Health Plan Consultant Files Findings, But Report Is Withheld

A consultant hired by Oklahoma to help create a plan for covering people without health insurance has delivered a draft report on its findings to state officials, but officials refuse to release the report.

The Oklahoma Health Care Authority will present some of the consultant’s preliminary findings and recommendations at its board meeting on Thursday, using a PowerPoint slide-show presentation, an Oklahoma Health Care Authority spokeswoman said. That slide show will be released after the meeting; the draft report will not be released at the time. A final version of Utah-based Leavitt Partners’ findings is expected in June.

According to Howard Pallotta, general counsel for the Health Care Authority, the agency does not have to immediately release the draft report or PowerPoint images in response to an Oklahoma Watch request made under the Opens Records Act. He cited as a reason a part of the act that allows a public official, before taking action that includes making recommendations or issuing a report, to “keep confidential his or her personal notes and personally created materials … prepared as an aid to memory or research leading to the adoption of a public policy or the implementation of a public project.”

“Once the meeting is held,” Pallotta told Oklahoma Watch in an email, “we then must release the PowerPoint that will be used to either start an action or end it.”

The regular Health Care Authority board meeting is scheduled for 1 p.m. at its office in Oklahoma City. Nico Gomez, CEO for the authority, will present to the board Leavitt Partners’ preliminary findings.

Leavitt Partners was hired for $500,000 by the state in January to look at operation of the state’s Medicaid program, SoonerCare, as well as at health programs in other states that would expand health coverage and improve health outcomes. The company was hired several months after Gov. Mary Fallin announced she would reject federal funding to expand Medicaid under the Patient Protection and Affordable Care Act, which meant about 200,000 Oklahomans newly eligible under the act would not get Medicaid starting in 2014.

Leavitt Partners is headed by former U.S. Secretary of Health and Human Services and Utah Gov. Mike Leavitt.

The consultant’s draft report contains only the findings of its months-long study, said Jo Kilgore, spokeswoman for the Oklahoma Health Care Authority. The final report, which will be released June 30, will incorporate feedback from the state.

It’s not clear if the state will release Leavitt Partners’ preliminary findings after the final report is issued in June.

Joey Senat, president of the nonprofit Freedom of Information Oklahoma, said the exemption cited by Pallotta doesn’t refer to records prepared by an outside party, rather to a public official’s own personal notes.

Also, a 2009 Oklahoma Court of Civil Appeals ruling would appear to compel release of Leavitt Partners’ draft findings, he said. In that case, the city of Lawton used the exemption to deny a police union a copy of a draft audit report prepared by an outside firm. The document was in the city’s hands, and the city had used it in preparation for a hearing. When the police union requested the document, the city refused citing the “personal notes and personally created materials” exemption. The court ruled that because the city had used the document, the record was not exempt from the state Open Records Act. In general, the act presumes that government records are open.

Leavitt Partners’ report could play a big role in the formation of a state health plan, as it will give the state data and information about what other states are doing to cover the uninsured and about Oklahoma’s current health system. State officials could implement some recommendations on their own; others might need approval from the Legislature.

During her State of the State Speech in February, Fallin announced that the state would be pursuing its own “Oklahoma plan,” focusing on improving health outcomes, reducing the cost of care and expanding access to health care.

Officials have said that one of the options being looked at by Leavitt Partners is the so-called Arkansas plan, in which federal money that would have gone toward Medicaid expansion would instead be used to purchase private insurance for residents who qualify.

The Arkansas proposal has received only verbal confirmation from U.S. Health and Human Services Secretary Kathleen Sebelius. Several states that initially rejected Medicaid expansion have shown interest in pursuing a similar option.

2 thoughts on “Health Plan Consultant Files Findings, But Report Is Withheld

  1. The section of law cited by the legal counsel applies to personally created material, not to a document that was created by another entity and transmitted to a state agency. Title 51 Section 24A.9 states, “Prior to taking action, including making a recommendation or issuing a report, a public official may keep confidential his or her personal notes and personally created materials other than departmental budget requests of a public body prepared as an aid to memory or research leading to the adoption of a public policy or the implementation of a public project.”
    While at the Office of the State Auditor we were continually advised that our drafts of audit reports were confidential only for us; that when we transmitted them to another agency they were not covered by the exemption from the Open Records Act to anyone we transmitted it to.
    The draft report by the consultant is not confidential and should be released.

  2. Howard Pallotta’s statement seems contrary to the Open Records Act and to a 2009 state Court of Civil Appeals decision ordering Lawton officials to release a “draft” audit conducted by an independent auditor.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>