Public Records
Reporters can encounter obstacles in obtaining documents that reveal what the government is doing, or failing to do – on the local, state and federal levels. Some public record laws are weak, and they may also be poorly enforced. Here are resources and stories to guide you in accessing public records.
Jump to: Key Resources | Reporters Using Public Records | Tips on Obtaining, Using Public Records | Additional Resources
Key Resources
AHCJ backs public data about COVID-19 hospitalizations
After the Trump administration ordered hospitals to stop reporting COVID-19 data to the Centers for Disease Control and Prevention and send patient information to a central database in Washington, D.C., AHCJ released a statement supporting the continued public availabilty of COVID-19 hospitalization data.
CDC says it wants better working relationships with reporters, provides contact information
The Centers for Disease Control and Prevention has provided AHCJ with the email addresses and phone numbers of three key media officers, a move that a top official said she hoped would foster “a better working relationship” with reporters.
Guidance on the release of information concerning deaths, epidemics or emerging diseases
Recommendations developed by public health officials, health care journalists and public health information officers, co-sponsored by the Association of State and Territorial Health Officials, the National Association of County and City Health Officials and the Association of Health Care Journalists in October 2010.
For successful information requests, be familiar with guidelines for HHS public affairs staff
This blog post has directions to make information requests from the U.S. Department of Health and Human Services, as well as contact information for senior media officials to whom reporters can directly appeal if they don’t receive answers in a timely manner. See the HHS Guidelines on the Provision of Information to the News Media.
On the health beat, public records can be a lifeline
In recognition of Sunshine Week 2018, Michael Morisy, founder of MuckRock, a nonprofit that works for a more informed democracy, wrote for AHCJ some tips about using freedom of information laws to get great stories while juggling everything else you need to get done.
Shining a light on communities through public information
In recognition of Sunshine Week 2018, Amelia Nitz, communications manager for the Reporters Committee for Freedom of the Press, wrote for AHCJ about open records laws and how her organization is prepared to help reporters obtain public records.
James Madison Project offers pro bono legal, professional advice on FOIA
An attorney and a longtime D.C. reporter are offering their services to journalists encountering difficulty with FOIA requests.
Reporters Using Public Records
Six lessons from a five-year FOIA battle
(September 2016) Philip Eil describes his fight to obtain evidence from a case in which a doctor was convicted of a massive prescription drug dealing scheme.
Tips on prying loose records using FOIA requests, lawsuit
(September 2015) Fred Schulte’s investigation into problems with Medicare Advantage plans took a lot of digging, filing of FOIA requests and ultimately a lawsuit to force CMS to turn over certain documents.
Should the state disclose which Maine schools face disease outbreaks?
(July 2015) Reporter requests information about schools, camps and other sites where infectious diseases broke out during the last school year.
Investigation reveals dental board’s lack of transparency
(March 2015) Reporting on lack of transparency within Arizona’s State Board of Dental Examiners.
Calif. reporter finds dearth of public records on assisted-living homes
(September 2014) Reporter Deborah Schoch shares tips on investigating assisting-living and nursing homes.
Making information on dental complaints accessible in California
(September 2014) Report on dental complaints that pile up outside public view.
How one reporting team used public records to find questionable Medicare Advantage spending
(July 2014) Fortunately, the government can’t run a program as big, complex and controversial as Medicare Advantage without putting a ton of documents and other information online.
Extensive document requests yield true cost of Illinois’ PR campaign for insurance coverage
(July 2014) Carla K. Johnson covered a multimillion-dollar PR contract to promote insurance coverage under the Affordable Care Act in Illinois.
Miami journalist reports on the challenges in getting price transparency data in South Florida
(October 2014) Difficulties in getting data on price transparency.
How a secretive committee recommends how much physicians should be paid
(December 2014) Understand how the Relative Value Update Committee works.
Beat reporter uncovers FDA’s failure to take action about contaminated products
(June 2011) What happens when the FDA concludes contaminated health care products don’t pose “an imminent health hazard?”
Reporter runs into wall requesting FDA’s public records of financial disclosures
(February 2011) John Fauber of the Milwaukee Journal Sentinel describes his months of fruitless efforts to obtain public records from the FDA.
Reporter documents surgical errors through public records
(November 2007)Understanding the cost of medical errors with public records.
Tips on Obtaining, Using Public Records
Use state public records laws to cover these aspects of health exchanges
(March 2014) Katie Kerwin McCrimmon has tips on getting public records and using them to cover state exchanges.
Journalists discuss quote approval, emailed questions, access to experts
(March 2013) Blog post about a panel on access to information at Health Journalism 2013
Some key points about public records requests
(April 2012) Charles Ornstein offers some useful tips to make records requests easier and more productive.
FOI Laws in Action
Charles Davis gives examples of how reporters have used state records laws and FOIA, and provides other sources of public information.
Calif. reporter finds dearth of public records on assisted-living homes
(September 2014) Reporter Deborah Schoch shares tips on investigating assisting-living and nursing homes.
Making information on dental complaints accessible in California
(September 2014) Report on dental complaints that pile up outside public view.
Reporters urged to insist on response from government agencies
(September 2010) Felice Freyer’s instructive experience with the FDA.
Additional Resources
SF chapter presents workshop on FOI, public records
(October 2009) Panel of experts discusses FOI, the California Records Act, strategies for obtaining records, and how to use the information effectively.
Health Journalism 2008: Under pressure – FDA oversight, funding, effectiveness
(April 2008) Reporters at the annual conference queried Susan Winckler, FDA chief of staff, about the agency’s responsiveness.
Reporter offers testimony to FDA committee about agency’s communication policies
(March 2008) Kathryn Foxhall testified about the FDA’s communications policies at the first meeting of FDA’s Risk Communications Advisory Committee.
State-by-state Open Government Guide, from the Reporters Committee for Freedom of the Press
Information on public records laws and open meeting laws from all 50 states.
Reporters Committee for Freedom of the Press
A nonprofit association dedicated to providing free legal assistance to journalists since 1970.