|Submitted||July 6, 2015|
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To Whom It May Concern:
Pursuant to Pennsylvania Right to Know Act, I hereby request the following records:
Any and all contracts entered into with Corizon Health for services within the jurisdiction of this agency
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The documents being requested are a vital component of an ongoing journalistic investigation of public-private corrections partnerships, a critical element in the current discussion of our criminal justice system. The materials will be made available to the general public free of charge as part of the public information service at MuckRock.com and will by analyzed and contextualized by a representative of the news media/press. This request is made in the process of news gathering and is not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my 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.
Beryl C.D. Lipton
Dear Mr. Lipton,
This email acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on July 6, 2015.
Your request for “Any and all contracts entered into with Corizon Health for services within the jurisdiction of this agency” is granted. Attached at no charge is the contract with Prison Health Service, Inc., which was assumed by Corizon Health in 2011 when the two companies merged together. Please be aware that this contract is no longer in effect and the current health care provider for the Department is Correct Care Solutions, LLC. Also, please note that the contract implicated by your request must be redacted to protect nonpublic and sensitive data. Insofar as redaction constitutes a denial to records, the basis for the denial and instructions for filing exceptions are outlined below in accordance with the law. Confidential information has been redacted from the granted contract for the following reasons:
* The requested records fall within the personal security exemption of the RTKL. 65 P.S. § 67.708(b)(1)(ii). That section exempts from access any record the disclosure of which would be reasonably likely to result in a substantial and demonstrable risk of physical harm to or the personal security of an individual. Id. See also Bargeron v. Department of Labor and Industry, 720 A.2d 500 (Pa. Cmwlth. 1998); Weaver v. Department of Corrections, 702 A.2d 370 (Pa.Cmwlth. 1997).
* The requested records fall within an exemption of the RTKL. Specifically, the RTKL excludes records maintained by an agency in connection with law enforcement or other public safety activity that, if disclosed, would be reasonably likely to jeopardize or threaten public safety or preparedness or a public protection activity. 65 P.S. § 67.708(b)(2). The requested records are records maintained by the Department in connection with its official law enforcement function of supervising the incarceration of inmates. The disclosure of the requested records would threaten public safety and the Department’s public protection activities in maintaining safe and secure correctional institutions by allowing inmates or others to access information that can be used to undermine the Department’s security procedures. Therefore, disclosure of these types of records is excluded under the RTKL. Weaver v. Department of Corrections, 702 A.2d 370 (Pa.Cmwlth. 1997).
· The RTKL exempts personal identification information from disclosure. 65 P.S. § 67.708(b)(6). Personal identification information includes, but is not limited to a person's Social Security number, driver's license number, personal financial information, home, cellular or personal telephone numbers, personal e-mail addresses, employee number or other confidential personal identification number, a spouse's name, marital status, beneficiary or dependent information or the home address of a law enforcement officer or judge. Id. Your request implicates such personal identification information and access is denied.
· The RTKL exempts from disclosure records that constitute or reveal trade secrets or confidential proprietary information. 65 P.S. § 67.708(b)(11). Your request implicates such information and access is denied.
· The RTKL exempts from disclosure: proposals pertaining to agency procurement or disposal of supplies, services or construction prior to the award of the contract or prior to the opening and rejection of all bids; financial information of a bidder or offeror requested in an invitation for bid or request for proposals to demonstrate the bidder's or offeror's economic capability; or the identity of members, notes and other records of agency proposal evaluation committees established under 62 Pa.C.S. § 513 (relating to competitive sealed proposals). 65 P.S. § 67.708(b)(26); Procurement Handbook, Part I, Chapter 50. Your request implicates such information and access is denied.
· The RTKL exempts from disclosure records or information relating to communications between an agency and its insurance carrier, administrative service organization or risk management office. 65 P.S. § 67.708(b)(27). Your request implicates such information and access is denied.
You have a right to appeal this denial of information in writing to the Executive Director, Office of Open Records (OOR), Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, Pennsylvania 17120. If you choose to file an appeal you must do so within 15 business days of the mailing date of this response and send to the OOR:
1) this response; 2) your request; and 3) the reason why you think the agency is wrong in its reasons for saying that the record is not public (a statement that addresses any ground stated by the agency for the denial). If the agency gave several reasons why the record is not public, state which ones you think were wrong.
Also, the OOR has an appeal form available on the OOR website at:
Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
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The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.