{
  "id": "174572",
  "title": "Subject: Comprehensive FOIA Request for Connecticut Medicaid Acquired Brain Injury Waiver Program Records (Senate Office of Public Records)",
  "agency": "Senate Office of Public Records",
  "jurisdiction": "United States of America",
  "submitted": "2024-10-17 14:31:31.841729+00:00",
  "updated": "",
  "status": "Awaiting Response",
  "requester": "David Medeiros",
  "sourceUrl": "https://www.muckrock.com/foi/united-states-of-america-10/subject-comprehensive-foia-request-for-connecticut-medicaid-acquired-brain-injury-waiver-program-records-senate-office-of-public-records-174572/",
  "requestText": "Freedom of Information Officers\r\nSubject: Comprehensive FOIA Request for Connecticut Medicaid Acquired Brain Injury Waiver Program Records\r\n\r\nDear Freedom of Information Officers,\r\n\r\nI am writing to formally request access to all records under the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and relevant Connecticut state laws, specifically related to the Connecticut Medicaid Acquired Brain Injury (ABI) Waiver Program. This information is critical to my participation in the oversight and administration of this program.\r\n\r\nIn accordance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.), I am requesting accommodations due to my condition. I respectfully request that all records be provided electronically via email, as opposed to portals or complex delivery methods, to ensure full and equal access to the information.\r\n\r\nScope of Request:\r\nLegislative Records:\r\n\r\nAll bills, amendments, resolutions, legislative proposals, and legislative history related to the Connecticut Medicaid ABI Waiver Program.\r\nVoting records of all state and federal legislators on any legislation affecting the Medicaid ABI Waiver Program.\r\nMinutes, transcripts, and audio/video recordings of meetings, hearings, or discussions where the Medicaid ABI Waiver Program was a topic.\r\nPublic Records:\r\n\r\nComprehensive reports, studies, assessments, and evaluations on the Connecticut Medicaid ABI Waiver Program.\r\nBudget allocations, financial statements, expenditure reports, and audit results related to the program, pursuant to Connecticut Budget Transparency Laws (C.G.S. § 4-66 and related sections).\r\nAll contracts, agreements, memoranda of understanding, and intergovernmental agreements involving the administration or management of the Medicaid ABI Waiver Program.\r\nCorrespondence:\r\n\r\nAll emails, letters, and other forms of communication, including internal and external, regarding the Medicaid ABI Waiver Program.\r\nInternal memoranda, briefing documents, policy directives, and decision-making correspondence related to the oversight and implementation of the program.\r\nPersonnel Records:\r\n\r\nNon-confidential employment records, including job descriptions, resumes, and performance evaluations, of individuals involved in the administration and oversight of the Medicaid ABI Waiver Program. This request is consistent with the Privacy Act of 1974 (5 U.S.C. § 552a), which protects confidential personal data.\r\nOrganizational charts detailing the structure and personnel responsible for managing the Medicaid ABI Waiver Program within relevant state and federal agencies.\r\nProgram Information:\r\n\r\nAll guidelines, protocols, procedural documents, and compliance reviews governing the operation of the Medicaid ABI Waiver Program, as mandated by Centers for Medicare & Medicaid Services (CMS) Regulations (42 CFR § 440.180) for home and community-based services waiver programs.\r\nImplementation plans, performance metrics, outcome reports, and evaluation summaries regarding the effectiveness of the program.\r\nComprehensive data sets related to enrollment, utilization, demographic information, and outcomes of beneficiaries participating in the Medicaid ABI Waiver Program.\r\nSpecial Requests:\r\nExpedited Processing: Pursuant to Executive Order 13392, which mandates the improvement of agency disclosure processes, and the Freedom of Information Act (5 U.S.C. § 552), I request expedited processing of this FOIA request due to the public interest and personal impact of the information.\r\n\r\nElectronic Records: In compliance with my rights under Section 504 of the Rehabilitation Act and the ADA, I request that all records be provided in electronic format and sent directly to my email address. This will ensure that I can access the information without unnecessary barriers or delays.\r\n\r\nFee Waiver Request:\r\nI request a waiver of all fees associated with this FOIA request under 5 U.S.C. § 552(a)(4)(A)(iii). This request is made in the public interest and not for commercial use. The disclosure of the requested information will significantly contribute to public understanding of government operations, particularly concerning the Connecticut Medicaid ABI Waiver Program, which impacts a vulnerable population. Additionally, due to my condition, as covered by Section 504 of the Rehabilitation Act, a fee waiver will ensure equitable access to this important information.\r\n\r\nRelevant Laws:\r\nThis FOIA request, and the accommodations I am requesting, are governed by the following laws and regulations:\r\n\r\nFreedom of Information Act (5 U.S.C. § 552) – Governing the right to request access to federal records.\r\nAmericans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.) – Ensuring equal access for individuals with disabilities, including in communication.\r\nSection 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) – Prohibiting discrimination based on disability in programs receiving federal funding.\r\nPrivacy Act of 1974 (5 U.S.C. § 552a) – Protecting personal privacy in records maintained by federal agencies.\r\nMedicaid Statute (Title XIX of the Social Security Act) (42 U.S.C. § 1396 et seq.) – Governing Medicaid programs, including waivers like the ABI Waiver.\r\nConnecticut Freedom of Information Act (C.G.S. §§ 1-200 to 1-242) – Governing the right to request access to state records.\r\nConnecticut Budget Transparency Laws (C.G.S. § 4-66) – Requiring public disclosure of state budget allocations and financial reports.\r\nCMS Regulations (42 CFR § 440.180) – Governing the administration of home and community-based services waiver programs, including the ABI Waiver.\r\nExecutive Order 13392 (\"Improving Agency Disclosure of Information\") – Mandating federal agencies to improve FOIA processing.\r\nNon-Waiver of Rights:\r\nThis request does not waive any rights I may have under FOIA, the ADA, the Rehabilitation Act, or any other applicable law, and I reserve all rights regarding this matter.\r\n\r\nThank you for your prompt attention to this request and for accommodating my needs.\r\n\r\nSincerely,\r\nDavid Medeiros\r\nABI Resources\r\n\r\nDepartments of Submission:\r\nState of Connecticut Agencies:\r\nConnecticut Department of Social Services (DSS)\r\nEmail: foia.dss@ct.gov\r\nDepartment: Department of Social Services\r\n\r\nConnecticut Office of the Attorney General\r\nEmail: attorney.general@ct.gov\r\nDepartment: Office of the Attorney General\r\n\r\nConnecticut General Assembly (CGA)\r\nEmail: foia@cga.ct.gov\r\nDepartment: Connecticut General Assembly\r\n\r\nConnecticut Office of Policy and Management (OPM)\r\nEmail: opm.foia@ct.gov\r\nDepartment: Office of Policy and Management\r\n\r\nConnecticut Department of Public Health (DPH)\r\nEmail: dph.foi@ct.gov\r\nDepartment: Department of Public Health\r\n\r\nFederal Agencies:\r\nU.S. Department of Health and Human Services (HHS)\r\nEmail: HHS_FOIA@hhs.gov\r\nDepartment: U.S. Department of Health and Human Services\r\n\r\nCenters for Medicare & Medicaid Services (CMS)\r\nEmail: FOIA_Request@cms.hhs.gov\r\nDepartment: Centers for Medicare & Medicaid Services\r\n\r\nU.S. Department of Justice (DOJ)\r\nEmail: foia.requests@usdoj.gov\r\nDepartment: U.S. Department of Justice\r\n\r\nU.S. Department of Housing and Urban Development (HUD)\r\nEmail: foiarequests@hud.gov\r\nDepartment: U.S. Department of Housing and Urban Development\r\n\r\nU.S. Department of Labor (DOL)\r\nEmail: foiarequests@dol.gov\r\nDepartment: U.S. Department of Labor\r\n\r\nFederal Trade Commission (FTC)\r\nEmail: FOIA@ftc.gov\r\nDepartment: Federal Trade Commission",
  "communicationCount": 3,
  "fileCount": 0,
  "communications": [
    {
      "sequence": 1,
      "date": "",
      "from": "",
      "subject": "Preserved binder fragment — page 1172",
      "text": "November 18, 2024\nBY E-mail (174572-55163937@requests.muckrock.com) \nDavid Medeiros\nABI Resources\n39 Kings Highway, Suite C\nGales Ferry, CT 06335\nDear Mr. Medeiros:\nYour October 17, 2024 request sent via MuckRock.com to the Senate Office of Public\nRecords requesting records pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. §\n552, and follow-up communications have been referred to our office for response.\nCongressional records are not subject to the FOIA as Congress is not an agency for\npurposes of that Act.  See 5 U.S.C. §§ 551(1)(A), 552(f); FCC v. Fox Television Stations, Inc.,\n556 U.S. 502, 524, 525 n.6 (2009) (plurality) (FOIA “does not apply to Congress” because\nstatutory definition of agency “specifically excludes the Congress”); American Civil Liberties\nUnion v. CIA, 823 F.3d 655, 658 (D.C. Cir. 2016) (“Congress is not an ‘agency’ under FOIA\nand, therefore, congressional documents are not subject to FOIA’s disclosure requirements.”);\nUnited We Stand America, Inc. v. Internal Revenue Serv., 359 F.3d 595, 597 (D.C. Cir. 2004)\n(“Because Congress is not an agency, congressional documents are not subject to FOIA’s\ndisclosure requirement.”); Mayo v. U.S. Government Printing Office, 9 F.3d 1450, 1451 (9th Cir.\n1993).  \nAccordingly, congressional records, including the records of the Senate, are not available\nunder the FOIA, and we are therefore unable to respond favorably to your request for records.\nSincerely,\nVivian M. Rivera",
      "summary": "",
      "sourceKind": "binder-fragment",
      "page": 1172,
      "sha256": "aee51d7b2550e8015b7844a17069e7a851ceb76eda4c76152e3ddd015c15ea20"
    },
    {
      "sequence": 2,
      "date": "",
      "from": "",
      "subject": "Preserved binder fragment — page 1173",
      "text": "November 18, 2024\nBY E-mail (174572-55163937@requests.muckrock.com) \nDavid Medeiros\nABI Resources\n39 Kings Highway, Suite C\nGales Ferry, CT 06335\nDear Mr. Medeiros:\nYour October 17, 2024 request sent via MuckRock.com to the Senate Office of Public\nRecords requesting records pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. §\n552, and follow-up communications have been referred to our office for response.\nCongressional records are not subject to the FOIA as Congress is not an agency for\npurposes of that Act.  See 5 U.S.C. §§ 551(1)(A), 552(f); FCC v. Fox Television Stations, Inc.,\n556 U.S. 502, 524, 525 n.6 (2009) (plurality) (FOIA “does not apply to Congress” because\nstatutory definition of agency “specifically excludes the Congress”); American Civil Liberties\nUnion v. CIA, 823 F.3d 655, 658 (D.C. Cir. 2016) (“Congress is not an ‘agency’ under FOIA\nand, therefore, congressional documents are not subject to FOIA’s disclosure requirements.”);\nUnited We Stand America, Inc. v. Internal Revenue Serv., 359 F.3d 595, 597 (D.C. Cir. 2004)\n(“Because Congress is not an agency, congressional documents are not subject to FOIA’s\ndisclosure requirement.”); Mayo v. U.S. Government Printing Office, 9 F.3d 1450, 1451 (9th Cir.\n1993).  \nAccordingly, congressional records, including the records of the Senate, are not available\nunder the FOIA, and we are therefore unable to respond favorably to your request for records.\nSincerely,\nVivian M. Rivera",
      "summary": "",
      "sourceKind": "binder-fragment",
      "page": 1173,
      "sha256": "aee51d7b2550e8015b7844a17069e7a851ceb76eda4c76152e3ddd015c15ea20"
    },
    {
      "sequence": 3,
      "date": "",
      "from": "",
      "subject": "Preserved binder fragment — page 1329",
      "text": "November 15, 2024\nBY E-mail (174572-55163937@requests.muckrock.com) \nDavid Medeiros\nABI Resources\n39 Kings Highway, Suite C\nGales Ferry, CT 06335\nDear Mr. Medeiros:\nYour October 17, 2024 request sent via MuckRock.com to the Senate Office of Public\nRecords requesting records pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. §\n552, and follow-up communications have been referred to our office for response.\nCongressional records are not subject to the FOIA as Congress is not an agency for\npurposes of that Act.  See 5 U.S.C. §§ 551(1)(A), 552(f); FCC v. Fox Television Stations, Inc.,\n556 U.S. 502, 524, 525 n.6 (2009) (plurality) (FOIA “does not apply to Congress” because\nstatutory definition of agency “specifically excludes the Congress”); American Civil Liberties\nUnion v. CIA, 823 F.3d 655, 658 (D.C. Cir. 2016) (“Congress is not an ‘agency’ under FOIA\nand, therefore, congressional documents are not subject to FOIA’s disclosure requirements.”);\nUnited We Stand America, Inc. v. Internal Revenue Serv., 359 F.3d 595, 597 (D.C. Cir. 2004)\n(“Because Congress is not an agency, congressional documents are not subject to FOIA’s\ndisclosure requirement.”); Mayo v. U.S. Government Printing Office, 9 F.3d 1450, 1451 (9th Cir.\n1993).  \nAccordingly, congressional records, including the records of the Senate, are not available\nunder the FOIA, and we are therefore unable to respond favorably to your request for records.\nSincerely,\nVivian M. Rivera",
      "summary": "",
      "sourceKind": "binder-fragment",
      "page": 1329,
      "sha256": "c5c499faabd0ae27f653855791dcdec785ee61f2622b744608aa1866a7209928"
    }
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