Silvio, Ronald v. Board of Registration in Medicine (SPR 20261196)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 14, 2026 SPR26/1196 Robert E. Harvey, Esq. Board Counsel Board of Registration in Medicine 178 Albion Street, Suite 330 Wakefield, MA 01880 Dear Attorney Harvey: I have received the petition of Ronald Silvio appealing the response of the Board of Registration in Medicine (Board/BORIM) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 22, 2026, Mr. Silvio requested the following records related to “the Board’s certification, approval, or review of…five (5) professional entities”: For each entity…, I request: [1] The original application or request for professional entity certification submitted to the Board, including any BORIM certificate issued pursuant to c.156C, s.6(c) or approval pursuant to c.156A, s.3; [2] Any representations regarding facility licensure, accreditation, DPH registration, or regulatory compliance; [3] Any facility descriptions, addresses, or practice locations, including any references to [an identified address], and any suite designations (Suite 105, 201, 201A, 207, or any other); [4] The Board’s certification letter, approval document, or other records evidencing compliance; [5] Any subsequent amendments, renewals, updates, or correspondence relating to the entity’s professional status; [6] Any records relating to whether the facility met regulatory requirements for ophthalmological surgery, including compliance with 105 CMR 140.000, 105 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

Robert E. Harvey, Esq. SPR26/1196 Page 2 April 14, 2026 CMR 121.000, and M.G.L. c.111, ss.51-53; [7] Records identifying all physicians listed as members, managers, shareholders, officers, or directors, including names, titles, license numbers, and dates of association; [8] Any records relating to liability insurance requirements pursuant to c.156C, s.65 or c.156A, s.10; [9] Any records reflecting changes in membership, management, or authorized representatives; [10] Any records reflecting the Board’s awareness of, inquiry into, or verification of the physical location and regulatory status of the entity’s practice. The Board provided a response on March 27, 2026. Unsatisfied with the Board’s response, Mr. Silvio petitioned this office and this appeal, SPR26/1196, was opened as a result. 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. See 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 Board’s March 27th Response In its March 27, 2026 response, the Board stated, “[t]he Board does not certify, approve, or register any corporate entity, regardless of form. BORIM does not license any facility, only individual physicians. Entities do not apply for certification to BORIM. In your request, you reference G.L. c. 156C, s.6(c), but applications for certification are not submitted to BORIM.

Robert E. Harvey, Esq. SPR26/1196 Page 3 April 14, 2026 Therefore, there are no responsive documents to your request. The Massachusetts Secretary of State Office’s Corporations Division oversees corporations. You can find information about the Corporations Division here: [website link provided]. The Corporations Division may have the types of documents that you seek. Furthermore, the Corporations Division has a searchable database: [website link provided][.] The Board now considers this request closed.” Current Appeal In his April 2, 2026 appeal, Mr. Silvio stated the following: …I am a pro se plaintiff in Silvio v. Nielsen Eye Center, Inc., et al., Norfolk Superior Court, Docket No. 2582CV00663. The records sought are directly relevant to pending claims under M.G.L. c. 93A, c. 176D, and common law negligence… BORIM’s position that it does not certify any professional entity is irreconcilable with the plain text of the statutes governing professional LLCs and professional corporations in Massachusetts…A blanket denial that sidesteps the Board’s statutory obligations does not satisfy the requirements of M.G.L. c. 66, § 10… Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of dispute in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that civil litigation, relating to the records that are the subject of this request, is active and ongoing in the Norfolk Superior Court. See Ronald Silvio v. Nielsen Eye Center, Inc. et al (Norfolk Superior Court Docket No. 2582CV00663 (May 5, 2026)). In light of the active matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Robert E. Harvey, Esq. SPR26/1196 Page 4 April 14, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Ronald Silvio