Issue Overview
Legislators and the public know little about the state’s interactions with Unregulated Pregnancy Clinics (UPCs). In states that grant funding to UPCs, it is not clear: (a) how much money has been granted from year to year; (b) who receives those funds and how much is passed along to other groups or individuals; (c) how many unique clients are served in a year; (d) what measurable quantity of products and services each of those clients receive; (e) whether the nonprofits are appropriately audited; and (f) whether audits are reviewed to ensure that state funds are spent in accordance with grant guidelines and protocols. In states that do not fund UPCs, it is unclear whether complaints have been filed against them, what complaints allege, what investigations state agencies have initiated, and whether state actions were taken.
The Freedom of Information Act (FOIA) or Public Records Act (PRA) can provide answers. State law allows members of the public to obtain most government-held documents, including electronic files of all kinds. In about 40 states, there are nonprofit organizations that will help individuals and organizations navigate the FOIA or PRA system.142
To make requests more successful, be specific. In the case of UPCs, your request should name all the individual UPCs that you are aware of. Both electronic and hard-copy documents are most easily found by searching for a specific name.
To make requests more successful, limit the dates. You need to limit the request to a specific period of time, for example, the past three calendar years. If you ask for too much, you may be overwhelmed by the volume of documents and the fees for producing them.
Legislators and advocacy groups need information to create rational state policy. The UPC industry is opaque. The American Medical Association urges: “the development of effective oversight for entities offering pregnancy-related health services and counseling.” The first step is transparency. That’s not too much to ask.
In states that never funded UPCs, a public records request may turn up valuable documents like complaints, investigations and enforcement actions involving UPCs.
In states that currently fund UPCs, a request should probably be limited to a three-year period in order to increase compliance and lower costs.
In states that previously funded UPCs but no longer do (e.g., AZ, MI, MN, PA), a request should probably seek financial information for the last three years of grant funding.
Body of letter
Agency Head [or Freedom of Information Act/Public Records Act Officer]
Name of Agency
Address of Agency
City, State, Zip Code
Re: Freedom of Information Act/Public Records Request
Dear ______________:
This is a request for copies of records pursuant to the (cite state law).
For purposes of this records request, “documents” include any written matter such as correspondence, reports, contracts, memos, invoices, meeting minutes, legal documents, articles, and any other form of recorded words or numbers that convey information, including spreadsheets, databases, and audio and video files. Documents can be handwritten, typed, printed, digital files, or a combination of these formats.
For purposes of this request, “correspondence” means any form of communication including, without limitation, emails, letters, texts, audio or video messages, regardless of whether the correspondence was sent or received by your agency.
For purposes of this request, “UPC” [or use another name if it’s common for your state] means any of the following organizations [list all the UPCs in your state].
This request is limited to documents received, created, edited or altered between January 1, 20XX and December 31, 20XX.
Request Description: Please provide all documents that are:
1. Proposals for funding from a [UPC], including any budgets or other attachments to a proposal.
2. Reports of activities by a [UPC], including any final report required by statute, regulations or terms of a funding agreement.
3. Correspondence between your agency and a [UPC].
4. Documents relating to communications or meetings with any employees, representatives or agents of a [UPC].
5. Documents relating to communications within your agency about a [UPC].
6. Documents relating to complaints from anyone about a [UPC].
7. Documents relating to investigations undertaken as a result of any complaints about a [UPC].
8. Documents relating to enforcement or corrective actions taken as a result of any complaints about a [UPC].
This request is made in the public interest. It is essential for the public and for legislators to know this information. Given this public interest motivation, I request the waiver of any fees.
Records may be produced in electronic format and emailed to me. Please contact me if we need to arrange an alternative method of delivery.
Name
Address
Phone
Email
