MDHHS Contracts - McKinsey & Company, 2019

Dear Mrs. 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 contracts and subcontracts between the consulting firm McKinsey & Company (or any abbreviated or alternative version of the firm's name, including but not limited to McKinsey or McKinsey & Co.) and the Michigan Department of Health and Human Services (MDHHS) between the dates of 1/1/2019 and 03/31/2020.

2. All formal or informal agreements between the consulting firm McKinsey & Company (or any abbreviated or alternative version of the firm's name, including but not limited to McKinsey or McKinsey & Co.) and the Michigan Department of Health and Human Services (MDHHS) between the dates of 1/1/2019 and 03/31/2020.

Emails delivered to me under two previous FOIA requests (MDHHS FOIA request H014602-021922: https://www.muckrock.com/foi/michigan-117/tcf-regional-care-center-emails-20-124958 and MDHHS FOIA request H016452-082322: https://www.muckrock.com/foi/michigan-117/mckinsey-company-covid-19-models-reports-and-emails-2020-132888) show that consultants from the global consulting firm McKinsey & Company were involved in MDHHS's pandemic response and policy-making processes as early as March 27, 2020, when the firm appears to have been tasked with operational oversight and data management. McKinsey consultants continued to communicate with MDHHS and other state officials about pandemic policy throughout the year.

That initial involvement, and the firm's continued communications with state officials throughout 2020, appear to imply that a contract or agreement must have existed between MDHHS and McKinsey, as it seems highly unlikely the global consulting firm would communicate with government officials regarding public policy and the management of public health data in the absence of a formal agreement. However, MDHHS has so far failed to provide me with copies of any contracts between MDHHS and McKinsey during the time McKinsey provided consulting assistance during the COVID-19 pandemic in early 2020 (as shown in emails between MDHHS officials and McKinsey consultants during that time period that were provided to me under earlier FOIA requests).

In light of that, I am hopeful that MDHHS will be able to provide some type of formal or informal agreements and/or contracts that might have existed during the requested time period so that I can better understand the nature of the relationship between MDHHS and McKinsey during the first half of 2020 and before.

Upon delivery of the requested documents, please specifically certify that no other records related to this request exist.

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

Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government during a historic crisis.

Because the requested documents should already be prepared in an easily deliverable format, I assume there will be very little work involved in retrieving them and thus no fees. In the event that there are fees, however, 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 any work on the request.

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

Please deliver all responsive documents to this email address only.

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

Sincerely,

Erin Marie Miller

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Your request has been assigned the following tracking number: H018252-013023. Your request has a legally received date of January 31, 2023. You will receive a response by the Department by February 07, 2023. Unfortunately, we are unable to expedite requests and the time permitted for response by the Department may be extended beyond February 07, 2023 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 # H018252-013023
Dear Mrs. Erin Miller,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on January 31, 2023, 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 February 22, 2023.

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 # H018252-013023.

Dear Mrs. Miller,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on January 31, 2023, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq. Your request is denied.

To the best of the Department’s knowledge, information, and belief, this Department does not possess or maintain records under the description you provided or by other names reasonably known to the Department.

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, Department of Health and Human Services, Suite 207, PO Box 30037, Lansing, MI 48909. The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the denial should be reversed. The Department must respond to your appeal within ten days of receipt. Under unusual circumstances, the time for response to your appeal may be extended by ten business days.

2. File an action in the appropriate court within 180 days after the date of the final determination to 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