LHC Group complaints

We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.

Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec-6895-p.htm.

Thank you for contacting the Wisconsin Department of Workforce Development.

Mr. Bittle:

This email is in response to your September 17, 2020 request for records of any and all wage and labor complaints submitted to the Department between January 1, 2010, and September 1, 2020, against various entities, including Almost Family, Wisconsin Home Health, and "any other workplaces registered under the name 'LHC Group.'"

Attached please find records of two case files responsive to your request. Please note that this response reflects records received by the Department as of September 22, 2020.

From these labor standards complaint files, the Department has redacted the following information:

Social Security Numbers. Under 42 U.S.C. § 405(c)(2)(C)(viii)(I), social security numbers maintained by any authorized persons pursuant to any provision of law are confidential. Therefore, any such numbers contained within these records have been redacted.

Financial Account Information. Pursuant to Wis. Stat. § 19.36(13), the Department cannot provide access to personally identifiable information that contains an individual's account or customer number with a financial institution, including credit card numbers, debit card numbers, checking account numbers, or draft account numbers. Therefore, any such numbers contained within these records have been redacted.

Personal Addresses, Phone Numbers, Email Addresses, Etc. The Department has made reasonable efforts to redact all home addresses, personal telephone numbers, personal email addresses, personal identification numbers, and dates of birth pursuant to the common law balancing test. The public interest in protecting personally identifiable information that could lead to identity theft, intrusions on personal safety, and other unwarranted invasions of privacy outweighs the public interest in access to that information. See Wis. Stat. §§ 19.36(10)(a), (13); cf. 42 U.S.C. § 405(c)(2)(C)(viii)(I); 5 U.S.C. § 552a; 18 § U.S.C. 2721.

Unemployment Insurance Records. One case file included copies of unemployment insurance records. Unemployment insurance records are confidential and not open for public inspection or disclosure under federal and state unemployment insurance laws. See 20 CFR §§ 603.4, 603.5; Wis. Stat. § 108.14(7)(a); and Wis. Admin. Code § DWD 149.02. Therefore, when included, the Department redacted unemployment insurance records in full.

Client Names. One case file included references to the name of the client the complainant was performing services for. Given that that the name of the client is not relevant to the allegations raised in the complaints itself and considering the privacy protections for records containing health information under the Health Insurance Portability and Accountability Act of 1996 and Wis. Stat. § 146.82, the Department redacted the name of the client under the common law balancing test. The Department determined that protecting the privacy of the individual who was receiving these services outweighed the public interest in the disclosure of that information. Please note that the client name redactions in the Winerslage v. American Family case file are original.

If you believe your request for records has been improperly denied, you may have a right to have the determination reviewed by mandamus order under Wis. Stat. § 19.37(1)(a) or by application to the attorney general or district attorney, pursuant to Wis. Stat. § 19.37(1)(b).

Sincerely,

Samantha Ahrendt
Staff Counsel
Department of Workforce Development
201 East Washington Avenue
P.O. Box 7946
Madison, WI 53707

CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

Email 2 of 3.

Samantha Ahrendt
Staff Counsel
Department of Workforce Development
201 East Washington Avenue
P.O. Box 7946
Madison, WI 53707

CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

Email 3 of 3.

Samantha Ahrendt
Staff Counsel
Department of Workforce Development
201 East Washington Avenue
P.O. Box 7946
Madison, WI 53707

CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.