request reference number BHCSQ-2025-552. Unsatisfied with the Department’s responses, Mr. Williams petitioned this office and this appeal, SPR25/3355, was opened as a result. 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 SPR25/3355 Page 2 November 26, 2025 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. Attorney 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 Department’s Responses In its August 29, 2025 response, after an apparent phone call with Mr. Williams, the Department stated, “[y]our public records request has been… forwarded to my colleagues in the Bureau of Health Care Safety & Quality who will prepare the response.” After a second apparent phone call with Mr. Williams, on September 10, 2025, the Department stated, “[m]y colleague… and her team are finishing up the review and redactions of the approximately 300 pages of responsive records to your public records request… [W]e are working to have the response to you Monday, September 22, 2025.” On September 23, 2025, a Department official stated, “…we are going to need additional time to finish. I am in the process of reviewing the redactions in the 300 pages of responsive records. I am hoping that we have this finished by the end of the week.” In its October 1, 2025 response, the Department apologized for the delay and stated, “[y]our request is in the final stages of review and we hope to have it to you as soon as possible.” In its October 10, 2025 response, a Department official stated, “I reached out to my colleagues who are reviewing the responsive records, I haven’t heard anything, yet. I will follow up again on Tuesday if we don’t get something back today.” On October 24, 2025, in response to an update inquiry from Mr. Williams, the Department official stated, “I am checking on this.” 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 SPR25/3355 Page 3 November 26, 2025 In a further response to another update inquiry, the Department official stated on November 12, 2025, “[w]e are following up on your request… [Y]ou are perfectly within your rights to appeal to the Supervisor of Records… for this slow response to your public records request. We will continue to follow up with our colleagues who are reviewing the redactions.” Current Appeal In his appeal petition, Mr. Williams stated, “…the media relations team have been taking an inordinate amount of time to read through the responsive records and redact them. I am requesting that the records be produced as soon as possible, as they are long overdue.” Subsequent to the opening of this appeal, in an email to Mr. Williams and this office on November 13, 2025, the Department acknowledged receipt of the appeal and stated that it was “following up on this.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Williams’ request was submitted on August 29, 2025, and the Department has not provided responsive records, nor cited an exemption for withholding records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Department must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Mr. Williams with a response to the request provided in a manner consistent with this order, the Public Records Law, and its 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 SPR25/3355 Page 4 November 26, 2025 Regulations within ten (10) 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. Mr. Williams may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Michael Williams 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