People of State of California v. Richardson

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT.

In this suit the California Attorney General, on behalf of the people of the State of California, and two senior citizens organizations seek an order pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (a)(3), requiring the Department of Health, Education and Welfare to produce for copying certain identifiable records. The specific records sought are the Extended Care Facility Reports (Form SSA-1569) concerning California nursing homes that receive Medicare reimbursement. These annual reports certify whether nursing homes comply with various requirements of the Medicare program; plaintiffs argue that they are the only comprehensive records by which Medicare patients can determine which nursing homes provide safe, sanitary, and humane care.

The parties have made cross-motions for summary judgment, agreeing that there are no material. facts in dispute. The court concludes that defendants’ motion will be granted and the plaintiffs’ denied.

The starting point for the court is the express command of 5 U.S.C. § 552 (c) that records shall not be withheld by public agencies except as authorized by the Freedom of Information…