Autogenerated text from PDF

November 21, 2013
Mr. William Marshall
Judicial Watch, Inc.
425 Third St. S.W., Suite 800
Washington, 20024
Re: RTKL-00710
Dear Mr. Marshall: 11/18/2013, the Pennsylvania Insurance Department (Department) received your
request for information pursuant the Pennsylvania Right-To-Know Law, P.S. 67.101,
seq. (RTKL), wherein you asked for the number group and non-group comprehensive (major
medical) health insurance policies for which the Pennsylvania Insurance Department has received
notice report the carrier canceling non-renewing, intending cancel non.-renew, such
policies, and for which the coverage termination date after June 2013, along with the number
individuals covered such policies the policy termination dates.
Because your request was sent the RTKL mailbox and references the RTKL, are
required treat RTKL request. However, the Office Open Records has repeatedly
noted, under the RTKL, agencies are not required answer questions posed RTKL requests,
but only provide public records. See P.S. 67. 703, DiPerna Churchill Borough, OOR
No. 2009-0112 and Cohen Pennsylvania Department Labor and Industry, OOR No.
2009-0099. your RTKL request seeks answers questions, rather than public records,
denied.
However, outside the RTKL, are providing the answer your question. Insurers
are permitted under federal law (HIPAA Title withdraw product, withdraw from
market. While there requirement notify their plans, the Department asks for
information regarding withdrawals can assure good consumer communications. However,
those plans would exempted from the RTKL under 67.708(b)(11) which states record
that constitutes reveals trade secret confidential proprietary information possible
that some insurers have withdrawn products without informing the Department. not known
how many policies have terminated, cancelled, been discontinued since June
2013. However, while the Department does not have precise numbers from what have seen plans submitted prior the President 11/14/13 announcement, appears that approximately
250,000 Pennsylvanians (total lives, not simply the number policies) are finding their current
coverage scheduled discontinued December 31, 2013.
You have right appeal this denial information writing Terry Mutchler,
Executive Director, Office Open Records (OOR), Commonwealth Keystone Building, 400
North Street, 4th Floor, Harrisburg, Pennsylvania 17120. you choose file appeal you
must within business days the mailing date this response and send the OOR:
Bureau Administration
1326 Strawberry Square Harrisburg, Pennsylvania 17120 Phone: 717.787.4298 Fax: 717.705.3873 www.insurance.pa.gov
this response; your request; and the reason why you think the agency incorrect its
response.
Also, the OOR has appeal form available the OOR website at:
https://www.dced.state.pa.us/public/oor/appealformgeneral.pdf.
Sincerely,
Peter Salvatore
Agency Opens Records Officer
1326 Strawberry Square
Harrisburg, 17120
717.787.4429
Attachment: RTKL request
Bureau Administration
1326 Strawberry Square Harrisburg, Pennsylvania 17120 Phone: 717.787.4298 Fax: 717.705.3873 www.insurance.pa.gov
Jl/17/2013
02:36
2026460190
JUDICIAL WATCH
Judicial
WateS
Recd 11/18/13
RTKL-00710
Due 11/25/13
B(!cartse JlO OfJ
i.< above the (ew!
November 18, 2013
VIA CERTIFIED MAlL AND FACSIMILE
State Pennsylvania
Insurance Department, Chief Counsels Office
Room 1341
Strawberry Square
Harrisburg, Peonsylvania 1720
Rt):Pennsylvania Right-to,Know Law Reqoest
Dear SirlMadalll:
Pursuant the provisions the Right-to-Know Law P.S. 67.101 seq.,
ludicial Watch, Inc. (Judicial Watch) requests from the Pelmsylvania Insurance
Department, within five (5) busi.ness days, access and copy ofrecords related to,
conceming regarding:
.) The n.ulUber group and nOll-group comprehensive (major medical)
health insurance policies for which the Penosylvania Insurance Depattment has
received notice report the carrier canceling non-renewing, intending
cancel non.-renew, such policies, and for which the coverage termination date
after June 2013, along with the number ofin.dividuals covered such policies the policy termination dates. record, defined 1.8. 67.102, is, Infonnation, regardless physical
form characteristics, that documents transaction activity agency and that
created, received retained pursuant law cOltnection with transaction, business activity the agency. The term includes document, paper, letter, map, book, tape,
photograph, film souud recording, information stored maintained electronicall.y and data-processed unage- processed document.
Please prov.ide copies the requested records 425 Third Street, W.,
Suite 800, Washington 20024, within five (5) business days your receipt this
request. P.S. 67.707(!J) Tfthe requested records cannot produced within .five (5)
business days, please notiry writing the reason for the delay and the date
which the requested records will available
425 Third St., SW, Suite 800. Wnshingtoll. 20024 Tel: (202) (4(; 5172 1-888.593 8442
IAX: (202) M6-5199 Email info@JlId ici~IWtch wWIV.Judici.IWalch.org
02/03
Jl/17/2013
02:36
2026460190
JUDICIAL WATCH
Pennsylvania Josurance Department
Chief Counsels Offi
November 18, 2013 any responsive record portion thereof c.laitned exempt from
production, please provide sufficient identifying infonnation with respect each
allegedly exempt record portion thereof allow nssess the propriety the
claimed exemption. Additionally, any reasonably segregab.le portion record
otherwise exempt from disclosure required mude available a.fter deletion the
portions that are exempted law. P.S 67.706.
Finally, Judicial Watch requests waiver any direct costs duplication
statutory fees pltrSuant P.S. 67.lJ07(b)(4)(ii)(B) the request for
noncommerc. purposes. ll1d. cial Watch non-profit, tax-exempt 501(c)(3)
educational orgauization dedicated increasing public understanding ofthe operations government well the importance ethics and the lulc law. Judicial Watch
regularly requests information from public agencies about their operations and activities
and disseminates this infonnation the public .fwtherance its educational mission.
However, any fee charged for copying the requested records, please notiJy
advance the expected cost li.kely exceed $350.00. you not understand this request any portion thereof, you feci YOll
require clarification this request any portion thereof, please contact immediately 202 646-5170 bmarshal@judicialwatch.org.
Sincerely,
William Marshall
Judicial Watch, Inc.
03/03