MADISON, Wis. (AP) - The Wisconsin Department of Health Services withheld the identities of hundreds of people, including a state lawmaker, who made public comments about Gov. Scott Walker’s plan to force Medicaid applicants to be screened for illegal drugs.
The Associated Press used an open records request to obtain the emails, form letters from advocacy groups, voicemails and testimony submitted to the department over a 30-day public comment period, from April 19 to May 19. The documents included more than 1,000 comments on Walker’s plan, but nearly all of the names of the people commenting were withheld.
Bill Lueders, president of the Wisconsin Freedom of Information Council, said it was “completely inappropriate” for DHS to withhold the names, especially those who spoke at public meetings in Wausau on April 26 and in Milwaukee on May 1.
“It seems to me someone overreacted,” he said.
Walked used some of the comments to make changes to his proposal before submitting it to the federal government this month. The Republican needs a waiver in order to pursue his proposed changes.
In the hearing records provided by DHS, testimony where speakers identify their job is included but not their name. For example, one person testified that he or she was the chief executive officer of the Muslim Community and Health Center in Milwaukee. Another identifies himself as the representative of the 7th Assembly District in the Legislature, which is Rep. Dan Riemer, a Democrat who opposed the waiver.
“The whole point of a public hearing and comment period is to have an open, transparent discussion with the governor’s office and department about what they’re proposing,” Riemer said Tuesday, calling it “bad policy” to withhold the names of people voluntarily providing information.
Robert Kraig, executive director of the advocacy group Citizen Action, also testified at the Milwaukee hearing but was not identified in the records. He was surprised his name, as well as names and addresses of hundreds of people who submitted comments organized by the group, were withheld.
“I don’t know of anyone we received comment from around the state or medical professionals we work with who have an expectation of privacy,” Kraig said. “The average person would assume their name would be a part of it.”
Kraig said not including addresses of people who submitted critical comments would hide how geographically widespread opposition is to Walker’s plan.
Of the 1,050 comments received, only five were in full support of Walker’s plan.
The Department of Health Services said in a letter that the redactions were done in accordance with state and federal law forbidding the identification of those who receive or apply for Medicaid benefits. The agency also said it was unable to disclose portions of a record that constitute personally identifying information or protected health information.
The department did not, however, redact the names of people who submitted formal written testimony. Those letters came from such people as Lt. Gov. Rebecca Kleefisch, who supports Walker’s plan; and Andrea Kaminski, executive director of the League of Women Voters of Wisconsin, and Linda Witucki, executive director of the American Lung Association in Wisconsin, who both opposed the governor’s plan.
The AP requested the department reconsider its decision Tuesday. The agency didn’t immediately respond.
In 2014, a state appeals court ruled Democratic state Sen. Jon Erpenbach had to release the names and email addresses of people who had contacted him about Walker’s proposal curtailing public workers’ collective bargaining rights.
Erpenbach initially redacted that information when responding to an open records request. The appeals court ruled that public awareness of who was attempting to influence policy and from where was crucial to the oversight of government.
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