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ANDREW M. CUOMO HOWARD A. ZUCKER, M.D., J.D. LISA J. PINO, M.A., J.D.

Governor Commissioner Executive Deputy Commissioner

January 6, 2021

Via Electronic Mail


Chris Bragg
Albany Times Union
Bragg.chris@gmail.com

FOIL #: 20-07-058

Dear Mr. Bragg:

This letter responds to your Freedom of Information Law (FOIL) request of July 6, 2020,
in which you requested “[a] copy of all survey responses from nursing homes that were part of a
‘NYSDOH Facility Survey’ that formed the basis of DOH’s July 6, 2020 report.”

In response to your request, the Department advises that certain data points referenced
in the Facility Survey are publicly available on the New York State Department of Health’s
website, on the NYSDOH COVID-19 Tracker, and on Health Data NY at the following links:

https://www.health.ny.gov/statistics/diseases/covid-19/nursing_home_staff_testing_data.pdf

https://covid19tracker.health.ny.gov/

https://health.data.ny.gov/

Your request for access to the remaining data and survey responses referenced in the
Facility Survey is denied pursuant to New York Public Officers Law §87(2)(b), because
disclosure "would constitute an unwarranted invasion of personal privacy," and New York Public
Officers Law §87(2)(g), as “inter-agency or intra-agency materials.”

Should you feel that you have been unlawfully denied access to records, you may
appeal such denial in writing within 30 days to the Records Access Appeals Officer, Division of
Legal Affairs, Empire State Plaza, 2438 Corning Tower, Albany, New York 12237-0026.

If you require additional information or wish to discuss this matter further, please do not
hesitate to contact me at (518) 474-8734.

Sincerely,

Rosemarie Hewig, Esq.


Records Access Officer
RH/jt

Empire State Plaza, Corning Tower, Albany, NY 12237│health.ny.gov

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