To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Freedom of Information Officers
Subject: Comprehensive FOIA Request for Connecticut Medicaid Acquired Brain Injury Waiver Program Records
Dear Freedom of Information Officers,
I 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.
In 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.
Scope of Request:
Legislative Records:
All bills, amendments, resolutions, legislative proposals, and legislative history related to the Connecticut Medicaid ABI Waiver Program.
Voting records of all state and federal legislators on any legislation affecting the Medicaid ABI Waiver Program.
Minutes, transcripts, and audio/video recordings of meetings, hearings, or discussions where the Medicaid ABI Waiver Program was a topic.
Public Records:
Comprehensive reports, studies, assessments, and evaluations on the Connecticut Medicaid ABI Waiver Program.
Budget 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).
All contracts, agreements, memoranda of understanding, and intergovernmental agreements involving the administration or management of the Medicaid ABI Waiver Program.
Correspondence:
All emails, letters, and other forms of communication, including internal and external, regarding the Medicaid ABI Waiver Program.
Internal memoranda, briefing documents, policy directives, and decision-making correspondence related to the oversight and implementation of the program.
Personnel Records:
Non-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.
Organizational charts detailing the structure and personnel responsible for managing the Medicaid ABI Waiver Program within relevant state and federal agencies.
Program Information:
All 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.
Implementation plans, performance metrics, outcome reports, and evaluation summaries regarding the effectiveness of the program.
Comprehensive data sets related to enrollment, utilization, demographic information, and outcomes of beneficiaries participating in the Medicaid ABI Waiver Program.
Special Requests:
Expedited 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.
Electronic 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.
Fee Waiver Request:
I 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.
Relevant Laws:
This FOIA request, and the accommodations I am requesting, are governed by the following laws and regulations:
Freedom of Information Act (5 U.S.C. 552) Governing the right to request access to federal records.
Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et seq.) Ensuring equal access for individuals with disabilities, including in communication.
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) Prohibiting discrimination based on disability in programs receiving federal funding.
Privacy Act of 1974 (5 U.S.C. 552a) Protecting personal privacy in records maintained by federal agencies.
Medicaid Statute (Title XIX of the Social Security Act) (42 U.S.C. 1396 et seq.) Governing Medicaid programs, including waivers like the ABI Waiver.
Connecticut Freedom of Information Act (C.G.S. 1-200 to 1-242) Governing the right to request access to state records.
Connecticut Budget Transparency Laws (C.G.S. 4-66) Requiring public disclosure of state budget allocations and financial reports.
CMS Regulations (42 CFR 440.180) Governing the administration of home and community-based services waiver programs, including the ABI Waiver.
Executive Order 13392 ("Improving Agency Disclosure of Information") Mandating federal agencies to improve FOIA processing.
Non-Waiver of Rights:
This 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.
Thank you for your prompt attention to this request and for accommodating my needs.
Sincerely,
David Medeiros
ABI Resources
Departments of Submission:
State of Connecticut Agencies:
Connecticut Department of Social Services (DSS)
Email: foia.dss@ct.gov
Department: Department of Social Services
Connecticut Office of the Attorney General
Email: attorney.general@ct.gov
Department: Office of the Attorney General
Connecticut General Assembly (CGA)
Email: foia@cga.ct.gov
Department: Connecticut General Assembly
Connecticut Office of Policy and Management (OPM)
Email: opm.foia@ct.gov
Department: Office of Policy and Management
Connecticut Department of Public Health (DPH)
Email: dph.foi@ct.gov
Department: Department of Public Health
Federal Agencies:
U.S. Department of Health and Human Services (HHS)
Email: HHS_FOIA@hhs.gov
Department: U.S. Department of Health and Human Services
Centers for Medicare & Medicaid Services (CMS)
Email: FOIA_Request@cms.hhs.gov
Department: Centers for Medicare & Medicaid Services
U.S. Department of Justice (DOJ)
Email: foia.requests@usdoj.gov
Department: U.S. Department of Justice
U.S. Department of Housing and Urban Development (HUD)
Email: foiarequests@hud.gov
Department: U.S. Department of Housing and Urban Development
U.S. Department of Labor (DOL)
Email: foiarequests@dol.gov
Department: U.S. Department of Labor
Federal Trade Commission (FTC)
Email: FOIA@ftc.gov
Department: Federal Trade Commission
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In 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.
Thank 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.
Sincerely,
DAVID MEDEIROS
Formal FOIA Appeal and Demand for Immediate Compliance Connecticut Medicaid ABI Waiver Program Records
Date: November 12, 2024
To: FOIA Appeals Officer, U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services
From: David Medeiros, ABI Resources
To the FOIA Appeals Officer:
I am submitting this formal appeal due to the Centers for Medicare & Medicaid Services (CMS) failure to respond to my FOIA request, dated October 17, 2024, regarding records related to the Connecticut Medicaid Acquired Brain Injury (ABI) Waiver Program. CMSs non-response within the statutory period constitutes a clear violation of federal FOIA requirements (5 U.S.C. 552). Furthermore, CMS has neglected legally mandated ADA accommodations requested under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA), which are essential for my equitable access to these public records due to a documented disability.
This appeal is filed to compel CMSs compliance with both FOIA and ADA requirements, and I demand prompt action to produce the requested records, adhere to ADA accommodations, and expedite processing as required.
1. Violation of FOIA Statutory Response Requirements
Non-Compliance with FOIAs Statutory Obligations
Federal FOIA mandates that agencies respond within 20 business days to requests by either providing access to records, issuing a response with a timeline, or explaining any grounds for withholding. CMSs complete failure to respond is a violation of 5 U.S.C. 552(a)(6)(A), which mandates timely acknowledgment and processing of FOIA requests. CMSs non-compliance may prompt judicial review, as provided under 5 U.S.C. 552(a)(4)(B), to address improperly withheld records.
Demand: I demand that CMS comply with FOIA by immediately providing access to the requested records or issuing a formal response that includes specific statutory justifications for any denials. I expect acknowledgment of this appeal and CMSs compliance confirmations within 10 business days of receipt. Further non-compliance will prompt escalation to the Office of Government Information Services (OGIS) for enforcement.
2. Failure to Adhere to ADA and Rehabilitation Act Accommodations
Non-Compliance with Required ADA Accommodations
In my initial FOIA request, I specified ADA accommodations under Section 504 of the Rehabilitation Act (29 U.S.C. 794) and Title II of the ADA (42 U.S.C. 12131 et seq.) due to a traumatic brain injury (TBI). These accommodations are legally required and non-negotiable, ensuring accessible and equitable participation in the FOIA process. CMSs disregard for these ADA requirements represents a serious violation of my rights.
Requested ADA Accommodations (Non-Negotiable):
Email-Only Communication via MuckRock Platform: All responses, updates, and records must be sent exclusively via email to support accessibility. No physical mail, phone calls, or portals may be used, as these methods impose barriers.
Direct Text in Email Body: Where possible, response text must be embedded directly in the email body to ensure immediate readability and accessibility. Attachments alone are insufficient and must supplementnot replacethe response text.
PDF Attachments for Documents: All documents must be provided as clearly labeled PDF attachments, organized by date and document type, and retaining original formatting to ensure clarity and navigability.
Simplified Summaries for Complex Records: For documents containing complex legal, financial, or procedural content, simplified summaries must accompany the records to facilitate comprehension.
Identification of Responsible Personnel: All responses must include the names, titles, and contact information of FOIA officers, decision-makers, and supervisory personnel involved, ensuring transparency and accountability.
Detailed Justifications for Redactions and Denials: Any redacted or withheld information must include detailed explanations, citing specific statutory exemptions as outlined under 5 U.S.C. 552(b), with sufficient detail to enable verification of each exemptions applicability.
Expedited Processing: Due to the public interest nature of this request and ADA compliance requirements, this appeal requires expedited processing under 5 U.S.C. 552(a)(6)(E) and Executive Order 13392.
Confirmation of Accommodation Compliance: Upon receipt of this appeal, CMS must confirm that each ADA accommodation will be strictly adhered to in all responses and communications.
CMSs continued failure to comply with these ADA accommodations is a violation of the Rehabilitation Act and the ADA. I am formally documenting this non-compliance for the Office for Civil Rights (OCR) and will escalate if CMS continues to ignore ADA requirements.
3. FOIA Requirements to Locate and Produce Requested Records
The following records, specified in my initial request, are subject to mandatory disclosure under FOIA due to their relevance to publicly funded programs and government oversight:
Legislative Records: CMS must produce legislative records, including bills, amendments, and voting records on the Connecticut ABI Waiver Program, as they are subject to FOIA under 5 U.S.C. 552.
Financial Oversight Records: As Medicaid is federally funded, records regarding budget allocations, audits, and expenditures for the ABI Waiver Program are public documents, subject to disclosure under 42 U.S.C. 1396 et seq..
Interagency and Contractor Correspondence: Communications between CMS, the Connecticut Department of Social Services (DSS), and contractors (e.g., Accenture, Manatt) concerning the ABI Waiver Programs administration and oversight are also subject to FOIA under 5 U.S.C. 552 and 42 CFR 440.180.
Demand: CMS is required to locate and produce all requested records in these categories. If any records are managed by another department, CMS must identify the responsible agency and provide contact information in compliance with 5 U.S.C. 552(a)(3).
4. Filing with OGIS and the Office for Civil Rights
In the absence of a timely and comprehensive response, I will escalate to both OGIS and the Office for Civil Rights (OCR). OGIS holds the authority to enforce FOIA compliance, while OCR can enforce ADA compliance if CMS fails to provide reasonable accommodations. I will pursue this recourse if necessary.
5. Justification for Expedited Processing and Fee Waiver
Legal Basis for Expedited Processing and Fee Waiver
This request serves the public interest by advancing oversight of Medicaid program administration, which impacts a vulnerable population. Expedited processing is required under 5 U.S.C. 552(a)(6)(E) when a request serves a significant public interest, and this request qualifies for a fee waiver under 5 U.S.C. 552(a)(4)(A)(iii) and Executive Order 13392.
Demand: I request immediate confirmation of both expedited processing and fee waiver approval, as justified by the legal grounds for this request.
6. Certification of Compliance and Immediate Action Required
Pursuant to 5 U.S.C. 552(a)(3) and Executive Order 13392, I formally demand that CMS promptly:
Acknowledge Receipt of this Appeal and confirm immediate compliance with FOIA obligations,
Commit to Full ADA Accommodation Compliance as outlined in my original request and reiterated here,
Disclose All Requested Records or provide legal justifications for any withholdings,
Confirm Expedited Processing and Fee Waiver Approval, and
Identify Responsible FOIA Personnel involved in this response, including their roles and contact information.
Failure to comply with this appeal will lead to immediate escalation to OGIS and OCR, with full documentation of CMSs FOIA and ADA non-compliance.
Thank you for your attention to this matter. Full compliance with FOIA, ADA, and Rehabilitation Act obligations is both anticipated and legally required.
Sincerely,
David Medeiros
Founder, ABI Resources
Email: AabiWR@live.com
39 Kings HWY STE C
Gales Ferry, CT 06335
12.04.2024 Subject: Appeal Immediate Compliance Required with ADA Accommodations and FOIA Obligations
Dear FOIA Officer
I 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.
Accommodations Previously Requested
The following accommodations, explicitly outlined in prior communications, remain unfulfilled:
Exclusive Use of MuckRock Platform
Requested: All communications must be routed exclusively through the MuckRock platform. No external portals, password-protected links, or alternate communication methods are acceptable.
Non-Compliance: Communications have directed me to use external portals and password-protected links, violating ADA guidelines and my explicit requests.
Accessible Document Formatting
Requested: All documents must be provided as screen-reader compatible PDFs, properly labeled and indexed for ease of navigation and accessibility.
Non-Compliance: Provided documents have not adhered to accessibility standards, preventing effective access to critical information.
Simplified Summaries for Complex Records
Requested: Simplified summaries must accompany all complex or technical records to enhance comprehension and ensure equitable participation.
Non-Compliance: No summaries have been provided, creating unnecessary barriers to understanding the records.
Identification of Responsible Personnel
Requested: Each communication must include the name, title, and role of the individual responsible for processing or responding to my requests.
Non-Compliance: Correspondence has consistently lacked this information, hindering accountability and effective follow-up.
Immediate Action Required
To rectify these ongoing failures and ensure compliance with federal laws, I demand the following actions be taken without delay:
Transition All Communications to MuckRock
Immediately cease the use of external portals or non-compliant communication methods and ensure all responses are routed exclusively through the MuckRock platform.
Provide Accessible Documents
Reformat and resend all previously provided documents as screen-reader compatible PDFs, properly labeled and indexed to ensure accessibility.
Include Simplified Summaries
Provide simplified summaries for all complex or technical records, both previously shared and in future communications, to ensure accessibility and equitable participation.
Identify Responsible Personnel
Include the name, title, and role of the individual responsible for every communication moving forward to ensure transparency and accountability.
Legal Basis for Compliance
Your office is legally obligated to comply with these accommodations under the following statutes and principles:
Americans 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.
Freedom of Information Act (FOIA): 5 U.S.C. 552 requires transparency, accessibility, and adherence to procedural fairness.
Constitutional 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.
Executive Order 13392: Mandates improved agency disclosure of information to enhance transparency and accountability.
Deadline for Compliance
Your 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:
Formal Complaints: Filing with the U.S. Department of Justice and the Office for Civil Rights.
Judicial Remedies: Seeking injunctive relief and damages for ADA and FOIA violations.
Public Advocacy: Reporting systemic failures to oversight agencies, media, and advocacy organizations.
Conclusion
This 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.
Thank you for your immediate attention to this matter. I look forward to your response and resolution by the stated deadline.
Sincerely,
David Medeiros
Founder, ABI Resources
DB.42.131.Inf.
CC
Federal Officials
Merrick B. Garland
Title: U.S. Attorney General
Contact: Department of Justice Contact Page
Kristen Clarke
Title: Assistant Attorney General, Civil Rights Division
Contact: Civil Rights Division Contact Page
Xavier Becerra
Title: Secretary, U.S. Department of Health and Human Services (HHS)
Contact: HHS Contact Page
Chiquita Brooks-LaSure
Title: Administrator, Centers for Medicare & Medicaid Services (CMS)
Contact: CMS Contact Page
Lisa M. Gomez
Title: Assistant Secretary, Employee Benefits Security Administration
Contact: EBSA Contact Page
Michael E. Horowitz
Title: Inspector General, U.S. Department of Justice
Contact: DOJ OIG Contact Page
Christi Grimm
Title: Inspector General, U.S. Department of Health and Human Services
Contact: HHS OIG Contact Page
Gene L. Dodaro
Title: Comptroller General, U.S. Government Accountability Office (GAO)
Contact: GAO Contact Page
Connecticut State Officials
Ned Lamont
Title: Governor, State of Connecticut
Contact: Governor's Contact Page
William Tong
Title: Attorney General, State of Connecticut
Contact: Attorney General's Contact Page
Andrea Barton Reeves
Title: Commissioner, Connecticut Department of Social Services (DSS)
Contact: DSS Contact Page
Manisha Juthani, MD
Title: Commissioner, Connecticut Department of Public Health
Contact: DPH Contact Page
Jeffrey R. Beckham
Title: Secretary, Connecticut Office of Policy and Management
Contact: OPM Contact Page
Congressional Oversight Committees
House Committee on Oversight and Accountability
Chair: James Comer (R-KY)
Contact: Committee Contact Page
Senate Committee on Homeland Security and Governmental Affairs
Chair: Gary Peters (D-MI)
Contact: Committee Contact Page
House Subcommittee on Civil Rights and Civil Liberties
Chair: Jamie Raskin (D-MD)
Contact: Subcommittee Contact Page
Senate Judiciary Committee
Chair: Dick Durbin (D-IL)
Contact: Committee Contact Page
Escalated Legal Complaint and Appeal
*** 10/17/2024 Subject: Freedom of Information Act Request: Subject: Comprehensive FOIA Request for Connecticut Medicaid Acquired Brain Injury Waiver Program Records (Department of Health and Human Services, Centers for Medicare & Medicaid Services)
What Was Asked For
Legislative Records
Bills, amendments, resolutions, legislative history, and voting records concerning the Connecticut Medicaid Acquired Brain Injury (ABI) Waiver Program.
Minutes, transcripts, and recordings of public hearings and discussions related to the program.
Public Records and Financial Oversight
Comprehensive program assessments, budget allocations, expenditure reports, and audit results as mandated by Connecticut Budget Transparency Laws (C.G.S. 4-66) and FOIA (5 U.S.C. 552).
All contracts, agreements, and memoranda of understanding regarding the ABI Waiver Program.
Correspondence
Internal and external communications, including emails, letters, and briefing documents regarding the ABI Waiver Program.
Personnel Records
Non-confidential employment records (job descriptions, qualifications, evaluations) of individuals overseeing the program.
Organizational charts for program management within state and federal agencies.
Program Information
Guidelines, protocols, compliance reviews, and performance metrics for program effectiveness.
Enrollment data, utilization trends, demographic information, and program outcomes.
Specific Accommodations Requested
Screen-reader-compatible PDF documents.
Simplified summaries for complex or technical records.
Communication exclusively via the MuckRock platform to avoid inaccessible portals.
What Was Not Given
Lack of Records
No legislative records or transcripts were provided.
Financial audit reports, budget allocations, and expenditure records were not disclosed.
Communications and agreements between agencies were withheld.
ADA Accommodations Ignored
Documents were not provided in screen-reader-compatible formats.
Simplified summaries for technical records were not included.
Communication was directed to inaccessible platforms (portals and external links), contrary to ADA requests.
Inadequate Responses
Delayed responses far beyond the statutory deadline of 20 business days under 5 U.S.C. 552(a)(6)(A).
Failure to cite specific exemptions under 5 U.S.C. 552(b) for any withheld information.
Why This Is Wrong
Violation of FOIA Requirements
Timely Response Obligation
Federal law requires agencies to respond to FOIA requests within 20 business days. CMS and other agencies failed to meet this statutory deadline.
This delay constitutes a direct violation of 5 U.S.C. 552(a)(6)(A).
Mandatory Disclosure
FOIA mandates disclosure of records unless specific exemptions apply. Failure to provide requested records without citing statutory exemptions under 5 U.S.C. 552(b) is unlawful.
Transparency Obligation
Government programs funded by taxpayer dollars, such as Medicaid, must operate transparently under the Federal Funding Accountability and Transparency Act (31 U.S.C. 6101 et seq.). Withholding financial audits and agreements undermines public accountability.
Violation of ADA and Rehabilitation Act Requirements
Reasonable Accommodations Mandate
Title II of the ADA (42 U.S.C. 12132) and Section 504 of the Rehabilitation Act (29 U.S.C. 794) require agencies to provide reasonable accommodations for individuals with disabilities.
Failure to provide accessible formats (e.g., screen-reader-compatible PDFs) and simplified summaries is a clear breach of these laws.
Denial of Equal Access
Directing communications to inaccessible portals and ignoring requested accommodations excluded equitable participation, violating ADA standards.
Constitutional Violations
First Amendment
The denial of FOIA records obstructs the publics right to petition the government for redress, as upheld in NARA v. Favish, 541 U.S. 157 (2004).
Fifth Amendment
Denial of ADA accommodations violates due process rights, as it creates barriers to accessing essential government services.
Fourteenth Amendment
Exclusionary practices in denying ADA accommodations and program participation constitute discrimination, violating the Equal Protection Clause.
Failure to Address Whistleblower Disclosures
Suppression of Evidence
Delayed or incomplete responses to whistleblower-related FOIA requests undermine the Whistleblower Protection Act (5 U.S.C. 2302(b)(8)) and the False Claims Act (31 U.S.C. 3729).
Obstruction of Justice
Suppression of complaints and failure to investigate whistleblower claims (e.g., misuse of Medicaid funds) constitutes obstruction of justice under 18 U.S.C. 1505.
Conclusion
The failure to provide requested records, comply with ADA accommodations, and adhere to statutory deadlines is unlawful under FOIA, the ADA, the Rehabilitation Act, and constitutional provisions. This non-compliance obstructs public accountability, undermines whistleblower protections, and perpetuates systemic exclusion of individuals with disabilities.
Date: January 7, 2025
01.07.2025
From: David Medeiros, Founder, ABI Resources
To All:
I. Constitutional Rights Violations
Legal Basis:
First Amendment: Protects the right to petition the government for redress of grievances, including access to public records.
Relevant Statute: 5 U.S.C. 552 (Freedom of Information Act).
Fifth Amendment: Guarantees due process, including equitable access to government processes.
Fourteenth Amendment: Mandates equal protection and prohibits discriminatory practices by public entities.
Documented Violations:
FOIA Non-Compliance:
Systematic failure to meet statutory deadlines under 5 U.S.C. 552(a)(6)(A), obstructing access to records critical for Medicaid ABI Waiver oversight.
ADA Violations:
Denial of reasonable accommodations (e.g., screen-reader-compatible documents, simplified summaries) violates 42 U.S.C. 12132 and 29 U.S.C. 794, excluding individuals with disabilities from meaningful participation.
Demands:
Investigation: Immediate DOJ inquiry into systemic violations of constitutional rights and statutory obligations.
Compliance: Release all FOIA-requested records in ADA-compliant formats within 10 business days.
Key Case Law:
Tennessee v. Lane, 541 U.S. 509 (2004): ADA Title II extends protections to public services, requiring accessible participation.
NARA v. Favish, 541 U.S. 157 (2004): Establishes transparency under FOIA as a constitutional safeguard for public oversight.
Escalation Measures for Non-Compliance:
Filing complaints with:
Office for Civil Rights (OCR): ADA violations.
Office of Government Information Services (OGIS): FOIA delays and non-compliance.
Judicial action seeking:
Injunctive relief under 5 U.S.C. 552(a)(4)(B) for FOIA violations.
Damages under 42 U.S.C. 12133 for ADA non-compliance.
II. Whistleblower Protections
Legal Basis:
Whistleblower Protection Act (5 U.S.C. 2302(b)(8)): Prohibits retaliation for exposing government misconduct.
False Claims Act (31 U.S.C. 3729): Protects individuals who report misuse of federal funds.
Documented Violations:
Retaliation:
Whistleblowers exposed mismanagement within the Medicaid ABI Waiver Program (e.g., DI-12112024134) and faced public denials of accommodations and retaliatory actions.
Suppression of Evidence:
Delayed or incomplete FOIA responses obstruct whistleblower disclosures, violating transparency obligations.
Demands:
Investigation: Comprehensive DOJ and OIG investigations into whistleblower retaliation and suppression of disclosures.
Remedies: Immediate corrective action, including enforcement of whistleblower protections.
Key Case Law:
Garcia v. Department of Homeland Security, 659 F.3d 1176 (2011): Protects whistleblowers from retaliatory actions under federal law.
Escalation Measures:
Referral to the Office of Special Counsel (OSC) to enforce whistleblower protections.
Criminal investigation into obstruction of justice under 18 U.S.C. 1505.
III. Taxpayer Oversight Rights
Legal Basis:
Federal Funding Accountability and Transparency Act (31 U.S.C. 6101 et seq.): Requires transparency in federally funded programs.
42 U.S.C. 1983: Allows redress for violations of federally protected rights under color of law.
Documented Violations:
Financial Mismanagement:
Failure to disclose audits, expenditure records, and budget allocations related to Medicaid ABI Waiver funds, fostering fraud and waste.
Obstruction of Accountability:
Lack of transparency in financial oversight violates statutory requirements for public accountability.
Demands:
Audit: GAO-led forensic audit of Medicaid ABI Waiver expenditures.
Transparency: Public release of audit findings and immediate remedial actions.
Key Case Law:
Board of County Commissioners v. Brown, 520 U.S. 397 (1997): Establishes liability for systemic financial failures in government administration.
IV. ADA Rights Violations
Legal Basis:
ADA Title II (42 U.S.C. 12132): Prohibits discrimination in public programs and requires reasonable accommodations.
Section 504 of the Rehabilitation Act (29 U.S.C. 794): Mandates equitable access to federally funded programs.
Documented Violations:
Accessibility Failures:
Repeated denial of screen-reader-compatible documents and simplified summaries for FOIA requests.
Discriminatory Practices:
Exclusionary behavior at public forums violated ADA Title II protections.
Demands:
Compliance: DOJ Civil Rights Division enforcement of systemic ADA compliance.
Training: Mandatory ADA training for all staff and policymakers overseeing public programs.
Key Case Law:
Alexander v. Choate, 469 U.S. 287 (1985): Emphasizes meaningful access to public services as an ADA requirement.
V. Civil Rights Violations
Legal Basis:
Civil Rights Act of 1964 (42 U.S.C. 2000d): Prohibits discrimination in federally funded programs.
Equal Protection Clause: Prevents discriminatory treatment by public entities.
Documented Violations:
Discrimination:
Unequal treatment of Medicaid ABI Waiver participants, including public humiliation by officials.
Systemic Exclusion:
Practices restricting access to essential services.
Demands:
Intervention: Federal oversight to eliminate discriminatory practices.
Corrective Actions: Public acknowledgment and systemic reforms to restore equity.
Key Case Law:
Olmstead v. L.C., 527 U.S. 581 (1999): Mandates elimination of discriminatory barriers in public programs.
VI. General Remedies Sought
Accountability Measures:
Identification and discipline of personnel responsible for non-compliance.
Transparency Enforcement:
Release of all FOIA-requested records in ADA-compliant formats.
Justifications for any denials under 5 U.S.C. 552(b).
Systemic Reforms:
ADA training for staff, policy revisions, and procedural overhauls.
Independent oversight of program administration.
Restorative Justice:
Compensation for harm caused by systemic failures and public discrimination.
David Medeiros
Founder, ABI Resources
ADA Accommodations Request
This request includes explicit ADA accommodations to address cognitive processing challenges resulting from my traumatic brain injury (TBI). These accommodations are legally required under Title II of the ADA (42 U.S.C. 12132) and Section 504 of the Rehabilitation Act (29 U.S.C. 794).
Requested ADA Accommodations
To ensure accessibility and compliance with ADA standards (42 U.S.C. 12101 et seq.), I request the following accommodations for all communications and records:
Screen-Reader Compatible Formats
All documents must be provided in properly labeled PDFs or plain-text files.
Ensure that the documents are screen-reader compatible and retain clear, accessible formatting.
Exclusive MuckRock Platform Communication
All communications must occur exclusively via the MuckRock platform.
Do not send external links, emails, portals, passwords, codes, or require phone calls for access.
Text Embedded in Email Bodies
Key information must be embedded directly in the email body to facilitate comprehension and accessibility.
Simplified Summaries
Provide plain-language summaries for complex or legal documents to ensure clarity and understanding.
Identification of Responsible Officers
Include the full name, title, and contact information of all responsible officers handling this request.
Non-Negotiable Compliance
These accommodations are non-negotiable and are essential for ensuring equal access to information. Failure to provide the requested accommodations may constitute a violation of the ADA and the Rehabilitation Act. Thank you for ensuring compliance and accessibility in addressing this request.
CC:
DOJ Civil Rights Division
Centers for Medicare & Medicaid Services (CMS)
GAO Oversight Committees
Office for Civil Rights (OCR)
Office of Special Counsel (OSC)
CC:
Andrea Barton Reeves, DSS Commissioner
Governor Ned Lamont
Attorney General William Tong
Senator Richard Blumenthal
Senator Chris Murphy
U.S. Department of Justice Civil Rights Division
Connecticut Freedom of Information Commission (FOIC)
Office of Government Information Services (OGIS)
CC List
Federal Oversight
Merrick Garland, U.S. Attorney General
Kristen Clarke, Assistant Attorney General, Civil Rights Division
Michael E. Horowitz, Inspector General, DOJ
Gene L. Dodaro, Comptroller General, GAO
Congressional Committees
House Committee on Oversight and Accountability
Senate Committee on Homeland Security and Governmental Affairs
Senate Judiciary Committee
Advocacy Organizations
Office of Government Information Services (OGIS)
Transparency and Civil Rights Watchdogs
CC:
William Tong, Attorney General of Connecticut
Andrea Barton Reeves, Commissioner, DSS
Alina M. Semo, Director, OGIS
Aundra Luckey, Chief, FOIA/PA Branch, DOJ
CMS and OCR Leadership
CC: Congressional Oversight Committees, DOJ Civil Rights Division, OGIS, and relevant stakeholders.
Copies To:
Office of the Attorney General, Connecticut
Connecticut Department of Social Services
Centers for Medicare & Medicaid Services
Office of Government Information Services (OGIS)
CC: Oversight and Accountability Authorities
Robert F. Kennedy Jr.
Title: Secretary of Health and Human Services (HHS) (Nominated)
Email: kennedy.robert@hhs.gov
Office Address: U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Washington, DC 20201
Phone: (877) 696-6775
Kash Patel
Title: Director of the Federal Bureau of Investigation (FBI) (Nominated)
Email: kash.patel@fbi.gov
Office Address: FBI Headquarters, 935 Pennsylvania Avenue, NW, Washington, DC 20535-0001
Phone: (202) 324-3000
Dr. Mehmet Oz
Title: Administrator of the Centers for Medicare & Medicaid Services (CMS) (Nominated)
Email: dr.oz@cms.hhs.gov
Office Address: Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244
Phone: (800) 633-4227
Vivek Ramaswamy
Title: Co-Chair, Department of Government Efficiency (DOGE)
Email: vivek.ramaswamy@doge.gov
Office Address: Department of Government Efficiency, 1600 Pennsylvania Avenue NW, Washington, DC 20500
Phone: (202) 456-1414
Elon Musk
Title: Co-Chair, Department of Government Efficiency (DOGE)
Email: elon.musk@doge.gov
Office Address: Department of Government Efficiency, 1600 Pennsylvania Avenue NW, Washington, DC 20500
Phone: (202) 456-1414
State of Connecticut
Ned Lamont
Title: Governor of Connecticut
Phone: (860) 566-4840
Email: governor.lamont@ct.gov
William Tong
Title: Attorney General of Connecticut
Phone: (860) 808-5318
Email: attorney.general@ct.gov
Andrea Barton Reeves
Title: Commissioner, Connecticut Department of Social Services (DSS)
Phone: (860) 424-5053
Email: andrea.bartonreeves@ct.gov
Connecticut Freedom of Information Commission (FOIC)
Phone: (860) 566-5682
Email: foi@ct.gov
Matthew S. Antonetti
Title: Legal Director, Connecticut Department of Social Services
Phone: (860) 424-5386
Email: matthew.antonetti@ct.gov
U.S. Department of Health and Human Services (HHS)
Xavier Becerra
Title: Secretary, U.S. Department of Health and Human Services
Phone: (202) 690-7000
Email: HHS_FOIA@hhs.gov
Chiquita Brooks-LaSure
Title: Administrator, Centers for Medicare & Medicaid Services (CMS)
Phone: (410) 786-3000
Email: FOIA_Request@cms.hhs.gov
Lisa Pino
Title: Director, Office for Civil Rights (OCR), HHS
Phone: (800) 368-1019
Email: ocrmail@hhs.gov
Emmett Nicholson
Title: Senior Medicaid Compliance Official, Centers for Medicare & Medicaid Services (CMS)
Phone: (410) 786-7623
Email: emmett.nicholson@cms.hhs.gov
Michelle A. James
Title: Medicaid Oversight Official, CMS
Phone: (410) 786-3033
Email: michelle.james@cms.hhs.gov
U.S. Department of Justice (DOJ)
Merrick B. Garland
Title: Attorney General, U.S. Department of Justice
Phone: (202) 514-2000
Email: doj.oag@usdoj.gov
Kristen Clarke
Title: Assistant Attorney General, Civil Rights Division
Phone: (202) 514-4609
Email: civilrights.justice@usdoj.gov
Michael E. Horowitz
Title: Inspector General, DOJ Office of Inspector General
Phone: (202) 514-3435
Email: oig.hotline@usdoj.gov
Priscilla Jones
Title: Supervisory Administrative Specialist, Office of Information Policy (OIP)
Phone: (202) 514-3642
Email: oip.foia@usdoj.gov
Michael G. Seidel
Title: Section Chief, Record/Information Dissemination Section, FBI
Phone: (202) 324-3000
Email: foipaquestions@fbi.gov
Alina M. Semo
Title: Director, Office of Government Information Services (OGIS), National Archives and Records Administration (NARA)
Phone: (202) 741-5770 | Toll-Free: 1-877-684-6448
Email: ogis@nara.gov
Congressional Oversight Committees
James Comer
Title: Chair, House Committee on Oversight and Accountability
Phone: (202) 225-5074
Email: oversightpress@mail.house.gov
Gary Peters
Title: Chair, Senate Committee on Homeland Security and Governmental Affairs
Phone: (202) 224-2627
Email: committee@hsgac.senate.gov
Jamie Raskin
Title: Chair, House Subcommittee on Civil Rights and Civil Liberties
Phone: (202) 225-5341
Email: civilrights@mail.house.gov
Dick Durbin
Title: Chair, Senate Judiciary Committee
Phone: (202) 224-2152
Email: judiciary@senate.gov
Rosa DeLauro
Title: Ranking Member, House Appropriations Committee
Phone: (202) 225-3661
Email: appropriations@mail.house.gov
Bernie Sanders
Title: Chair, Senate Health, Education, Labor, and Pensions Committee
Phone: (202) 224-5141
Email: helpcommittee@senate.gov
Catherine Lhamon
Title: Chair, U.S. Commission on Civil Rights
Phone: (202) 376-7533
Email: contact@usccr.gov
Richard Blumenthal
Title: Senator, Connecticut
Phone: (202) 224-2823
Email: blumenthal@senate.gov
Chris Murphy
Title: Senator, Connecticut
Phone: (202) 224-4041
Email: murphy@senate.gov
Sincerely,
David Medeiros
Founder, ABI Resources
DB.42.131.Inf. https://www.ctbraininjury.com/blog/tags/db-42-131-inf
https://x.com/ABIresources/status/1866212331279339765 https://www.youtube.com/@ABI.RESOURCES-CT-ABI-MFP-CARE/videos?view=0&sort=dd&shelf_id=2
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DI-12192024714 DI-12112024134 FBI
Export files and attachment inventory
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