Email Communications - Omicron and Breakthrough Cases (MDHHS/State of Michigan)

Dear Ms. Miller,

Thank you for your interest in public records of the Michigan Department of Health and Human Services (hereinafter “Department”).
Records Requested: To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

1. All emails that include the words "Omicron" and/or "B.1.1.529" and/or "GR/484A" and/or "variant" and/or "21K" between the dates of 10/1/2021 and the date this request is ultimately processed that were sent to, from, and/or between MDHHS Director Elizabeth Hertel (HertelE@michigan.gov; or any other known email account belonging to Ms. Hertel) and the following individuals:

- Gretchen Whitmer: WhitmerG1@michigan.gov (or any other known email account belonging to Ms. Whitmer)
- Mark Totten: TottenM1@michigan.gov (or any other known email account belonging to Mr. Totten)
- Dana Nessel: dananessel@gmail.com, miag@michigan.gov (or any other known email account belonging to Ms. Nessel)
- Tricia Foster: FosterT13@michigan.gov (or any other known email account belonging to Ms. Foster)
- Joanna Huls: HulsJ1@michigan.gov (or any other known email account belonging to Ms. Huls)

Please include any attachments to those emails.

None of the keywords cited in this request should be interpreted by your agency as being case sensitive during the search and retrieval process.

When delivering the responsive documents, please also make sure to specifically certify that no other responsive documents exist beyond those provided by your agency as part of this request.

The requested documents and information will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I am willing to pay up to $25 for the requested information. If there is a fee that exceeds that amount, please notify me prior to initiating work on the request.

I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Erin Miller

Upload documents directly: https://www.muckrock.com/
Your request has been assigned the following tracking number: H014014-122221. Your request has a legally received date of December 22, 2021. You will receive a response by the Department by January 04, 2022. Unfortunately, we are unable to expedite requests and the time permitted for response by the Department may be extended beyond January 04, 2022 by ten (10) business days.
In accordance with the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq, the Department provides copies of existing non-exempt records. Records which are exempt from disclosure under state or federal law will not be provided, or records may be redacted to separate exempt information. The FOIA does not require the Department to create new records or answer queries.
You can monitor the progress of your request at the MDHHS Public Records Center and you will receive an email when your request has been completed.
Regards,
Bureau of Legal Affairs,
Michigan Department of Health and Human Services

RE: PUBLIC RECORDS REQUEST , Reference # H014014-122221
Dear Ms. Erin Miller,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on December 22, 2021, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq.

In order to determine what responsive records the Department might have, it is necessary to extend the time for response permitted by MCL 15.235 §5(2)(d) until January 19, 2022.

The Department’s FOIA policies and procedures are available at Policies and Procedures.


Sincerely,

Bureau of Legal Affairs,
Michigan Department of Health and Human Services

RE: Public Records Request, Reference # H014014-122221 Dear Ms. Miller,
This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on December 22, 2021, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq .
Your request is granted as to existing nonexempt records.
The Department is still determining the volume of communications responsive to your request and may invoice you in the coming days if the records responsive to your request are voluminous.
The Department’s FOIA policies and procedures are available at Policies and Procedures.
Sincerely,

Bureau of Legal Affairs

RE: Public Records Request, Reference # H014014-122221

Dear Ms. Miller,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on December 22, 2021, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq.

Your request is partially granted and partially denied. Please login to the FOIA Records Center to access the records.

As to the granted portion, the Department has identified and included the responsive information falling within the scope of your request. To the best of the Department’s knowledge, information, and belief, these are all the records in the possession of the Department falling within the scope of your request.

As to the denied portion, information and records subject to attorney-client privilege are exempt from disclosure per MCL 15.243 §13(1)(g). You will notice these items have been redacted.
As to the denial, the Department is obligated to inform you that under MCL 15.240 §10 the following remedies are available:

1. Appeal this decision in writing to the Legal Affairs Administration for the Department of Health and Human Services, PO Box 30195, Lansing, MI 48909. The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the partial denial should be reversed. The Department must respond to your appeal within ten days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.

2. File an action in the appropriate court within 180 days after the date of the final determination to partially deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages.

The Department’s FOIA policies and procedures are available at Policies and Procedures.

Sincerely,
Bureau of Legal Affairs