New Jersey PMP Data Request

To Whom It May Concern:

Northeastern University’s School of Social Justice and Health Equity is interested in the state’s prescription monitoring program, the New Jersey Prescription Monitoring Program (NJPMP). Specifically, we want to learn more about law enforcement access to the database, the use of an algorithm that produces a risk assessment score to analyze its contents, and the data access and retention rules governing the system. We understand the algorithm was produced by the corporation Appriss Health.

In order to permit the public to understand how the New Jersey Division of Consumer Affairs is using the NJPMP and how it impacts public health and civil liberties in New Jersey, Northeastern University’s Health in Justice Action Lab is making this request under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., for the following records:

1. Any and all records reflecting an agreement for purchase, acquisition, or licensing of, or permission to use, test, or evaluate Appriss’s systems or services, including any product or service offered;
2. Any and all memoranda of understanding between the New Jersey Division of Consumer Affairs and any outside entity regarding the NJPMP.
3. Any and all records including information about the algorithm that determines risk scores in NJPMP, including but not limited to its source code, developer documentation, and operator manuals (e.g. Narx Score, Overdose Risk Score);.
4. Any and all research, technical reports, or internal audits that define and/or evaluate the NJPMP effectiveness or performance;
5. Any and all research, technical reports, or internal audits that evaluate the Appriss risk assessment tool’s effectiveness or performance;
6. Any and all records of de-identified red flag algorithm outputs (e.g. provider red flag, pharmacy red flag, 40 MED red flag) and patient behavioral red flags (e.g., anxious patient demeanor, distance between prescriber and dispenser) with prescriber/dispenser training documentation on how to address the red flags;
7. Any and all records 2006-present of notification to law enforcement about information in the NJPMP Medical Review Group or other channels, including but not limited to how many times law enforcement agencies have been notified about information in the NJPMP, and which agencies have been notified; and
8. Any and all records showing how often law enforcement entities or individuals have requested information or records from the NJPMP, or made electronic queries of the system, including but not limited to what types of information or records have been requested, which agencies have made the requests, the percent of requests that were accepted versus denied, temporal trends, the form of the request (e.g. subpoena, warrant, etc.), and whether the requests were granted or denied.

Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.

Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 7 days as required by the statue.

Sincerely,

Sarah Seymour

Hi,

I just wanted to follow-up on this request. I am aware given the times we're in a response may not be timely but this request was presented in August 2018. Please get back to us with a response at your earliest convenience.

Best,

Sarah Seymour