Mapping Mass. Meds: DDS

Caitlin Russell
MuckRock News
requests@muckrock.com<mailto:requests@muckrock.com>

Good morning Ms. Russell:

I am writing in response to your facsimile to the Department of Developmental Services ("DDS") dated September 22, 2016 which was not received by DDS until October 17, 2016. In a follow-up facsimile received by the Department on November 7, 2016 you requested DDS advise you "when [you] can expect to receive a response, or if further clarification is needed."

I responded to your facsimile on October 27, 2016, and due to the large costs involved to respond to your request (estimated to be at-least $3,500.00 in collection costs alone), I asked that you contact me at your earliest convenience so that we could discuss your request and clarify it as needed (see October 27th Response below). Your request to DDS did not include a telephone number where you could be reached. In my October 27th response I advised that DDS may be the custodian of documents potentially responsive to your request that could likely be provided without charge, and I asked that you contact me so that we could confirm that such documents would be responsive.

Please contact me at (617) 624-7717 at your convenience so that we may clarify your request.

Very truly yours,

James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118
(617) 624-7717

Caitlin Russell
MuckRock News
requests@muckrock.com<mailto:requests@muckrock.com>

Good morning Ms. Russell:

I am writing in response to your facsimile to the Department of Developmental Services ("DDS") dated September 22, 2016 which was not received by DDS until October 17, 2016. In a follow-up facsimile received by the Department on November 7, 2016 you requested DDS advise you "when [you] can expect to receive a response, or if further clarification is needed."

I responded to your facsimile on October 27, 2016, and due to the large costs involved to respond to your request (estimated to be at-least $3,500.00 in collection costs alone), I asked that you contact me at your earliest convenience so that we could discuss your request and clarify it as needed (see October 27th Response below). Your request to DDS did not include a telephone number where you could be reached. In my October 27th response I advised that DDS may be the custodian of documents potentially responsive to your request that could likely be provided without charge, and I asked that you contact me so that we could confirm that such documents would be responsive.

Please contact me at (617) 624-7717 at your convenience so that we may clarify your request.

Very truly yours,

James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118
(617) 624-7717

Ms. Caitlin Russell
MuckRock News
requests@muckrock.com

Dear Ms. Russell:

I am writing in response to your October 17, 2016 facsimile to the Department of Developmental Services ("DDS") and in follow-up to our November 14, 2016 telephone conversation. In your facsimile you requested, pursuant to the Massachusetts Public Records Law, M.G.L. c. 66, § 10, copies of:

Request Item 1: All contracts between the Department of Developmental Services and private providers as listed on [the DDS] Provider List . . . including those with residential programs, schools, vocational training facilities, day-habs, etc.; and

Request Item 2: Any records documenting the number of 'medication occurrences' that have occurred at DDS contracted providers' facilities from 1995 to the most recent year for which numbers are available.

DDS Response to Request Item 1:
During our November 14th discussion regarding the high fee that would need to be assessed to you to produce all contracts between DDS and private providers, you narrowed your request to seek only the contracts pertaining to "residential services" that DDS has with private provider agencies. At this time, my best estimate of the cost for the search and collection of responsive documents, excluding additional costs for review and redaction of confidential or exempt information contained therein, is $2,625.00, and includes a charge for approximately 105 hours of staff time in five separate DDS business offices to locate and reproduce responsive documents. The Department would assess a fee of $25.00/hour to cover the cost of production of responsive records to you. An additional charge of $875.00 for an estimated 35 hours of staff time (at $25.00/hour) necessary to review records and redact confidential information would also be assessed.

If you wish for DDS to proceed with responding to your request please send a check or money order payable to the Commonwealth of Massachusetts in the amount of $3,500.00, noting on the check that it concerns a public records request and send it to my attention at the address below. Please note that this amount is a good faith estimate only and may be subject to revision if actual time or production costs vary materially. DDS will notify you of the final actual costs prior to providing the records to you, so costs may be reconciled, if necessary.

As we discussed, information relevant to DDS's payments to private provider agencies is publicly available on the Commonwealth of Massachusetts Comptroller's CTHRU Open Records Platform at: http://www.mass.gov/comptroller/cthru/ and/or the Massachusetts Open Checkbook website at: http://opencheckbook.itd.state.ma.us/analytics/saw.dll?Dashboard.

DDS Response to Request Item 2:
During our November 14th telephone call I advised you that data on statewide medication occurrence reporting for all providers, that includes no confidential information pertaining to DDS clients, was available beginning in 2008 and could be provided to you at no cost and you agreed that this information would be responsive to your request. Attached, please find Medication Occurrence Report ("MOR") Summaries for the years 2008 to September 30, 2016 documenting the number and type of medication occurrences by year. Please note that the total number of medications administered per year by DDS providers under the Medication Administration Program during this period is estimated at between 36.9 million doses in 2008 to 41.9 million doses in 2015, dependent on the number of individuals served and number of medications prescribed in a particular year. In 2015, for example, the number of medication occurrences reported (5,833) represents approximately 0.014% of the total estimated 41.9 million doses of medication administered in that year.

Please do not hesitate to contact me at (617) 624-7717 if you have any questions or require additional information. The staff time necessary to search for and produce documents responsive to your request was less than four hours. Therefore, there is no fee associated with responding to your request. If you wish to challenge this response to your public record request you may appeal to the Supervisor of Public Records following the procedures set forth in 950 CMR 32.08.

Very truly yours,

James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118

Ms. Caitlin Russell
MuckRock News
requests@muckrock.com<mailto:requests@muckrock.com>

Dear Ms. Russell:
I am writing in response to your November 25, 2016 email to the Department of Developmental Services (“DDS”) and in follow-up to our telephone conversation from earlier today. Your November 25th email was sent in follow-up to DDS’s response to your earlier public records request in which medication occurrence summaries for the years 2008 to 2016 were provided to you. In your November 25th email you requested an estimate for the cost to obtain medication occurrence data for the years prior to 2008. DDS understands your email as a request for public records made pursuant to the Massachusetts Public Records Law, M.G.L. c. 66, § 10, and will respond with public records that are responsive to your request and subject to disclosure.

As we discussed, information related to medication occurrences was included as a component of the Department of Developmental Services (formerly known as the Department of Mental Retardation) Quality Assurance Reports produced prior to 2008. These reports cover the years 2001 to 2007 and may be provided to you free of charge. During our discussion you agreed to accept these documents as responsive to your request. I have attached copies of these reports for your review.

I hope this information is helpful to you. Please do not hesitate to contact me at (617) 624-7717 if you have any questions or require additional information. The staff time necessary to search for and produce documents responsive to your request was less than four hours. Therefore, there is no fee associated with responding to your request. If you wish to challenge this response to your public record request you may appeal to the Supervisor of Public Records following the procedures set forth in 950 CMR 32.08.

Very truly yours,

James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118

Ms. Caitlin Russell
MuckRock News
requests@muckrock.com<mailto:requests@muckrock.com<mailto:requests@muckrock.com%3cmailto:requests@muckrock.com>>
Dear Ms. Russell:

I am writing in response to your December 2, 2016 email to the Department of Developmental Services (“DDS”) and in follow-up to my voicemail message to you from earlier today. In your December 2nd email you inquired whether there are: “full quality assurance reports for 2008-2016? If so, can I have copies of them?”. DDS understands your email as a request for public records made pursuant to the Massachusetts Public Records Law, M.G.L. c. 66, § 10, and will respond with public records that are responsive to your request and subject to disclosure.

There are no Quality Assurance Reports for the years requested. Therefore, there are no public records responsive to your request. As referenced in my voicemail message, additional Quality Assurance documents, Improvement Activities, and Reports, including DDS’s Quality Assurance Briefs, are available free of charge on the DDS website at: http://www.mass.gov/eohhs/consumer/disability-services/services-by-type/intellectual-disability/newsroom/quality-assurance/.

I hope this information is helpful to you. Please do not hesitate to contact me at (617) 624-7717 if you have any questions or require additional information. If you wish to challenge this response to your public record request you may appeal to the Supervisor of Public Records following the procedures set forth in 950 CMR 32.08.

Very truly yours,
James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118

Ms. Caitlin Russell
MuckRock News
requests@muckrock.com<mailto:requests@muckrock.com>

requests@muckrock.com<mailto:requests@muckrock.com>

Good afternoon Ms. Russell:

I’m writing in response to your email of December 16, 2016 concerning the Public Records Requests (“PRRs”) you submitted to the Department of Developmental Services (“DDS”) and in follow-up to my reply email to you of the same date. In my December 16th email I asked that you contact me as soon as possible as I believe DDS has responded to the PRRs you have submitted. To date, I have not heard back from you. If I do not hear back from you within the next 10 days I will report your PRRs as responded to, as further described below, and will mark them as closed.

The subject line of your December 16th email was: “Public Records Law Request: DDS Contracts with D&S”. In your December 16th email you requested DDS “let [you] know when [you could] expect to receive a response, or if further clarification [was] needed.” DDS responded to this PRR on November 3, 2016 and enclosed a copy of the contract and contract amendments between DDS and D&S Diversified Technologies for administration and management of the Medication Administration Program (“MAP”) Certification and Recertification. These materials were provided to you free of charge.

The subject line of the other PRR you submitted to DDS was: “Public Records Law Request: Mapping Mass. Meds: DDS” in which you requested information on medication occurrences at DDS contract provider facilities. In this PRR you additionally requested copies of all contracts between DDS and its contracted providers; a request which was subsequently limited to residential contracts following our November 14th telephone discussion. DDS responded to this PRR on November 23, 2016 and enclosed medication occurrence summary reports for the years 2008 through 2016. DDS responded to a follow-up request from you related to medication occurrences on December 1, 2016 and enclosed copies of the DDS Quality Assurance Reports for the years 2001 through 2007 which included data on medication occurrences. These materials were also provided to you free of charge.

Finally, DDS’s November 23, 2016 letter to you provided a cost estimate of $3,500 for the fee to respond to your request for all residential contracts between DDS and contract providers. The Department directed you to forward payment in this amount if you wished for DDS to proceed with responding to your request. To date, the Department has not received payment from you, nor has DDS received a response to the December 16, 2016 email asking that you contact the Department to discuss your PRRs.

As noted in my December 16th email to you, DDS believes it has responded to the PRRs you have submitted. If I do not hear back from you within the next 10 days I will report your PRRs as responded to, as described above, and will mark them as closed.

Thank you for your attention to this matter. Please do not hesitate to contact me at (617) 624-7717 if you would like to discuss DDS’s response(s) to your PRRs. If you wish to challenge this response to your Public Records Request you may appeal to the Supervisor of Public Records following the procedures set forth in 950 CMR 32.08.

Very truly yours,

James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118

Ms. Caitlin Russell
MuckRock News
requests@muckrock.com<mailto:requests@muckrock.com>

requests@muckrock.com<mailto:requests@muckrock.com>

Good afternoon Ms. Russell:

I’m writing in response to your email of December 16, 2016 concerning the Public Records Requests (“PRRs”) you submitted to the Department of Developmental Services (“DDS”) and in follow-up to my reply email to you of the same date. In my December 16th email I asked that you contact me as soon as possible as I believe DDS has responded to the PRRs you have submitted. To date, I have not heard back from you. If I do not hear back from you within the next 10 days I will report your PRRs as responded to, as further described below, and will mark them as closed.

The subject line of your December 16th email was: “Public Records Law Request: DDS Contracts with D&S”. In your December 16th email you requested DDS “let [you] know when [you could] expect to receive a response, or if further clarification [was] needed.” DDS responded to this PRR on November 3, 2016 and enclosed a copy of the contract and contract amendments between DDS and D&S Diversified Technologies for administration and management of the Medication Administration Program (“MAP”) Certification and Recertification. These materials were provided to you free of charge.

The subject line of the other PRR you submitted to DDS was: “Public Records Law Request: Mapping Mass. Meds: DDS” in which you requested information on medication occurrences at DDS contract provider facilities. In this PRR you additionally requested copies of all contracts between DDS and its contracted providers; a request which was subsequently limited to residential contracts following our November 14th telephone discussion. DDS responded to this PRR on November 23, 2016 and enclosed medication occurrence summary reports for the years 2008 through 2016. DDS responded to a follow-up request from you related to medication occurrences on December 1, 2016 and enclosed copies of the DDS Quality Assurance Reports for the years 2001 through 2007 which included data on medication occurrences. These materials were also provided to you free of charge.

Finally, DDS’s November 23, 2016 letter to you provided a cost estimate of $3,500 for the fee to respond to your request for all residential contracts between DDS and contract providers. The Department directed you to forward payment in this amount if you wished for DDS to proceed with responding to your request. To date, the Department has not received payment from you, nor has DDS received a response to the December 16, 2016 email asking that you contact the Department to discuss your PRRs.

As noted in my December 16th email to you, DDS believes it has responded to the PRRs you have submitted. If I do not hear back from you within the next 10 days I will report your PRRs as responded to, as described above, and will mark them as closed.

Thank you for your attention to this matter. Please do not hesitate to contact me at (617) 624-7717 if you would like to discuss DDS’s response(s) to your PRRs. If you wish to challenge this response to your Public Records Request you may appeal to the Supervisor of Public Records following the procedures set forth in 950 CMR 32.08.

Very truly yours,

James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118

Ms. Caitlin Russell
MuckRock News
requests@muckrock.com<mailto:requests@muckrock.com>

requests@muckrock.com<mailto:requests@muckrock.com>

Good afternoon Ms. Russell:

I’m writing in response to your email of December 16, 2016 concerning the Public Records Requests (“PRRs”) you submitted to the Department of Developmental Services (“DDS”) and in follow-up to my reply email to you of the same date. In my December 16th email I asked that you contact me as soon as possible as I believe DDS has responded to the PRRs you have submitted. To date, I have not heard back from you. If I do not hear back from you within the next 10 days I will report your PRRs as responded to, as further described below, and will mark them as closed.

The subject line of your December 16th email was: “Public Records Law Request: DDS Contracts with D&S”. In your December 16th email you requested DDS “let [you] know when [you could] expect to receive a response, or if further clarification [was] needed.” DDS responded to this PRR on November 3, 2016 and enclosed a copy of the contract and contract amendments between DDS and D&S Diversified Technologies for administration and management of the Medication Administration Program (“MAP”) Certification and Recertification. These materials were provided to you free of charge.

The subject line of the other PRR you submitted to DDS was: “Public Records Law Request: Mapping Mass. Meds: DDS” in which you requested information on medication occurrences at DDS contract provider facilities. In this PRR you additionally requested copies of all contracts between DDS and its contracted providers; a request which was subsequently limited to residential contracts following our November 14th telephone discussion. DDS responded to this PRR on November 23, 2016 and enclosed medication occurrence summary reports for the years 2008 through 2016. DDS responded to a follow-up request from you related to medication occurrences on December 1, 2016 and enclosed copies of the DDS Quality Assurance Reports for the years 2001 through 2007 which included data on medication occurrences. These materials were also provided to you free of charge.

Finally, DDS’s November 23, 2016 letter to you provided a cost estimate of $3,500 for the fee to respond to your request for all residential contracts between DDS and contract providers. The Department directed you to forward payment in this amount if you wished for DDS to proceed with responding to your request. To date, the Department has not received payment from you, nor has DDS received a response to the December 16, 2016 email asking that you contact the Department to discuss your PRRs.

As noted in my December 16th email to you, DDS believes it has responded to the PRRs you have submitted. If I do not hear back from you within the next 10 days I will report your PRRs as responded to, as described above, and will mark them as closed.

Thank you for your attention to this matter. Please do not hesitate to contact me at (617) 624-7717 if you would like to discuss DDS’s response(s) to your PRRs. If you wish to challenge this response to your Public Records Request you may appeal to the Supervisor of Public Records following the procedures set forth in 950 CMR 32.08.

Very truly yours,

James Bergeron, Assistant General Counsel
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118