Docket Sheet

Lawrence Sher and Winston & Strawn, LLP on behalf of Gateway Health Plan, Inc. d/b/a Highmark Wholecare v. Pennsylvania Department of Human Services and Direct Interest Participants

OOR Dkt. No.: AP 2025-0013
Case Status: Partially Denied: Partially Moot

03/19/2025

01/23/2025

Quadri, Tope L.

Commonwealth

The Requests sought various records/documentation concerning the Department's evaluation and decision in a specific Request for Applications ("RFA"). The identity of the Requester or motive for making a request is irrelevant. The Department provided some information on appeal. The Department demonstrated that certain records are exempt under Section 708(b)(26). The Department demonstrated certain records are exempt from access under Section 708(b)(10). Denied in part; dismissed as moot in part.

Clause Exemption Result
708 (b) (10) (i) A record that reflects: (A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency , including predecisional deliberations relating to a budget recommendation, legislative proposal, legislative amendment, contemplated or proposed policy or course of action or any research, memos or other documents used in the predecisional deliberations. (B) The strategy to be used to develop or achieve the successful adoption of a budget, legislative proposal or regulation. (ii) Subparagraph (i)(A) shall apply to agencies subject to 65 Pa.C.S. Ch. 7 (relating to open meetings) in a manner consistent with 65 Pa.C.S. Ch. 7. A record which is not otherwise exempt from access under this act and which is presented to a quorum for deliberation in accordance with 65 Pa.C.S. Ch. 7 shall be a public record. (iii) This paragraph shall not apply to a written or Internet application or other document that has been submitted to request Commonwealth funds. (iv) This paragraph shall not apply to the results of public opinion surveys, polls, focus groups, marketing research or similar effort designed to measure public opinion. Denied
708 (b) (26) A proposal 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. ยง 513 (relating to competitive sealed proposals). Denied
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Dismissed as moot Dismissed as moot Dismissed
2025-0078 Lawrence Sher and Winston & Strawn, LLP on behalf of Gateway Health Plan, Inc. d/b/a Highmark Wholecare v. Pennsylvania Department of Human Services
Docket Entries
Filed Description Step Court Document
03/14/2025 OOR Final Determination Final Determination
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