ProPublica Wants HHS Info on Drug, Medical Supply Stockpile

ProPublica sued the Health and Human Services Department Thursday to force the agency to respond to Freedom of Information Act requests regarding the government’s cache of medical supplies and drugs known as the Strategic National Stockpile.

The independent news organization asked HHS in mid-March and early April to provide information about items collected by the government to respond to sudden crises, but hasn’t received a substantive response, according to a complaint filed in the U.S. District Court for the Southern District of New York.

The information is needed to clear up confusion regarding the distribution of supplies—including respirators and face masks—to aid in treating Covid-19, ProPublica said.

“Public officials have made conflicting and incomplete statements about the Stockpile’s inventory,” the complaint said. These include statements about how the supplies have been distributed, which have led to speculation that the distribution has been politically motivated, it said.

ProPublica wants copies of agency guidance regarding requests for, approvals of, and distributions of the stockpile’s assets; records of how many items have been distributed and the entities that received them; and manuals governing the distribution of the stockpile’s assets.

The organization also asked for copies of communications between HHS and entities seeking supplies from the stockpile. It also is seeking information about the stockpile’s current status, how it will be expanded, and how, whether, and when state requests will be filled.

ProPublica asked HHS to expedite its requests, but HHS hasn’t responded, the complaint said.

Causes of Action: Failing to expedite processing of requests, and withholding of nonexempt records under FOIA.

Relief: Order HHS to process requests, declare records public and subject to disclosure; order HHS to produce records; costs and attorneys’ fees.

Response: HHS doesn’t comment on ongoing litigation.

Attorneys: Ballard Spahr LLP represents ProPublica.

The case is Pro Publica, Inc. v. U.S. Dep’t of Health & Human Servs., S.D.N.Y., No. 20-cv-4092, filed 5/28/20.