Department of Health v. Office of Open Records
Commonwealth Court of Pennsylvania
No. 1097 C.D. 2009
September 9, 2010
The Commonwealth Court ruled that notes, witness statements, and other materials related to Department of Health nursing home licensing inspections are exempt from disclosure under the Right to Know Law’s noncriminal investigation exemption.
Background
HRC-ManorCare, a nursing and rehabilitation center, submitted a RTKL request to the Department of Health seeking documents relating to surveys and inspections—notes, witness statements, and other materials — the department conducted on one of its nursing homes.
The department denied the request, claiming that the records were exempt because they related to a noncriminal investigation.
HRC-ManorCare appealed to the Office of Open Records, which granted access to the records. The department appealed to the Commonwealth Court.
Commonwealth Court Decision
The Commonwealth Court defined the scope of the RTKL’s noncriminal investigation exception by explaining that an investigation is “a systematic and searching inquiry, a detailed examination, an official probe.”
An investigation does not require a triggering event, like the filing of a complaint, and can include regularly conducted inspections and surveys. The court held that the noncriminal exemption covers any investigation that is not criminal in nature.
The court then reviewed the activities involved in the department’s inspections and surveys, which include visiting and inspecting the building, grounds, equipment, and supplies; reviewing records; and interviewing patients and staff.
Based on these activities, the court ruled that the surveys and inspections are noncriminal investigations and ruled that the records were protected by the exception.
Finally, the court ruled that the department did not have to disclose any documents in response to HRC-ManorCare’s request, even if those documents could be redacted to take out exempt information
As the court explained, the noncriminal investigation exception covers “investigative materials, notes, correspondence, and reports,” and thus all of the requested records were entirely exempt from disclosure.
September 9, 2010 — Commonwealth Court Opinion — No. 1097 C.D. 2009