To Whom It May Concern:
Pursuant to the Connecticut Freedom of Information Act, I hereby request the following records:
State and Federal FOIA Request for Medicaid Acquired Brain Injury (ABI) Waiver Program Provider Registry
State FOIA Request
To:
FOIA Officer and Supervisory Officers
Connecticut Department of Social Services
55 Farmington Avenue
Hartford, CT 06105
Federal FOIA Request
To:
FOIA Officer and Supervisory Officers
Centers for Medicare & Medicaid Services (CMS)
Freedom of Information Act Office
Mail Stop N2-20-16
7500 Security Boulevard
Baltimore, Maryland 21244
Re: Freedom of Information Act Request for Medicaid Acquired Brain Injury (ABI) Waiver Program Provider Registry and Related Documents
Dear FOIA Officer and Supervisory Officers,
Pursuant to the Freedom of Information Act (5 U.S.C. 552) and Connecticuts FOIA statutes (Conn. Gen. Stat. 1-200 et seq.), I am writing to request the following records related to the Medicaid Acquired Brain Injury (ABI) Waiver Program:
Requested Records:
Complete and current provider registry, including:
- Provider names
- Contact details (physical addresses, email addresses)
- Areas of specialty and services offered
- Provider enrollment dates and current status
Documents governing provider inclusion, such as:
Policies, regulations, or statutes detailing the criteria for selecting, monitoring, and removing providers from the ABI Waiver Program registry
Records of complaints, violations, or disciplinary actions, including:
Any and all records related to complaints, violations, or actions taken against providers in connection with their participation in the ABI Waiver Program
Correspondence or documentation regarding registry maintenance, including:
Documentation outlining the process and frequency of updating the registry, who is responsible for maintaining the records, and how updates are communicated to the public
Agencies to Provide Information or Enforce Compliance:
In recognition of the publics right to transparency in the administration of Medicaid and public health programs, this request emphasizes that multiple state and federal agencies may provide the requested information or compel compliance:
Connecticut Freedom of Information Commission (FOIC)
Enforces compliance with state FOIA laws.
Contact: 18-20 Trinity Street, Hartford, CT 06106
Phone: (860) 566-5682
U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
Ensures proper management of Medicaid programs and enforces civil rights laws.
Contact: 200 Independence Avenue, S.W., Washington, D.C. 20201
Phone: (800) 368-1019
Centers for Medicare & Medicaid Services (CMS)
Oversees state Medicaid programs and can compel state agencies to provide records.
Contact: FOIA_Request@cms.hhs.gov | Phone: (410) 786-5353
HHS Office of Inspector General (OIG)
Investigates fraud or abuse in Medicaid programs.
Contact: Wilbur J. Cohen Building, 330 Independence Ave., SW, Washington, D.C. 20201
Phone: (800) 447-8477
Medicaid Fraud Control Unit (MFCU) Connecticut Attorney Generals Office
Investigates Medicaid fraud or improper management.
Phone: (860) 808-5318
U.S. Department of Justice (DOJ) Civil Rights Division
Enforces ADA and other civil rights laws related to Medicaid services.
Phone: (202) 514-4609
Connecticut State Auditors of Public Accounts
Conducts audits of state agencies, including CT DSS.
Phone: (860) 240-8651
Legal Basis for Request:
This request is made under 5 U.S.C. 552 (FOIA) and Connecticuts FOIA laws (Conn. Gen. Stat. 1-200 et seq.). These statutes obligate public agencies to provide records necessary for the publics oversight of government operations, particularly those involving public health and Medicaid services.
5 U.S.C. 552: The Freedom of Information Act statute, which outlines the right to access federal agency records, the process for making requests, and the exceptions to disclosure
Request for Expedited Processing:
Given the critical need for transparency in the Medicaid ABI Waiver Program, I request expedited processing under 5 U.S.C. 552(a)(6)(E). Delays in providing this information may hinder public oversight and efforts to ensure proper care for individuals with acquired brain injuries.
Request for Accommodation and Fee Waiver:
As an individual living with a brain injury and a stroke survivor, I request reasonable accommodations under the Americans with Disabilities Act (42 U.S.C. 12101 et seq.). Please provide all requested records directly via email to AabiWR@live.com. Do not use any portals or third-party websites that pose barriers to accessing this information. I request the reasonable accommodation to know the complete names and titles of FOIA representatives communicating with me.
Additionally, I request a waiver of all fees associated with this request, as it is made in the public interest to ensure transparency and accountability in the Medicaid ABI Waiver Program, and not for commercial purposes.
Response Time:
Under federal FOIA and Connecticut public records laws, agencies are required to respond to this request within specified timeframes. Contact me exclusively via email at AabiWR@live.com.
Conclusion:
I look forward to your prompt and complete response. If you require any further information, please contact me via email at AabiWR@live.com. Thank you for your attention to this important matter.
Sincerely,
David Medeiros
Founder & Owner, ABI Resources
39 Kings HWY STE C
Gales Ferry, Connecticut, 06335
AabiWR@live.com
Key Legal Citations:
5 U.S.C. 552 (FOIA) Federal statute governing public access to government records.
Conn. Gen. Stat. 1-200 et seq. Connecticuts Freedom of Information laws.
Americans with Disabilities Act (42 U.S.C. 12101 et seq.) Ensures reasonable accommodations for individuals with disabilities.
I also request that, if possible and pursuant to Conn. Gen. Stat. 1-212(d), fees be waived as I believe this request is in the public interest and not made for commercial gain. The requested documents will be made available to the public at MuckRock.com.
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 4 business days, as the statute requires.
Sincerely,
DAVID MEDEIROS
Your request for information has been received.
The Department will respond in accordance with the requirements of the CT FOIA.
If there are any costs associated with complying with your request, an estimate will be provided to you before the records are compiled and provided to you.
Thank you,
Kelly
[cid:image001.png@01DB2601.4BBD46C0]
KELLY BARTOMIOLI
Paralegal Specialist
Communications & Legislative Management
Privacy Officer & FOIA Officer
Department of Social Services<https://portal.ct.gov/dsshome?language=en_US>
Phone: 860-984-0215
Kelly.Bartomioli@ct.gov<mailto:Kelly.Bartomioli@ct.gov>
PrivacyOfficer.DSS@ct.gov<mailto:PrivacyOfficer.DSS@ct.gov>
FOIA.DSS@ct.gov<mailto:FOIA.DSS@ct.gov>
To:
Kelly Bartomioli, Paralegal Specialist, FOIA Officer and Privacy Officer
Connecticut Department of Social Services (DSS)
55 Farmington Avenue
Hartford, CT 06105
Email: Kelly.Bartomioli@ct.gov
PrivacyOfficer.DSS@ct.gov
FOIA.DSS@ct.gov
And to:
FOIA Officer and Supervisory Officers
Centers for Medicare & Medicaid Services (CMS)
Freedom of Information Act Office
Mail Stop N2-20-16
7500 Security Boulevard
Baltimore, Maryland 21244
Subject: Follow-up on Compliance and Timeliness for FOIA Request Medicaid ABI Waiver Program Provider Registry
To the FOIA Officers and Supervisory Officers at DSS and CMS,
This letter serves as a follow-up and an official appeal to ensure complete, timely compliance with my October 23, 2024, Freedom of Information Act (FOIA) request submitted to the Connecticut Department of Social Services (DSS) and the Centers for Medicare & Medicaid Services (CMS). This request seeks essential records on the Medicaid Acquired Brain Injury (ABI) Waiver Program provider registry.
My FOIA request is made pursuant to 5 U.S.C. 552 (Federal FOIA) and Conn. Gen. Stat. 1-200 et seq. (Connecticut FOIA). It details specific records that are necessary for the public oversight of Medicaid programs, particularly those affecting individuals with acquired brain injuries. Under federal and state FOIA statutes, DSS and CMS are obligated to comply promptly and fully.
1. Reiteration of Requested Records
For clarity and completeness, the requested records include:
A current provider registry for the ABI Waiver Program with:
Provider names
Contact details (addresses, emails)
Specialties and services offered
Enrollment dates and current status
Policies, regulations, and statutes on criteria for provider selection, monitoring, and removal from the registry
Records of complaints, violations, and disciplinary actions involving providers in the ABI Waiver Program
Documentation of registry maintenance processes, update frequency, personnel responsible, and public communication methods
2. Requirement for Expedited Processing
In my initial request, I requested expedited processing under 5 U.S.C. 552(a)(6)(E) due to the public interest in transparency within Medicaid programs. The ABI Waiver Program supports vulnerable populations, and delays in information disclosure could hinder timely oversight and accountability. Federal and Connecticut FOIA regulations mandate that agencies respond to such requests within defined timeframesspecifically, four business days for Connecticut state agencies (Conn. Gen. Stat. 1-210) and 20 business days for federal agencies. I urge DSS and CMS to honor these statutory requirements.
3. Fee Waiver and ADA Accommodation Request
This request is made strictly in the public interest, intending to promote transparency and inform public oversight. Therefore:
Fee Waiver: As this request does not serve a commercial interest, I request a waiver of all associated fees in accordance with 5 U.S.C. 552(a)(4)(A)(iii) and Conn. Gen. Stat. 1-212(d).
ADA Accommodation: As a brain injury survivor, I require reasonable accommodations under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. This includes access to records in an accessible electronic format and direct email communication without intermediary portals. Additionally, I request that all correspondence include the full names and titles of FOIA representatives communicating with me to ensure clarity and facilitate follow-up if needed.
4. Compliance and Oversight Agencies
To reinforce the significance of this request, I have notified oversight bodies responsible for monitoring FOIA compliance:
Connecticut Freedom of Information Commission (FOIC)
(Contact: 18-20 Trinity Street, Hartford, CT 06106 | Phone: (860) 566-5682)
U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
(Contact: 200 Independence Avenue, S.W., Washington, D.C. 20201 | Phone: (800) 368-1019)
Office of Inspector General (OIG) for HHS
(Contact: Wilbur J. Cohen Building, 330 Independence Ave., SW, Washington, D.C. 20201 | Phone: (800) 447-8477)
Medicaid Fraud Control Unit, Connecticut Attorney Generals Office
(Contact: 165 Capitol Avenue, Hartford, CT 06106 | Phone: (860) 808-5318)
5. Conclusion and Request for Timely Compliance
In compliance with federal and state FOIA laws and ADA accommodation requirements, I respectfully request that both DSS and CMS:
Confirm the scope of records being compiled to satisfy this request
Provide the requested records electronically by email within the statutory timelines
Disclose any anticipated delays or provide a cost estimate only if fee waiver is denied
Please address all correspondence to me directly via email at AabiWR@live.com to ensure uninterrupted and accessible communication. If clarification is needed on any portion of this request, do not hesitate to reach out to facilitate prompt compliance.
Thank you for your attention and cooperation. I look forward to receiving a timely response in accordance with FOIA and ADA regulations.
Sincerely,
David Medeiros
Founder & Owner, ABI Resources
39 Kings HWY STE C
Gales Ferry, Connecticut, 06335
AabiWR@live.com
Date: November 20, 2024
To:
Kelly Bartomioli, FOIA Officer and Privacy Officer
Connecticut Department of Social Services (DSS)
55 Farmington Avenue, Hartford, CT 06105
Email: PrivacyOfficer.DSS@ct.gov, FOIA.DSS@ct.gov
FOIA Officer and Supervisory Officers
Centers for Medicare & Medicaid Services (CMS)
Freedom of Information Act Office
Mail Stop N2-20-16
7500 Security Boulevard, Baltimore, Maryland 21244
CC:
Dr. Deidre S. Gifford, Commissioner, DSS
Chiquita Brooks-LaSure, Administrator, CMS
Xavier Becerra, Secretary, HHS
William Tong, Connecticut Attorney General
Jeffrey Beckham, Secretary, Connecticut Office of Policy and Management
Martin M. Looney, President Pro Tempore, Connecticut Senate
Matthew Ritter, Speaker, Connecticut House of Representatives
Relevant Oversight Agencies (listed below)
Subject:
Appeal for Full Compliance with Federal and State FOIA Requests Regarding Medicaid Acquired Brain Injury (ABI) Waiver Program Provider Registry and Related Records
To Whom It May Concern,
This formal appeal is submitted pursuant to the Freedom of Information Act (5 U.S.C. 552) and the Connecticut Freedom of Information Act (Conn. Gen. Stat. 1-200 et seq.). The appeal demands immediate and full compliance with my October 23, 2024, FOIA request for essential records concerning the Medicaid Acquired Brain Injury (ABI) Waiver Program Provider Registry.
The following letter provides a comprehensive legal and constitutional basis for my request and addresses any potential challenges preemptively. It asserts the absolute necessity of adherence to FOIA, ADA requirements, and whistleblower protections to uphold transparency, accountability, and equitable administration of Medicaid services.
1. Reiteration of Records Requested
I request complete, unredacted records as follows:
Provider Registry:
Names, contact details (addresses, email addresses), specialties, services offered, enrollment dates, and current status for all Medicaid ABI Waiver Program providers.
Policies and Criteria:
All policies, regulations, or statutes governing provider selection, monitoring, or removal from the Medicaid ABI Waiver Program registry.
Complaints and Violations:
All records related to complaints, investigations, violations, or disciplinary actions involving Medicaid ABI Waiver Program providers.
Registry Maintenance Records:
Documentation detailing the processes, frequency, personnel, and public communication methods for maintaining and updating the provider registry.
Relevant Correspondence:
All correspondence between DSS, CMS, and relevant third parties regarding the ABI Waiver Program registry and its administration.
2. Legal Foundations and Constitutional Basis
Federal FOIA Compliance
5 U.S.C. 552 mandates that federal agencies such as CMS disclose records unless a specific statutory exemption applies. Failure to provide the requested records promptly violates the clear intent of FOIA, which is to ensure public access to government operations.
Connecticut FOIA Compliance
Under Conn. Gen. Stat. 1-210, DSS must make public records promptly available unless an explicit exemption applies. This statute reflects Connecticut's commitment to transparency and the publics right to scrutinize government-funded programs.
Constitutional Principles
First Amendment: Protects the right to petition the government for redress of grievances, ensuring public access to information that facilitates accountability.
Due Process Clause (Fourteenth Amendment): Guarantees the right to fair procedures, which extends to accessing public information critical for holding government agencies accountable.
Supremacy Clause (Article VI, Clause 2): Mandates federal FOIA preempts any conflicting state practices that might obstruct transparency.
Legal Precedents Supporting Transparency and Accountability
NARA v. Favish, 541 U.S. 157 (2004): Establishes the publics right to access records that facilitate oversight of government actions.
U.S. DOJ v. Reporters Committee, 489 U.S. 749 (1989): Confirms FOIAs primary purpose is to inform citizens about government operations.
Lane v. Brown, 801 F.3d 1031 (9th Cir. 2015): Reinforces that agencies must comply with ADA in all aspects of service, including FOIA processes.
3. Updated Non-Negotiable ADA Accommodations
To ensure accessibility and compliance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), I require the following accommodations:
MuckRock Platform, Only Communication:
All responses must be submitted via MuckRock. No physical mail, phone calls, portal logins, or external platforms are permitted.
Direct Text in Body:
All response text must be embedded in the email body for immediate accessibility.
PDF Attachments:
Documents must be clearly labeled, screen-reader compatible, and in accessible electronic formats.
Simplified Summaries for Complex Records:
Summaries or explanations must accompany records containing technical or complex language to ensure comprehension.
Identification of Responsible Personnel:
Names, titles, and contact details of all FOIA officers and supervisory personnel handling this request must be provided.
Detailed Justifications for Redactions and Denials:
Any redactions or denials must include specific statutory citations and detailed explanations, per 5 U.S.C. 552(b).
Expedited Processing:
Requests must be processed expeditiously under 5 U.S.C. 552(a)(6)(E) and Executive Order 13392.
4. Fee Waiver Justification
This request serves the public interest and does not further any commercial purpose. The requested records are critical for public oversight and accountability, particularly regarding the ethical administration of Medicaid services.
Federal FOIA: 5 U.S.C. 552(a)(4)(A)(iii) provides for a fee waiver for requests that primarily benefit the public.
Connecticut FOIA: Conn. Gen. Stat. 1-212(d) similarly allows fee waivers for public-interest requests.
5. Oversight Agencies Notified
To ensure transparency, compliance, and accountability, the following oversight agencies have been notified about this appeal and its urgency. These agencies are empowered to investigate, enforce, or litigate any failures to comply with FOIA, ADA, or whistleblower protections:
Connecticut Freedom of Information Commission (FOIC)
Role: The FOIC enforces Connecticuts Freedom of Information laws and oversees the timely and accurate release of public records by state agencies. The FOIC is responsible for adjudicating disputes related to FOIA requests and can compel compliance or recommend legal action for noncompliance.
Contact:
Address: 18-20 Trinity Street, Hartford, CT 06106
Phone: (860) 566-5682
Website: Connecticut FOIC
HHS Office for Civil Rights (OCR)
Role: The OCR enforces civil rights laws related to federally funded programs, including ensuring compliance with the ADA and Section 504 of the Rehabilitation Act. OCR can investigate whether the DSS or CMS failed to provide reasonable accommodations or violated anti-discrimination laws during FOIA processing.
Contact:
Address: 200 Independence Avenue, S.W., Washington, D.C. 20201
Phone: (800) 368-1019
Website: HHS OCR
Office of Inspector General (OIG), HHS
Role: The OIG investigates potential fraud, waste, and abuse in federally funded programs like Medicaid. They are responsible for holding DSS and CMS accountable for any mismanagement, misuse of funds, or failure to comply with federal requirements, including transparency obligations.
Contact:
Address: Wilbur J. Cohen Building, 330 Independence Ave., SW, Washington, D.C. 20201
Phone: (800) 447-8477
Website: HHS OIG
Medicaid Fraud Control Unit (MFCU), Connecticut Attorney Generals Office
Role: The MFCU investigates Medicaid fraud, abuse, and provider misconduct within Connecticut. They are authorized to examine whether the DSS has acted improperly in the administration of Medicaid programs or failed to release public records critical for oversight.
Contact:
Address: 165 Capitol Avenue, Hartford, CT 06106
Phone: (860) 808-5318
Website: Connecticut Attorney General
U.S. Department of Justice (DOJ), Civil Rights Division
Role: The DOJ Civil Rights Division enforces ADA compliance, including ensuring that individuals with disabilities can access public records. They also investigate civil rights violations in federally funded programs like Medicaid. Failure to provide accessible records could result in DOJ enforcement action.
Contact:
Address: 950 Pennsylvania Avenue NW, Washington, D.C. 20530
Phone: (202) 514-4609
Website: DOJ Civil Rights Division
6. Heads of Relevant Agencies
The following officials are named for oversight and accountability purposes. They bear direct responsibility for ensuring compliance with federal and state laws governing FOIA, Medicaid transparency, and ADA accommodations:
Connecticut Department of Social Services (DSS)
Dr. Deidre S. Gifford, Commissioner
Role: Oversees Connecticut's Medicaid programs and compliance with FOIA and ADA obligations.
Centers for Medicare & Medicaid Services (CMS)
Chiquita Brooks-LaSure, Administrator
Role: Responsible for ensuring that federal Medicaid programs, including waiver programs like ABI, comply with federal laws and FOIA requirements.
U.S. Department of Health and Human Services (HHS)
Xavier Becerra, Secretary
Role: Ultimately responsible for all federal oversight related to CMS and OCR, ensuring compliance with transparency, anti-discrimination, and ADA laws.
Connecticut Attorney Generals Office
William Tong, Attorney General
Role: Enforces state laws, investigates Medicaid fraud, and ensures compliance with Connecticut FOIA statutes.
Connecticut Office of Policy and Management (OPM)
Jeffrey Beckham, Secretary
Role: Oversees Connecticut state agencies operations, including DSS, to ensure transparency and efficient use of taxpayer funds.
7. Conclusion and Demand
Immediate Compliance:
Release all requested records without delay in accordance with statutory deadlines under 5 U.S.C. 552 and Conn. Gen. Stat. 1-210.
Provision of Accommodations:
Comply fully with the Non-Negotiable ADA Accommodations, including accessible electronic formats, direct email correspondence, and detailed explanations for any redactions or denials.
Notification of Oversight Agencies:
DSS and CMS are advised that failure to comply will result in escalation to the notified oversight agencies for investigation, enforcement, and, if necessary, legal action.
Statutory Timelines:
DSS must respond within 4 business days under Conn. Gen. Stat. 1-210. CMS must respond within 20 business days under 5 U.S.C. 552(a)(6)(A). Any delays must be accompanied by a clear legal justification.
Failure to comply will leave no alternative but to pursue formal legal action under federal and state law, ensuring accountability through the courts and oversight bodies. This appeal leaves no room for loopholes or manipulations and demonstrates a full commitment to transparency, equity, and justice.
Sincerely,
David Medeiros
Founder & Owner, ABI Resources
39 Kings HWY STE C
Gales Ferry, Connecticut, 06335
Date: January 1, 2025
To: All
Kelly Bartomioli, Paralegal Specialist, FOIA Officer, Privacy Officer
Connecticut Department of Social Services (DSS)
55 Farmington Avenue, Hartford, CT 06105
Email: PrivacyOfficer.DSS@ct.gov; FOIA.DSS@ct.gov
FOIA Officer and Supervisory Officers
Centers for Medicare & Medicaid Services (CMS)
Freedom of Information Act Office
Mail Stop N2-20-16, 7500 Security Boulevard, Baltimore, Maryland 21244
Email: FOIA_Request@cms.hhs.gov
CC:
Dr. Deidre S. Gifford, Commissioner, DSS
Chiquita Brooks-LaSure, Administrator, CMS
Xavier Becerra, Secretary, HHS
William Tong, Attorney General, Connecticut
Relevant Oversight Agencies (see section 5 below)
Subject:
Final Appeal: Immediate Compliance with FOIA RequestsMedicaid Acquired Brain Injury (ABI) Waiver Program Provider Registry and Related Records
To Whom It May Concern,
This formal appeal demands immediate and full compliance with my October 23, 2024, Freedom of Information Act (FOIA) request for records related to the Medicaid Acquired Brain Injury (ABI) Waiver Program Provider Registry. Submitted under 5 U.S.C. 552 (federal FOIA) and Conn. Gen. Stat. 1-200 et seq. (Connecticut FOIA), this appeal incorporates ADA accommodations under 42 U.S.C. 12101 et seq. and whistleblower protections under 5 U.S.C. 2302(b).
1. Reiteration of Requested Records
This request seeks the following unredacted records:
Provider Registry:
Names, addresses, email addresses, and contact details.
Areas of specialty, services offered, enrollment dates, and current status.
Policies and Criteria:
All policies, regulations, and criteria governing provider inclusion, monitoring, and removal.
Complaints and Violations:
All complaints, investigations, violations, or disciplinary actions concerning Medicaid ABI Waiver Program providers.
Registry Maintenance Documentation:
Detailed processes, responsible personnel, frequency of updates, and public communication methods.
Relevant Correspondence:
All correspondence involving DSS, CMS, or related third parties about the registry or its administration.
2. Legal Foundations and Constitutional Basis
Federal FOIA Compliance:
Under 5 U.S.C. 552, CMS must disclose all requested records unless a statutory exemption explicitly applies. CMSs failure to provide these records within statutory deadlines constitutes a violation of FOIA.
Connecticut FOIA Compliance:
Per Conn. Gen. Stat. 1-210, DSS must make records promptly available. Non-compliance undermines transparency and public accountability.
Constitutional Protections:
First Amendment: Guarantees public access to government information essential for accountability.
Fourteenth Amendment: Protects due process and ensures equal treatment under the law.
Supremacy Clause (Article VI, Clause 2): Requires federal FOIA provisions to override conflicting state practices.
Precedential Case Law:
NARA v. Favish, 541 U.S. 157 (2004): Establishes the publics right to access records that expose government accountability.
Lane v. Brown, 801 F.3d 1031 (9th Cir. 2015): Reaffirms ADA compliance in public programs, including record accessibility.
3. Updated Non-Negotiable ADA Accommodations
To comply with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), I require:
MuckRock Platform, Only Communication: All responses must be submitted through MuckRock. Physical mail, phone calls, portal logins, or external platforms are prohibited.
Direct Text in Body: All response text must be embedded in the email body for accessibility.
PDF Attachments: Documents must be labeled, screen-reader compatible, and in accessible formats.
Simplified Summaries for Complex Records: Plain-language summaries must accompany records with technical or complex language.
Identification of FOIA Personnel: Names, titles, and contact details of all FOIA officers and supervisory personnel must be provided.
Detailed Justifications for Redactions and Denials: Any redactions or denials must include specific statutory citations and detailed explanations under 5 U.S.C. 552(b).
4. Fee Waiver Justification
As outlined in my original request, I seek a fee waiver under:
5 U.S.C. 552(a)(4)(A)(iii): Records are sought for public interest, not commercial use.
Conn. Gen. Stat. 1-212(d): Connecticut FOIA permits fee waivers for public-interest requests.
5. Oversight Agencies Notified
To ensure compliance, the following oversight agencies have been notified and will monitor this appeal:
Connecticut Freedom of Information Commission (FOIC)
HHS Office for Civil Rights (OCR)
Office of Inspector General (OIG), HHS
Medicaid Fraud Control Unit, Connecticut Attorney Generals Office
U.S. Department of Justice (DOJ), Civil Rights Division
6. Statutory Timelines
DSS must respond within 4 business days under Conn. Gen. Stat. 1-210(a).
CMS must provide a substantive response or legally valid denial within 20 business days under 5 U.S.C. 552(a)(6)(A)(i).
Failure to comply with these deadlines will result in immediate escalation to the notified oversight agencies for enforcement and legal action.
7. Legal and Administrative Consequences of Non-Compliance
If this request is not resolved promptly:
I will escalate to federal and state oversight agencies, including the DOJ Civil Rights Division and HHS OCR, for investigations and potential enforcement actions.
I will pursue judicial intervention, including seeking injunctive relief, attorneys fees, and penalties under 5 U.S.C. 552(a)(4)(E).
8. Conclusion and Demands
To rectify this situation, I demand:
Immediate Compliance: Release all requested records in accessible formats without delay.
Written Confirmation: Confirm ADA accommodations, fee waiver eligibility, and expedited processing.
Failure to comply will leave no alternative but to initiate legal action to enforce compliance and accountability.
Sincerely,
David Medeiros
Founder & Owner, ABI Resources
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
