{ "muckrock_id": "176230", "agency": "Department of Justice, Disability Rights Division", "title": "Comprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report", "first_date": "2024-11-13", "last_date": "2025-02-03", "sourceSearchUrl": "https://www.muckrock.com/foi/list/?q=176230", "route": "/foia/176230-department-of-justice-disability-rights-division/", "messages": [ { "when": "2024-11-13 07:15:42", "file": "2024-11-13T07_15_42.153013 Communication.txt", "text": "To Whom It May Concern:\n\nPursuant to the Freedom of Information Act, I hereby request the following records:\n\nComprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report\n\nSubject: Comprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report\nTo:\n\nFOIA Officer, Centers for Medicare & Medicaid Services (CMS)\nFOIA Officer, Office for Civil Rights (OCR), U.S. Department of Health and Human Services (HHS)\nFOIA Officer, Civil Rights Division, U.S. Department of Justice (DOJ)\nFOIA Officer, Office of Special Counsel (OSC)\nFOIA Officer, Connecticut Department of Social Services (DSS)\nFOIA Officer, Office of Inspector General (OIG), Department of Health and Human Services (HHS)\nSummary of FOIA Request\nThis FOIA request demands comprehensive documentation regarding retaliatory actions, ADA non-compliance, and procedural violations by the Connecticut Department of Social Services (DSS) and the Centers for Medicare & Medicaid Services (CMS) following a whistleblower report submitted by David Medeiros, founder of ABI Resources, LLC, on December 18, 2023. It further seeks records held by federal oversight agencies on related actions, communications, and decisions.\n\nPurpose of Request\nThis request seeks complete, unredacted records to establish evidence of:\n\nRetaliatory Actions: Impacts on ABI Resources, including Medicaid billing restrictions, program changes, and ticket closures.\nADA Non-Compliance: Documenting any failures by DSS, CMS, and associated entities in providing accessible communication for David Medeiros.\nFOIA Procedural Violations: Highlighting instances of partial responses and unsupported denials of relevant records.\nScope of Records Sought\nThe records requested cover December 1, 2023, to present. This scope includes, but is not limited to, emails, text messages, digital communications, internal memoranda, directives, meeting notes, attachments, drafts, and related working documents across all relevant departments, divisions, or offices.\n\n1. Medicaid Billing Suspension and Sandata EVV Ticket #539494 (CMS and DSS)\nComprehensive Communications and Directives: Full records (emails, memos, reports, directives, attachments, text messages) from DSS, CMS, and Sandata Technologies concerning Medicaid billing privileges for ABI Resources, LLC, including names and roles of those involved in discussions and approvals.\n\nComplete Documentation of Sandata EVV Ticket #539494: All records associated with Ticket #539494, including:\n\nInitial ticket details, problem descriptions, resolution requests, and follow-ups.\nCommunications detailing each stage of the tickets handling, the reason for marking it resolved, and personnel involved in closing it.\n2. Retaliatory Actions Following December 18, 2023, Whistleblower Report (DSS, CMS, DOJ, OSC)\nInternal and External Correspondence: All records, including emails, directives, text messages, memos, and meeting notes, discussing the whistleblower report filed on December 18, 2023, including responses, assessments, and any retaliatory actions considered or taken against ABI Resources.\n\nDocumentation of Investigative Actions: All documentation related to any investigations launched in response to the whistleblower complaint, identifying personnel involved, findings, and any recommendations or disciplinary actions.\n\n3. ADA Compliance Documentation and Accommodation Requests (OCR, DOJ, DSS, CMS)\nADA Accommodation Requests: All records concerning ADA accommodations requested by David Medeiros and ABI Resources, with full documentation of responses, denials, and any internal discussions on ADA compliance obligations.\n\nADA Compliance Policies and Internal Guidelines: Copies of internal policies, training materials, and guidelines used by DSS and CMS related to ADA compliance, particularly on communication accessibility and auxiliary aids for individuals with disabilities.\n\n4. Records on Program Changes Impacting ABI Resources (DSS, CMS)\nCompanion Authorizations Termination Records: All communications, policy documents, and assessments on the termination of companion authorizations for the ABI Waiver Program as of December 31, 2023, including any correspondence between DSS, CMS, and Sandata Technologies related to this decision.\n5. Documentation of Specific Individuals Involvement (All Relevant Agencies)\nRecords Involving Named Personnel:\nAndrea Barton Reeves, Commissioner, DSS\nMatthew S. Antonetti, Legal Director, DSS\nAstread Ferron-Poole, DSS Associate\nMichelle A. James and Emmett Nicholson, CMS officials overseeing Medicaid compliance\nAll communications, directives, notes, meeting minutes, or any form of correspondence or records involving the above-named individuals with respect to ABI Resources, LLC, particularly regarding Medicaid billing restrictions, ADA accommodation requests, and actions following the December 18, 2023, whistleblower report.\n\nLegal Basis for FOIA Request and Compliance Mandates\n1. FOIA Compliance (5 U.S.C. 552)\nFOIA mandates timely responses, full disclosure of non-exempt records, and explicit justifications for any redactions or denials. Any failure by DSS, CMS, or other federal agencies to meet these statutory requirements will constitute non-compliance. All denials must include precise statutory citations under FOIA, and records must be provided in their entirety unless exemptions are clearly and legally justified.\n\n2. ADA Compliance Obligations (42 U.S.C. 12132; 28 C.F.R. 35.160)\nUnder Title II of the ADA, public entities must ensure effective communication with individuals with disabilities. This includes providing accessible documents in screen-reader-compatible formats and meeting specific requests for auxiliary aids. DSS and CMSs failure to meet these requests for ADA accommodations in communications constitutes non-compliance under federal ADA statutes.\n\n3. Federal Whistleblower Protection Standards\nWhistleblower protections prohibit retaliation against individuals who report agency misconduct. The actions taken against ABI Resources and David Medeiros, including billing suspension, premature ticket resolution, and operational disruptions following his whistleblower report, are viewed as retaliatory actions that must be substantiated and documented by all relevant agencies.\n\nSpecific Demands for Compliance\nTo ensure adherence to FOIA and ADA mandates, and to facilitate the transparency required by federal and state law, I formally request:\n\nDelivery of ADA-Compliant Records in Full:\n\nEmail-Only Communication via MuckRock Platform: All responses, updates, and records must be sent exclusively via email to eliminate accessibility barriers. CMS must refrain from using phone calls, physical mail, or portal-based responses.\nDirect Text in Email Body: Embed response text directly in the email body for immediate readability and accessibility.\nPDF Attachments for Documents: All records should be provided as clearly labeled PDF attachments, organized by date and document type, with original formatting preserved for clarity and navigability.\nIdentification of Responsible Personnel: Each response must include names, titles, and contact information of all FOIA officers, decision-makers, and supervisory personnel responsible for processing my request, ensuring transparency and accountability.\n\nDetailed Justifications for Redactions and Denials: Any information withheld or redacted must include detailed explanations citing specific statutory exemptions, in accordance with 5 U.S.C. 552(b). These explanations must include enough detail to verify the legal basis for each exemption claimed.\n\nRequest for Expedited Processing of FOIA Request\nPursuant to 5 U.S.C. 552(a)(6)(E), I formally request expedited processing of this FOIA request. This demand is based on critical statutory factors, including significant public interest, imminent risks to the rights of individuals with disabilities, and the need for urgent transparency to prevent ongoing retaliatory actions by public agencies.\n\nFailure to grant expedited processing within the statutory 10-day review period will constitute non-compliance with FOIAs provisions, necessitating formal escalation of this request to administrative or legal authorities.\n\nConsequences of Non-Compliance\nFailure to respond to this FOIA request in full compliance, or any delays without proper statutory explanation, may result in formal escalation through administrative, legal, or public channels. DSS, CMS, and other involved agencies are expected to adhere strictly to statutory timelines, ensuring transparency and adherence to ADA and FOIA standards. Non-compliance will be documented and pursued through all available legal remedies.\n\nConclusion\n\nThis FOIA request seeks full and unambiguous access to records necessary to verify and substantiate claims of retaliation, ADA non-compliance, and procedural violations following the December 18, 2023, whistleblower report. I expect each agency to adhere strictly to both FOIA and ADA standards, ensuring prompt and thorough disclosure of all relevant documentation.\n\nSincerely,\nDavid Medeiros\nFounder, ABI Resources, LLC\n\nThe requested documents will be made available to the general public, and this request is not being made for commercial purposes.\n\nIn the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.\n\nThank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.\n\nSincerely,\n\nDAVID MEDEIROS" }, { "when": "2024-11-15 15:19:55", "file": "2024-11-15T15_19_55.494300 Communication.txt", "text": "Dear Mr. Medeiros:\n\nThe Civil Rights Division is in receipt of your below request. This request is similar to the request you just submitted (see attachment), which is currently being processed. A formal acknowledgement letter will be sent to you soon. Therefore, we will not open your below email as a new request.\n\nThank You,\n\nFOI/PA Unit\nCivil Rights Division\nU.S. Department of Justice\nCRT.FOIArequests@usdoj.gov\n" }, { "when": "2024-12-04 11:10:44", "file": "2024-12-04T11_10_44.795441 Communication.txt", "text": "12.04.2024 Subject: Appeal Immediate Compliance Required with ADA Accommodations and FOIA Obligations\n\nDear FOIA Officer\nI am writing to formally reiterate my request for specific ADA accommodations and compliance with FOIA obligations, which are essential for my full participation in this process. These accommodations were explicitly requested to address accessibility needs stemming from my traumatic brain injury and to ensure compliance with federal law. To date, your office has failed to meet these requirements, resulting in undue barriers and systemic non-compliance.\n\nAccommodations Previously Requested\nThe following accommodations, explicitly outlined in prior communications, remain unfulfilled:\n\nExclusive Use of MuckRock Platform\n\nRequested: All communications must be routed exclusively through the MuckRock platform. No external portals, password-protected links, or alternate communication methods are acceptable.\nNon-Compliance: Communications have directed me to use external portals and password-protected links, violating ADA guidelines and my explicit requests.\nAccessible Document Formatting\n\nRequested: All documents must be provided as screen-reader compatible PDFs, properly labeled and indexed for ease of navigation and accessibility.\nNon-Compliance: Provided documents have not adhered to accessibility standards, preventing effective access to critical information.\nSimplified Summaries for Complex Records\n\nRequested: Simplified summaries must accompany all complex or technical records to enhance comprehension and ensure equitable participation.\nNon-Compliance: No summaries have been provided, creating unnecessary barriers to understanding the records.\nIdentification of Responsible Personnel\n\nRequested: Each communication must include the name, title, and role of the individual responsible for processing or responding to my requests.\nNon-Compliance: Correspondence has consistently lacked this information, hindering accountability and effective follow-up.\n\nImmediate Action Required\nTo rectify these ongoing failures and ensure compliance with federal laws, I demand the following actions be taken without delay:\n\nTransition All Communications to MuckRock\n\nImmediately cease the use of external portals or non-compliant communication methods and ensure all responses are routed exclusively through the MuckRock platform.\nProvide Accessible Documents\n\nReformat and resend all previously provided documents as screen-reader compatible PDFs, properly labeled and indexed to ensure accessibility.\nInclude Simplified Summaries\n\nProvide simplified summaries for all complex or technical records, both previously shared and in future communications, to ensure accessibility and equitable participation.\nIdentify Responsible Personnel\n\nInclude the name, title, and role of the individual responsible for every communication moving forward to ensure transparency and accountability.\nLegal Basis for Compliance\nYour office is legally obligated to comply with these accommodations under the following statutes and principles:\n\nAmericans with Disabilities Act (ADA): Title II, 42 U.S.C. 12132, and Section 504 of the Rehabilitation Act mandate reasonable accommodations and accessibility in communications for individuals with disabilities.\nFreedom of Information Act (FOIA): 5 U.S.C. 552 requires transparency, accessibility, and adherence to procedural fairness.\nConstitutional Protections: The First, Fifth, and Fourteenth Amendments to the U.S. Constitution safeguard my rights to petition the government, due process, and equal protection under the law.\nExecutive Order 13392: Mandates improved agency disclosure of information to enhance transparency and accountability.\n\nDeadline for Compliance\nYour office must confirm compliance with these accommodations and provide the requested corrective actions within five (5) business days of this notice. Continued non-compliance will be documented as a violation of the ADA and FOIA and may result in escalation, including:\n\nFormal Complaints: Filing with the U.S. Department of Justice and the Office for Civil Rights.\nJudicial Remedies: Seeking injunctive relief and damages for ADA and FOIA violations.\nPublic Advocacy: Reporting systemic failures to oversight agencies, media, and advocacy organizations.\nConclusion\nThis communication serves as a final request for compliance. It is imperative that your office address these deficiencies promptly to restore transparency, accessibility, and adherence to federal law.\n\nThank you for your immediate attention to this matter. I look forward to your response and resolution by the stated deadline.\n\nSincerely,\nDavid Medeiros\nFounder, ABI Resources\nDB.42.131.Inf.\n\nCC\nFederal Officials\nMerrick B. Garland\n\nTitle: U.S. Attorney General\nContact: Department of Justice Contact Page\nKristen Clarke\n\nTitle: Assistant Attorney General, Civil Rights Division\nContact: Civil Rights Division Contact Page\nXavier Becerra\n\nTitle: Secretary, U.S. Department of Health and Human Services (HHS)\nContact: HHS Contact Page\nChiquita Brooks-LaSure\n\nTitle: Administrator, Centers for Medicare & Medicaid Services (CMS)\nContact: CMS Contact Page\nLisa M. Gomez\n\nTitle: Assistant Secretary, Employee Benefits Security Administration\nContact: EBSA Contact Page\nMichael E. Horowitz\n\nTitle: Inspector General, U.S. Department of Justice\nContact: DOJ OIG Contact Page\nChristi Grimm\n\nTitle: Inspector General, U.S. Department of Health and Human Services\nContact: HHS OIG Contact Page\nGene L. Dodaro\n\nTitle: Comptroller General, U.S. Government Accountability Office (GAO)\nContact: GAO Contact Page\nConnecticut State Officials\nNed Lamont\n\nTitle: Governor, State of Connecticut\nContact: Governor's Contact Page\nWilliam Tong\n\nTitle: Attorney General, State of Connecticut\nContact: Attorney General's Contact Page\nAndrea Barton Reeves\n\nTitle: Commissioner, Connecticut Department of Social Services (DSS)\nContact: DSS Contact Page\nManisha Juthani, MD\n\nTitle: Commissioner, Connecticut Department of Public Health\nContact: DPH Contact Page\nJeffrey R. Beckham\n\nTitle: Secretary, Connecticut Office of Policy and Management\nContact: OPM Contact Page\nCongressional Oversight Committees\nHouse Committee on Oversight and Accountability\n\nChair: James Comer (R-KY)\nContact: Committee Contact Page\nSenate Committee on Homeland Security and Governmental Affairs\n\nChair: Gary Peters (D-MI)\nContact: Committee Contact Page\nHouse Subcommittee on Civil Rights and Civil Liberties\n\nChair: Jamie Raskin (D-MD)\nContact: Subcommittee Contact Page\nSenate Judiciary Committee\n\nChair: Dick Durbin (D-IL)\nContact: Committee Contact Page" }, { "when": "2025-01-03 01:01:05", "file": "2025-01-03T01_01_05.164324 Communication.txt", "text": "To Whom It May Concern:\n\nI wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 15, 2024. Please let me know when I can expect to receive a response.\n\nThanks for your help, and let me know if further clarification is needed.\n\n\n" }, { "when": "2025-02-03 01:01:25", "file": "2025-02-03T01_01_25.985811 Communication.txt", "text": "To Whom It May Concern:\n\nI wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 15, 2024. Please let me know when I can expect to receive a response.\n\nThanks for your help, and let me know if further clarification is needed.\n\n\n" }, { "when": "2025-02-03 11:57:52", "file": "2025-02-03T11_57_52.268300 Communication.txt", "text": "Mr. Medeiros,\n\nOur office replied to your request on November 25, 2024. Please find attached the email as well as the response letter sent to you. As a note, if you would like to follow up on any of your requests in the future, please provide the FOIA Request number provided to you. This will assist in locating your request in our system.\n\nThank You,\n\nFOI/PA Unit\nCivil Rights Division\nU.S. Department of Justice\nCRT.FOIArequests@usdoj.gov\n" } ], "attachments": [ { "when": "2024-11-15 15:19:55", "file": "2024-11-15T151955.494300 WRD1724.jpg", "bytes": 823, "sha256_16": "CB0628092DDEA96B", "hashScope": "Saved SHA-256 prefix (16 hex characters)", "requestId": "176230", "exportIndex": 1, "originalSha256": "cb0628092ddea96bb040221b5c793dbbb792a67d0621bdfba170c07374d85801", "originalBytes": 823, "downloadSha256": "cb0628092ddea96bb040221b5c793dbbb792a67d0621bdfba170c07374d85801", "downloadBytes": 823, "downloadUrl": "/foia-files/cb0628092ddea96bb040221b5c793dbbb792a67d0621bdfba170c07374d85801/attachment.jpg", "delivery": "original file", "classification": "attachment", "originalBasename": "2024-11-15T151955.494300 WRD1724.jpg", "sourceFileRelativePath": "2024-11-15T151955.494300 WRD1724.jpg" }, { "when": "2024-11-15 15:19:55", "file": "2024-11-15T151955.494300 attachment-2_eUl3MBP", "bytes": 44996, "sha256_16": "5A305803C8D290CF", "hashScope": "Saved SHA-256 prefix (16 hex characters)", "requestId": "176230", "exportIndex": 2, "originalSha256": "5a305803c8d290cf6abaa9fdc837845fac82f66541a1c3f38f6072c1941cbe94", "originalBytes": 44996, "downloadSha256": "5a305803c8d290cf6abaa9fdc837845fac82f66541a1c3f38f6072c1941cbe94", "downloadBytes": 44996, "downloadUrl": "/foia-files/5a305803c8d290cf6abaa9fdc837845fac82f66541a1c3f38f6072c1941cbe94/attachment.bin", "delivery": "original file", "classification": "attachment", "originalBasename": "2024-11-15T151955.494300 attachment-2_eUl3MBP", "sourceFileRelativePath": "2024-11-15T151955.494300 attachment-2_eUl3MBP" }, { "when": "2025-02-03 11:57:52", "file": "2025-02-03T115752.268300 WRD0312.jpg", "bytes": 823, "sha256_16": "CB0628092DDEA96B", "hashScope": "Saved SHA-256 prefix (16 hex characters)", "requestId": "176230", "exportIndex": 3, "originalSha256": "cb0628092ddea96bb040221b5c793dbbb792a67d0621bdfba170c07374d85801", "originalBytes": 823, "downloadSha256": "cb0628092ddea96bb040221b5c793dbbb792a67d0621bdfba170c07374d85801", "downloadBytes": 823, "downloadUrl": "/foia-files/cb0628092ddea96bb040221b5c793dbbb792a67d0621bdfba170c07374d85801/attachment.jpg", "delivery": "original file", "classification": "attachment", "originalBasename": "2025-02-03T115752.268300 WRD0312.jpg", "sourceFileRelativePath": "2025-02-03T115752.268300 WRD0312.jpg" }, { "when": "2025-02-03 11:57:52", "file": "2025-02-03T115752.268300 attachment-2", "bytes": 223891, "sha256_16": "CFBDEE36BEA84E6B", "hashScope": "Saved SHA-256 prefix (16 hex characters)", "requestId": "176230", "exportIndex": 4, "originalSha256": "cfbdee36bea84e6bb6ed1e1729480ebb9674c6394a68fb5e471d39b62b12d5dd", "originalBytes": 223891, "downloadSha256": "cfbdee36bea84e6bb6ed1e1729480ebb9674c6394a68fb5e471d39b62b12d5dd", "downloadBytes": 223891, "downloadUrl": "/foia-files/cfbdee36bea84e6bb6ed1e1729480ebb9674c6394a68fb5e471d39b62b12d5dd/attachment.bin", "delivery": "original file", "classification": "attachment", "originalBasename": "2025-02-03T115752.268300 attachment-2", "sourceFileRelativePath": "2025-02-03T115752.268300 attachment-2" }, { "when": "", "file": "agency.txt", "bytes": 84, "sha256_16": "265988ABC84F4589", "hashScope": "Saved SHA-256 prefix (16 hex characters)", "requestId": "176230", "exportIndex": 5, "originalSha256": "265988abc84f45893cd3d6b644ba86a31f88b9a81134f58c9ad16c28d867a9aa", "originalBytes": 84, "downloadSha256": "265988abc84f45893cd3d6b644ba86a31f88b9a81134f58c9ad16c28d867a9aa", "downloadBytes": 84, "downloadUrl": "/foia-files/265988abc84f45893cd3d6b644ba86a31f88b9a81134f58c9ad16c28d867a9aa/attachment.txt", "delivery": "original file", "classification": "export-metadata", "originalBasename": "agency.txt", "sourceFileRelativePath": "agency.txt" } ] }