South Carolina PDMP Information Request

Sarah Seymour filed this request with the Department of Health and Environmental Control of South Carolina.
Tracking #

818553

Est. Completion None
Status
Payment Required

Communications

From: Sarah Seymour

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 South Carolina Prescription Monitoring Program (SC PMP). 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 South Carolina Department of Health and Environmental Control is using the SC PMP and how it impacts public health and civil liberties in South Carolina, Northeastern University’s Health in Justice Action Lab is making this request under the South Carolina Freedom of Information Act, §30-4-10 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 South Carolina Department of Health and Environmental Control and any outside entity regarding the SC PMP.

3. Any and all records including information about the algorithm that determines risk scores in the SC PMP, including but not limited to its source code, developer documentation, and operator manuals (e.g. NarxScores, Overdose Risk Scores);

4. Any and all research, technical reports, or internal audits that define and/or evaluate the SC PMP 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 document containing a full list of the data fields in the SC PMP;

7. 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;

8. Any record showing the number of patients in the SC PMP by quarter and year (2006-present);

9. Any record showing the number of prescribers and pharmacists in the SC PMP by quarter and year (2006-present);

10. Any and all records containing the South Carolina Department of Health and Environmental Control analysis of whether and/or how the SC PMP has impacted public health in South Carolina (e.g. decrease or increase in overdose rates, “doctor shopping,” prescribing volume, etc.) over time;

11. Any and all records 2006-present of notification to law enforcement about information in the SC PMP Medical Review Group or other channels, including but not limited to how many times law enforcement agencies have been notified about information in the SC PMP, and which agencies have been notified;

12. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of the South Carolina Department of Health and Environmental Control, including law enforcement, may obtain access to information in the SC PMP, including but not limited to the rules, regulations, and procedures of the Medical Review Group;
13. The legal authorization for sharing SC PMP information with the law enforcement entities; and

14. Any and all records showing how often law enforcement entities or individuals have requested information or records from the SC PMP, 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. Only requesting numbers of not individual request forms.

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. As you know, a custodian of public records shall comply with a request within 15 days after receipt.

Thank you for your assistance. We look forward to your response.

Sincerely,
Sarah Seymour

From:

Re: Freedom of Information Request #818553
Information regarding Appriss's System Dear Ms. Seymour: Your request for the above referenced information has been received by the Freedom of Information Center. The Freedom of Information staff are currently researching and compiling this information. You will be notified by our office when the research process is complete. DHEC will make the requested information available for review and copying to the extent it is not protected from disclosure pursuant to section 30-4-30 of the Freedom of Information Act.
If we are unable to locate files on a facility, based on the information submitted, you will be notified by mail.
Further inquiries regarding your request should include your above mentioned Freedom of Information Request Number. We can be reached at (803) 898 - 3882. Sincerely,
Jennifer Barrier
Freedom of Information Office

From: Department of Health and Environmental Control

Good morning,

We have located information on your request for SC PMP information. We can download the information and deliver to you for around $71. Please let me know if you approve this copy estimate.

Kindest Regards,

Kristen Keller, Assistant Director
Freedom of Information Office
S.C. Dept. of Health & Environmental Control
Office: (803)898-3796

Fax: (803)898-3816
Connect: www.scdhec.gov<http://www.scdhec.gov/> Facebook<https://www.facebook.com/SCDHEC> Twitter<https://twitter.com/scdhec>

[http://www.scdhec.gov/images/logo_email.jpg]

PRIVACY NOTICE: The information contained in this message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the individual or entity to whom it is addressed. Access to this information by any other individual is unauthorized and may be unlawful. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete the information without retaining any copies. Thank you.

From: Sarah Seymour

Hi Kristen,

Thank you getting back. Does the estimate cover all requested documents. If not, which documents does it cover?

Best,

Sarah Seymour

From: Department of Health and Environmental Control

Good Afternoon,
It will cover all the documents that we have.

Kindest regards,

Kristen Keller, Assistant Director
Freedom of Information Office
S.C. Dept. of Health & Environmental Control
Office: (803)898-3796

Fax: (803)898-3816
Connect: www.scdhec.gov<http://www.scdhec.gov/> Facebook<https://www.facebook.com/SCDHEC> Twitter<https://twitter.com/scdhec>

[http://www.scdhec.gov/images/logo_email.jpg]

PRIVACY NOTICE: The information contained in this message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the individual or entity to whom it is addressed. Access to this information by any other individual is unauthorized and may be unlawful. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete the information without retaining any copies. Thank you.

From: Sarah Seymour

Hi Kristen,

Are you able to provide us with a summary of what documents your department does have?

Thank you,

Sarah Seymour

From: Department of Health and Environmental Control

Good Afternoon,
I have emailed staff and will let you know as soon as I have a response.

Kindest regards,

Kristen Keller, Assistant Director
Freedom of Information Office
S.C. Dept. of Health & Environmental Control
Office: (803)898-3796

Fax: (803)898-3816
Connect: www.scdhec.gov<http://www.scdhec.gov/> Facebook<https://www.facebook.com/SCDHEC> Twitter<https://twitter.com/scdhec>

[http://www.scdhec.gov/images/logo_email.jpg]

PRIVACY NOTICE: The information contained in this message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the individual or entity to whom it is addressed. Access to this information by any other individual is unauthorized and may be unlawful. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete the information without retaining any copies. Thank you.

From: Department of Health and Environmental Control

Good Morning,
Below is the list of everything that we can provide. Please let me know if you would like to continue with the cost estimate given.

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 South Carolina Department of Health and Environmental Control and any outside entity regarding the SC PMP.

3. Any and all records including information about the algorithm that determines risk scores in the SC PMP, including but not limited to its source code, developer documentation, and operator manuals (e.g. NarxScores, Overdose Risk Scores);

6. Any document containing a full list of the data fields in the SC PMP;

10. Any and all records containing the South Carolina Department of Health and Environmental Control analysis of whether and/or how the SC PMP has impacted public health in South Carolina (e.g. decrease or increase in overdose rates, “doctor shopping,” prescribing volume, etc.) over time;

11. Any and all records 2006-present of notification to law enforcement about information in the SC PMP Medical Review Group or other channels, including but not limited to how many times law enforcement agencies have been notified about information in the SC PMP, and which agencies have been notified;

13. The legal authorization for sharing SC PMP information with the law enforcement entities; and

Happy New Year!

Kindest regards,

Kristen Keller, Assistant Director
Freedom of Information Office
S.C. Dept. of Health & Environmental Control
Office: (803)898-3796

Fax: (803)898-3816
Connect: www.scdhec.gov<http://www.scdhec.gov/> Facebook<https://www.facebook.com/SCDHEC> Twitter<https://twitter.com/scdhec>

[http://www.scdhec.gov/images/logo_email.jpg]

PRIVACY NOTICE: The information contained in this message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the individual or entity to whom it is addressed. Access to this information by any other individual is unauthorized and may be unlawful. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete the information without retaining any copies. Thank you.

From: Department of Health and Environmental Control

Good Afternoon,
Please let me know if you approve the $71.00 charge for the below discussed information. We now ask for payment up front and will send you a invoice if approval is granted. If we do not hear back from you by January 13, 2020 we will consider information no longer needed and close out your request.

Please respond to Karla Bishop with any questions or concerns.

Kindest regards,

Kristen Keller, Assistant Director
Freedom of Information Office
S.C. Dept. of Health & Environmental Control
Office: (803)898-3796

Fax: (803)898-3816
Connect: www.scdhec.gov<http://www.scdhec.gov/> Facebook<https://www.facebook.com/SCDHEC> Twitter<https://twitter.com/scdhec>

[http://www.scdhec.gov/images/logo_email.jpg]

PRIVACY NOTICE: The information contained in this message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the individual or entity to whom it is addressed. Access to this information by any other individual is unauthorized and may be unlawful. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete the information without retaining any copies. Thank you.

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