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On January 29, 2016, CREW filed open records requests with the Executive Office of the Governor of Florida and the Florida Department of Health, seeking communications from January 1, 2014 to January 29, 2016 regarding the repeal of Rule 64C-4.003, which pertains to the state’s Children’s Medical Services’ standards for diagnosing and treating pediatric heart conditions. The requests seek all communications regarding the rule between officials in the Department of Health and the Governor’s Office and employees of St. Mary’s Medical Center in West Palm Beach, FL and its parent company Tenet Healthcare. The requests also seek communications between the Governor’s Office and DOH that mention the rule or any of the subject matter covered by the rule. The requests follow up on reports that lawmakers repealed Rule 64C-4.003 after receiving large campaign contributions from Tenet Healthcare. In June 2015, CNN reported that a series of infant deaths occurred in St. Mary’s cardiac surgery program which led to nationwide scrutiny of the program. State medical officials determined the hospital did not follow the state’s pediatric heart surgery standards. But, after a barrage of campaign donations to Gov. Scott, Florida repealed the rule requiring those standards.
On January 29, 2016, CREW filed open records requests with the Executive Office of the Governor of Florida and the Florida Department of Health, seeking communications from January 1, 2014 to January 29, 2016 regarding the repeal of Rule 64C-4.003, which pertains to the state’s Children’s Medical Services’ standards for diagnosing and treating pediatric heart conditions. The requests seek all communications regarding the rule between officials in the Department of Health and the Governor’s Office and employees of St. Mary’s Medical Center in West Palm Beach, FL and its parent company Tenet Healthcare. The requests also seek communications between the Governor’s Office and DOH that mention the rule or any of the subject matter covered by the rule. The requests follow up on reports that lawmakers repealed Rule 64C-4.003 after receiving large campaign contributions from Tenet Healthcare. In June 2015, CNN reported that a series of infant deaths occurred in St. Mary’s cardiac surgery program which led to nationwide scrutiny of the program. State medical officials determined the hospital did not follow the state’s pediatric heart surgery standards. But, after a barrage of campaign donations to Gov. Scott, Florida repealed the rule requiring those standards.
On January 29, 2016, CREW filed open records requests with the Executive Office of the Governor of Florida and the Florida Department of Health, seeking communications from January 1, 2014 to January 29, 2016 regarding the repeal of Rule 64C-4.003, which pertains to the state’s Children’s Medical Services’ standards for diagnosing and treating pediatric heart conditions. The requests seek all communications regarding the rule between officials in the Department of Health and the Governor’s Office and employees of St. Mary’s Medical Center in West Palm Beach, FL and its parent company Tenet Healthcare. The requests also seek communications between the Governor’s Office and DOH that mention the rule or any of the subject matter covered by the rule. The requests follow up on reports that lawmakers repealed Rule 64C-4.003 after receiving large campaign contributions from Tenet Healthcare. In June 2015, CNN reported that a series of infant deaths occurred in St. Mary’s cardiac surgery program which led to nationwide scrutiny of the program. State medical officials determined the hospital did not follow the state’s pediatric heart surgery standards. But, after a barrage of campaign donations to Gov. Scott, Florida repealed the rule requiring those standards.
Executive Office of Governor Rick Scott 400 S. Monroe St. Tallahassee, FL 32399 Re: Public Records Act Request To Whom It May Concern: Citizens for Responsibility and Ethics in Washington (CREW) makes this request for records, regardless of format, medium, or physical characteristics, pursuant to the Public Records Act, Chapter 119 of the Florida Statutes. CREW seeks communications records related to the repeal of Rule 64C-4.003, pertaining to the standards for diagnostic and treatment facilities of Childrens Medical Services, a division of the Florida Department of Health, dating from January 1, 2014 to January 29, 2016. Specifically, CREW seeks: 1) All communications regarding Rule 64C-4.003 between any employees of the Executive Office of the Governor, including but not limited to Governor Rick Scott, Chief of Staff Melissa Sellers, Deputy Chief of Staff Kim McDougal and Director of Policy Jeff Woodburn and employees or representatives of St. Marys Medical Center in West Palm Beach, FL or its parent company, Tenet Healthcare. 2) All communications regarding Rule 64C-4.003 between employees of the Executive Office of the Governors Office of Legislative Affairs including all legislative affairs directors and employees or representatives of St. Marys Medical Center in West Palm Beach, FL or its parent company, Tenet Healthcare. 3) All communications records regarding Rule 64C-4.003 between any employees of the Executive Office of the Governor and employees or representatives of any of Tenet Healthcares subsidiaries. 4) All communications by executive office employees that mention the pediatric cardiac surgery standards previously required under Rule 64C-4.003. 5) All communications of executive office employees mentioning cardiac catheterization, fetal diagnosis of heart conditions or pediatric cardiology clinic laboratory.
6) All communications regarding Rule 64C-4.003 between any employees of the
Executive Office of the Governor and officials in the Florida Department of Health including but not limited to Surgeon General Dr. John Armstrong, Department of Health Chief of Staff Jennifer Tschetter and Dr. Celeste Philip, deputy state health officer for Childrens Medical Services. If the Executive Office of the Governor is not the custodian of the requested records, please forward the request to the appropriate department, office, or entity in possession or custody of the records. Please search for responsive records regardless of physical form or characteristics. We seek records of any kind, including electronic records. Fla. Stat. 119.011(12). If it is your position that any portion of the requested records is exempt from disclosure, Chapter 119 requires you to state the basis of the exemption you contend is applicable. Fla. Stat. 119.07(1)(e). CREW further requests you state in writing and with particularity the reasons for any conclusion that a record is exempt or confidential. Fla. Stat. 119.07(1)(f). In the event that some portions of the requested records are properly exempt from disclosure, Chapter 119 requires you to redact those portions and produce the remainder of the requested records. Fla. Stat. 119.07(1)(d). CREW agrees to pay up to $100 for copies of the requested records. If copying fees are expected to exceed this amount, or if you anticipate extensive use of information technology resources or extensive clerical or supervisory assistance as defined in section 119.07(4)(d) will be needed to fulfill this request, please contact me at (202) 408-5565 or email me at arappaport@citizensforethics.org. Please send the requested records to Adam Rappaport, Citizens for Responsibility and Ethics in Washington, 455 Massachusetts Ave., N.W., 6th Floor, Washington, D.C. 20001. CREW requests these records be provided by February 12, 2016. Please contact me if you have any questions about this request or foresee any problems in fully releasing the requested records. We anticipate you will fulfill your obligations under Chapter 119. If it is necessary to file an action to enforce the Public Records Act, the court may award reasonable costs of enforcement, including attorneys fees. Fla. Stat. 119.12.
Sincerely,
Adam Rappaport Senior Counsel Citizens for Responsibility and Ethics In Washington