{
  "id": "176223",
  "title": "Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources LLC Ticket #539494 Following December 18, 2023, Whistleblower Report (Department of Health and Human Services)",
  "agency": "Department of Health and Human Services",
  "jurisdiction": "United States of America",
  "submitted": "2024-11-13 12:15:40.923572+00:00",
  "updated": "",
  "status": "Awaiting Response",
  "requester": "David Medeiros",
  "sourceUrl": "https://www.muckrock.com/foi/united-states-of-america-10/records-on-medicaid-billing-actions-ada-compliance-and-retaliation-against-abi-resources-llc-ticket-539494-following-december-18-2023-whistleblower-report-department-of-health-and-human-services-176223/",
  "requestText": "Comprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report\r\n\r\nSubject: Comprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report\r\nTo:\r\n\r\nFOIA Officer, Centers for Medicare & Medicaid Services (CMS)\r\nFOIA Officer, Office for Civil Rights (OCR), U.S. Department of Health and Human Services (HHS)\r\nFOIA Officer, Civil Rights Division, U.S. Department of Justice (DOJ)\r\nFOIA Officer, Office of Special Counsel (OSC)\r\nFOIA Officer, Connecticut Department of Social Services (DSS)\r\nFOIA Officer, Office of Inspector General (OIG), Department of Health and Human Services (HHS)\r\nSummary of FOIA Request\r\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.\r\n\r\nPurpose of Request\r\nThis request seeks complete, unredacted records to establish evidence of:\r\n\r\nRetaliatory Actions: Impacts on ABI Resources, including Medicaid billing restrictions, program changes, and ticket closures.\r\nADA Non-Compliance: Documenting any failures by DSS, CMS, and associated entities in providing accessible communication for David Medeiros.\r\nFOIA Procedural Violations: Highlighting instances of partial responses and unsupported denials of relevant records.\r\nScope of Records Sought\r\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.\r\n\r\n1. Medicaid Billing Suspension and Sandata EVV Ticket #539494 (CMS and DSS)\r\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.\r\n\r\nComplete Documentation of Sandata EVV Ticket #539494: All records associated with Ticket #539494, including:\r\n\r\nInitial ticket details, problem descriptions, resolution requests, and follow-ups.\r\nCommunications detailing each stage of the ticket’s handling, the reason for marking it “resolved,” and personnel involved in closing it.\r\n2. Retaliatory Actions Following December 18, 2023, Whistleblower Report (DSS, CMS, DOJ, OSC)\r\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.\r\n\r\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.\r\n\r\n3. ADA Compliance Documentation and Accommodation Requests (OCR, DOJ, DSS, CMS)\r\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.\r\n\r\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.\r\n\r\n4. Records on Program Changes Impacting ABI Resources (DSS, CMS)\r\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.\r\n5. Documentation of Specific Individuals’ Involvement (All Relevant Agencies)\r\nRecords Involving Named Personnel:\r\nAndrea Barton Reeves, Commissioner, DSS\r\nMatthew S. Antonetti, Legal Director, DSS\r\nAstread Ferron-Poole, DSS Associate\r\nMichelle A. James and Emmett Nicholson, CMS officials overseeing Medicaid compliance\r\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.\r\n\r\nLegal Basis for FOIA Request and Compliance Mandates\r\n1. FOIA Compliance (5 U.S.C. § 552)\r\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.\r\n\r\n2. ADA Compliance Obligations (42 U.S.C. § 12132; 28 C.F.R. § 35.160)\r\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 CMS’s failure to meet these requests for ADA accommodations in communications constitutes non-compliance under federal ADA statutes.\r\n\r\n3. Federal Whistleblower Protection Standards\r\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.\r\n\r\nSpecific Demands for Compliance\r\nTo ensure adherence to FOIA and ADA mandates, and to facilitate the transparency required by federal and state law, I formally request:\r\n\r\nDelivery of ADA-Compliant Records in Full:\r\n\r\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.\r\nDirect Text in Email Body: Embed response text directly in the email body for immediate readability and accessibility.\r\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.\r\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.\r\n\r\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.\r\n\r\nRequest for Expedited Processing of FOIA Request\r\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.\r\n\r\nFailure to grant expedited processing within the statutory 10-day review period will constitute non-compliance with FOIA’s provisions, necessitating formal escalation of this request to administrative or legal authorities.\r\n\r\nConsequences of Non-Compliance\r\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.\r\n\r\nConclusion\r\n\r\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.\r\n\r\nSincerely,\r\nDavid Medeiros\r\nFounder, ABI Resources, LLC",
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      "date": "",
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      "subject": "Preserved binder fragment — page 747",
      "text": "Dear DAVID MEDEIROS, \nYour profile has been created in the HHS FOIA Submission Site and an email has been sent to the email address \nprovided with a link to create your password to access your profile. Go to https://requests.publiclink.hhs.gov once you \nhave created your password. \nUser Name: 176223-39868678@requests.muckrock.com \nIf you have any previously submitted requests to U.S. Department of Health & Human Services you will be able to view \nthem when you login.\nRegards, \nU.S. Department of Health & Human Services",
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      "text": "DEPARTMENT OF HEALTH & HUMAN SERVICES          Office of the Secretary\nAssistant Secretary for Public Affairs\nWashington, D.C. 20201\nHHS Case No: 2025-00638-FOIA-OS\nNovember 21, 2024\nSent via email:\nDavid Medeiros \n176223-39868678@requests.muckrock.com\nDear David Medeiros:\nThis acknowledges receipt of your November 18, 2024, Freedom of Information Act (FOIA) \nrequest, submitted to the Department of Health and Human Services (HHS), FOI/Privacy Acts \nDivision concerning “This FOIA request demands comprehensive documentation regarding \nretaliatory actions, ADA non-compliance, and procedural violations by the Connecticut \nDepartment of Social Services (DSS) and the Centers for Medicare & Medicaid Services (CMS) \nfollowing a whistleblower report submitted by David Medeiros, founder of ABI Resources, LLC, \non December 18, 2023. It further seeks records held by federal oversight agencies on related \nactions, communications, and decisions.” We received your request on November 18, 2024.\nBecause you seek records which require a search in another office, “unusual circumstances” \napply to your request, automatically extending the time limit to respond to your request for ten \nadditional days. See 5 U.S.C. 552 § (a)(6)(B)(i)-(iii) (2012 & Supp. V. 2017). Further, we \nestimate needing more than 10 additional days to respond to your request and so, in the next \nparagraph of this letter we are offering you an opportunity to narrow your request, in case \nnarrowing the request would enable us to respond to the request sooner. The actual time needed \nto process your request will depend on the complexity of our records search and on the volume \nand complexity of any material located. For your information, this Office assigns incoming \nrequests to one of three tracks: simple, complex, or expedited. Each request is then handled on a \nfirst-in, first-out basis in relation to other requests in the same track. Our current workload is \napproximately 3000 cases. \nYour request is assigned to the complex track. In an effort to speed up our records search, you \nmay wish to narrow the scope of your request to limit the number of potentially responsive \nrecords or agree to an alternative time frame for processing, should records be located. You may \nalso wish to await the completion of our records search to discuss either of these options. \nI regret the necessity of this delay, but I assure you that your request will be processed as soon as \npossible. If you have any questions or wish to discuss reformulation or an alternative time frame \nfor the processing of your request, you may contact the HHS FOIA office via email at \nfoiarequest@hhs.gov.",
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      "text": "DEPARTMENT OF HEALTH & HUMAN SERVICES       Office of the Secretary\nAssistant Secretary for Public Affairs\nWashington, D.C. 20201\nHHS Case No.  2025-00638-FOIA-OS\nNovember 21, 2024\nSent via email:  \nDavid Medeiros \n176223-39868678@requests.muckrock.com\n \nDear David Medeiros:\nThis is an interim response to your November 18, 2024, Freedom of Information Act (FOIA) \nrequest. You requested the following: (This FOIA request demands comprehensive \ndocumentation regarding retaliatory actions, ADA non-compliance, and procedural violations by \nthe Connecticut Department of Social Services (DSS) and the Centers for Medicare & Medicaid \nServices (CMS) following a whistleblower report submitted by David Medeiros, founder of ABI \nResources, LLC, on December 18, 2023. It further seeks records held by federal oversight \nagencies on related actions, communications, and decisions).   \nI have determined your request for expedited processing does not meet the requirements under \nthe FOIA and HHS implementing regulations and cannot be granted. The FOIA requires an \nagency expedite processing of a request only when the requester demonstrates a “compelling \nneed.”\nOur review indicates you have not clearly demonstrated a “compelling need,” because you have \nnot clearly articulated an imminent threat to the life or physical safety of an individual; and you \nalso have not demonstrated that there is an “urgency to inform the public concerning actual or \nalleged Federal activity” through a request by one primarily engaged in disseminating \ninformation to the public.  \n The law authorizes us to collect fees for responding to FOIA requests.  However, because we \nare uncertain that applicable fees will exceed our minimum charge ($25.00), we are not \naddressing your request for a fee waiver at this time.  Nevertheless, if we determine there will be \nfees associated with processing your request, we will contact you at that time. \n The Department of Health and Human Services regulations allows us to recover part of the costs \nassociated with the processing of FOIA requests.  It was determined that your request will be \nprocessed under the “General Public” category; therefore, your request may be subject to \nduplication fees at .10 cents per page after the first 100 pages of duplication.  We will notify you \nif it appears that the fees will exceed the limit in which you set.    \nIf you are not satisfied with my action on this request, you may administratively appeal this \ndenial of expedited processing. By filing an appeal, you preserve your rights under FOIA and \ngive the agency a chance to review and reconsider your request and the agency’s decision.",
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