FOIA request 175538 to Centers for Disease Control and Prevention
FOIA Request for Comprehensive Records Regarding Connecticut Medicaid Programs, ABI Waiver Amendments, and Federal Agency Oversight and Communications with Accenture and Manatt (2012Present)
First saved message 2024-10-29; last saved message 2024-11-15. 9 messages and 3 export-file entries.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Subject: FOIA Request for Comprehensive Records Regarding Connecticut Medicaid Programs, ABI Waiver Amendments, and Federal Agency Oversight and Communications with Accenture and Manatt (2012Present)
To:
Connecticut Agencies:
Department of Social Services (DSS)
Office of Policy and Management (OPM)
Office of the Attorney General
Office of Health Strategy (OHS)
State Comptrollers Office
Auditors of Public Accounts (APA)
Federal Agencies:
Centers for Medicare & Medicaid Services (CMS)
U.S. Department of Health and Human Services (HHS)
Office of Inspector General, U.S. Department of Health and Human Services (OIG, HHS)
U.S. Government Accountability Office (GAO)
Centers for Disease Control and Prevention (CDC)
Department of Justice (DOJ) Civil Rights Division
Date: 10.29.2024
From:
David Medeiros
ABI Resources
Email: AabiWR@live.com
Request for Records Under the Freedom of Information Act (FOIA)
Dear FOIA Officers and Supervisory Officers,
Pursuant to the Connecticut Freedom of Information Act (Conn. Gen. Stat. 1-200 et seq.) and the federal Freedom of Information Act (5 U.S.C. 552), I respectfully request access to all records from January 1, 2012, to the present related to communications, funding, agreements, policy analysis, and compliance oversight involving Connecticuts Medicaid programs, particularly focusing on the Acquired Brain Injury (ABI) Waiver Program. This request pertains to records involving the following entities:
Connecticut Department of Social Services (DSS)
Accenture and Manatt, Phelps & Phillips, LLP (Manatt), in their roles as consultants to DSS
Federal agencies involved in Medicaid program oversight, including CMS, HHS, OIG, GAO, CDC, and DOJs Civil Rights Division
This request supports transparency, accountability, and oversight of Medicaid programs affecting vulnerable populations, particularly those involved in the ABI Waiver Program, managed care models, and accessibility initiatives.
Scope and Objectives of the Request
The objective of this request is to capture comprehensive records to allow for independent review, transparency, and the protection of vulnerable Medicaid populations in the following areas:
Medicaid Program Amendments and Policy Modifications
Records of amendments to the ABI Waiver Program and other Medicaid waivers managed by Connecticut DSS in consultation with Accenture and Manatt, as reviewed by federal agencies (CMS, HHS).
Medicaid Landscape Analysis and Managed Care Exploration
Documentation of data analysis, policy exploration, and evaluations related to managed care models, digital health, and accessibility for Medicaid recipients, conducted by Accenture and Manatt with DSS and reviewed by CMS or other federal entities.
Data Collection and Stakeholder Engagement
Information regarding data collection methodologies targeting Medicaid members, providers, and stakeholders, including strategies to ensure accessibility, equity, and compliance with federal and state protections.
Federal Oversight, Accountability, and Compliance
Documentation from federal agencies related to funding compliance, regulatory oversight, or audits, evaluations, or investigations assessing DSSs Medicaid program management, especially regarding the ABI Waiver and the involvement of Accenture and Manatt.
Detailed Records Requested
Please provide copies of the following documents:
Contracts, Agreements, and Operational Frameworks
Connecticut DSS: Contracts, MOUs, agreements, and scope of work documents between DSS and Accenture or Manatt.
Federal Agencies (CMS, HHS, GAO, OIG): Federal approvals, reviews, or conditions placed on Connecticuts Medicaid amendments or funding, particularly involving the ABI Waiver and managed care services.
Communications and Procedural Directives
Connecticut DSS: Email and written communications between DSS officials and representatives of Accenture and Manatt, specifically concerning Medicaid program amendments, stakeholder engagement, and managed care exploration.
Federal Agencies: Correspondence with DSS or contractors, as well as procedural directives involving Accenture or Manatts contributions to Medicaid policy or program operations.
Metadata and Communication Logs: Metadata (sender, recipient, date, subject) and communication logs documenting DSS, CMS, HHS, or GAO interactions with Accenture or Manatt.
Meetings and Strategy Documentation
Connecticut DSS: Agendas, minutes, attendance records, and presentations from strategic planning sessions involving DSS, Accenture, and Manatt.
Federal Agencies: Records from any forums, workshops, or review meetings with DSS regarding Connecticuts Medicaid amendments, ABI Waiver program updates, or evaluations of managed care models.
Analysis, Recommendations, and Raw Data
Connecticut DSS and Federal Agencies (CMS, GAO): All data, draft versions, and final recommendations produced by Accenture and Manatt, including raw data, methodology documentation, and preliminary findings related to Medicaid program evaluations.
CDC Data on ABI/TBI: Any ABI or TBI-related data provided to DSS, Accenture, or Manatt, which may impact Medicaid ABI Waiver amendments.
Medicaid Provider and Consumer Access and Contact Records
Connecticut DSS: Documentation on Medicaid provider registry updates, provider affiliations, approval dates, and criteria used to select providers for feedback or analysis.
Federal Oversight: GAO or OIG records on Medicaid provider networks and consumer engagement requirements, particularly in relation to accessibility for individuals with disabilities.
Accessibility and Data Collection Accommodations
Connecticut DSS and Federal Agencies: Documentation of accommodations ensuring accessibility for individuals with disabilities, including language assistance, assistive technology, and accommodations in data collection and stakeholder engagement processes.
FOIA Compliance and Whistleblower Reports
Connecticut DSS and Federal Oversight (OIG, DOJ Civil Rights): Records related to previous FOIA requests, exemptions, information withheld, and any legal citations applied, as well as whistleblower complaints or investigations into DSS, Accenture, or Manatt regarding Medicaid program oversight, ethical conduct, or data manipulation.
Expedited processing is requested based on the following compelling factors:
Significant Public Interest in Government Transparency: Medicaid programs are taxpayer-funded and affect a large segment of the public. Ensuring that DSSs activities and collaborations with consulting firms like Accenture and Manatt align with federal and state standards is of great public interest. Expedited processing will allow public scrutiny and foster informed dialogue on the management and ethical administration of Medicaid services. The requested information will help assess whether any waste, fraud, or abuse has occurred within DSSs partnerships. Prompt access to these records is essential to identify any potential misconduct and prevent ongoing misuse of taxpayer dollars, particularly within critical programs affecting vulnerable populations.
Time-Sensitive Advocacy Needs: This information is critical for advocacy efforts that inform stakeholders, ensure consumer protection, and foster transparency. Any delay could impede the ability of stakeholders, including advocacy groups and affected individuals, to respond adequately to Medicaid policy changes.
Justification for Fee Waiver
This information will serve the public interest by supporting oversight, transparency, and protection for Medicaid recipients, particularly Connecticuts ABI Waiver participants. The release of these records will contribute to the ethical and accountable administration of taxpayer-funded programs. Accordingly, I request a waiver of fees for processing this request.
Delivery and Accessibility Requirements
To accommodate disability-related needs, please provide all records in digital format via email and avoid using external portals. If records cannot be provided within statutory timeframes, or if any information is withheld, please notify me promptly with legal justifications at AabiWR@live.com
Thank you for your attention and assistance in providing these records to facilitate public understanding and oversight of Connecticut Medicaid services.
Sincerely,
David Medeiros
ABI Resources
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
Dear DAVID MEDEIROS,
A temporary password has been issued and sent to the email address provided.Please check your email for this temporary password and return tohttps://foia.cdc.gov/ to login. If you have any previously submitted requests to Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry you will be able to view them by logging into your user account
Kindly change the password provided by us.
Regards,
Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry
Dear DAVID MEDEIROS,
Once you login, please change your password to protect your account details.
Password: [PORTAL ACCESS CREDENTIAL WITHHELD — original preserved privately]
Regards,
Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry
Dear DAVID MEDEIROS,
Case Number 25-00142-FOIA has been assigned to the request you submitted. In all future correspondence regarding this request please reference case number 25-00142-FOIA.
Regards,
Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry
Dear MEDEIROS,DAVID,
The status of your FOIA request #25-00142-FOIA has been updated to the following status 'Received'. To log into the CDC FOIA Public Access Link click on the Application URL below.
https://foia.cdc.gov/
Sincerely,
Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry
October 31, 2024
Request Number: 25-00142-FOIA
Dear Mr. Medeiros: This is regarding your Freedom of Information Act (FOIA) request of October 30, 2024, for FOIA Request for Comprehensive Records Regarding Connecticut Medicaid Programs, ABI Waiver Amendments, and Federal Agency Oversight and Communications with Accenture and Manatt (2012Present.
Please see the attached letter.
Sincerely,
CDC/ATSDR FOIA Office
770-488-6399
Subject: Appeal and Request for Comprehensive Basic Accommodations on FOIA Request No. 25-00142-FOIA
Dear CDC/ATSDR FOIA Office,
I am writing to appeal the current handling of my FOIA request (Request No. 25-00142-FOIA), initially submitted on October 30, 2024, regarding Connecticut Medicaid programs, ABI waiver amendments, and federal oversight and communications with Accenture and Manatt from 2012 to the present.
Firstly, I request an appeal of the response provided, as it is unclear whether all relevant records were fully reviewed to ensure a complete and exhaustive response. Given the scope and importance of these subjects, a thorough investigation and access to all responsive records are crucial.
In addition, I would like to reiterate the following basic accommodations that I have consistently requested due to my TBI and specific accessibility needs:
Email-Only Communication: All communications regarding this FOIA request should be conducted solely through email. I am unable to communicate effectively by phone, and portals or alternate platforms create significant accessibility barriers.
Full Response Language in Email Body: For my accessibility, please include the full response text within the body of the email, rather than solely as an attachment. Attachments are difficult for me to access and interpret, impacting my ability to engage with the response fully.
Identification of Officers: Please include the full name, title, and direct contact information of the officer managing my request in each communication. This information is critical for accountability and effective communication on my end.
No Use of Portals or External Links: In line with my accessibility needs, please avoid using external links, portals, or any resources that would require navigating away from the email. This ensures I can access the information seamlessly within one location.
Clear and Concise Responses: Due to memory and processing challenges associated with my TBI, I request that all responses be clear, comprehensive, and concise, facilitating my ability to stay focused and process the information effectively.
I request confirmation that these accommodations will be honored in all future communications. Additionally, please confirm receipt of this appeal and provide an update regarding the additional search measures taken to locate all potentially responsive records.
Thank you for your attention to these accommodations and your dedication to ensuring accessibility and completeness in the FOIA process.
Sincerely,
David Medeiros
AabiWR@live.com
David Medeiros
ABI Resources
39 Kings Highway, Suite C
Gales Ferry, CT 06335
Date: November 15, 2024
Subject: Formal Appeal for FOIA Non-Compliance and ADA Violations Regarding FOIA Request 25-00142-FOIA
To:
CDC/ATSDR FOIA Office
Centers for Disease Control and Prevention
1600 Clifton Road NE, MS D-54
Atlanta, GA 30333
Email: foiarequests@cdc.gov
CC:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
Email: ogis@nara.gov
Introduction
This appeal addresses significant deficiencies in the handling of my FOIA request, 25-00142-FOIA, submitted on October 30, 2024, seeking comprehensive records related to Connecticut Medicaid programs, ABI Waiver amendments, and federal oversight and communications with Accenture and Manatt from 2012 to the present.
Your office's response has failed to address the scope of my request adequately, while also violating my rights under the Freedom of Information Act (5 U.S.C. 552), Title II of the Americans with Disabilities Act (42 U.S.C. 12132), and Section 504 of the Rehabilitation Act (29 U.S.C. 794).
This appeal asserts my constitutional and statutory rights to ensure compliance with FOIA and ADA standards, transparency in federally funded programs, and accountability in government communications involving taxpayer-funded initiatives.
Legal and Constitutional Basis
First Amendment: Right to Transparency and Accountability
The First Amendment ensures public access to government information necessary for oversight and informed participation. FOIA enforces this principle by mandating transparency in federal agencies activities.
Violations:
The CDC has obstructed my ability to scrutinize communications, funding, and oversight of Medicaid programs affecting vulnerable populations by failing to provide a comprehensive response.
By not addressing the scope of my request fully, the CDC undermines democratic accountability and transparency.
Fifth Amendment: Right to Due Process
The Fifth Amendment guarantees due process, which includes fair, timely, and adequate responses to FOIA requests. The CDC's procedural deficiencies, including incomplete records searches and failure to justify delays or exclusions, violate due process standards.
Violations:
Arbitrary procedural actions, such as misdirected responses and inadequate search efforts, deprive me of procedural fairness under FOIA.
Fourteenth Amendment: Equal Protection and ADA Compliance
The Fourteenth Amendment and federal disability rights laws ensure equal access to government programs and services for individuals with disabilities.
Violations:
The CDCs failure to honor my ADA accommodationsincluding exclusive communication through the MuckRock platform, simplified responses, and screen reader-compatible documentsdenies me equal access to public records.
Freedom of Information Act (5 U.S.C. 552)
FOIA requires agencies to conduct thorough searches for responsive records, provide timely responses, and justify any denials, delays, or redactions with specific statutory exemptions.
Violations:
The CDC has failed to fulfill its obligations by not conducting an adequate search for records, improperly referring the request, and failing to justify these actions transparently.
Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and Section 504 of the Rehabilitation Act (29 U.S.C. 794)
The ADA and Rehabilitation Act mandate reasonable accommodations to ensure accessibility for individuals with disabilities, particularly in accessing public records.
Violations:
By directing me to a portal and failing to provide accessible formats, the CDC has erected barriers to my ability to access requested information, violating accessibility standards.
Specific Failures
Inadequate Search and Scope
The CDC has not conducted a comprehensive search to locate responsive records related to Connecticut Medicaid programs, ABI Waiver amendments, and communications with Accenture and Manatt. This failure violates FOIAs requirement for a good-faith search.
Failure to Provide ADA Accommodations
Despite my explicit request, the CDC has not implemented necessary ADA accommodations, including:
Exclusive communication through the MuckRock platform.
Provision of records in screen reader-compatible formats.
Simplified summaries for complex procedural documents.
Lack of Transparency and Justification
The CDC has not provided:
Justifications for any redactions or records exclusions.
The names, titles, and contact details of individuals responsible for processing my request, which is essential for accountability.
Improper Referral and Communication Barriers
Directing me to portals or external links violates my ADA accommodations and erects unnecessary barriers to accessing the requested records.
Demands for Corrective Action
Comprehensive Records Search and Response
Conduct a thorough search for all responsive records and provide them promptly. This includes:
All communications, agreements, and evaluations involving Connecticut DSS, Accenture, and Manatt.
Records related to federal oversight, funding compliance, and Medicaid program amendments.
Full Implementation of ADA Accommodations
Communicate exclusively through the MuckRock platform to eliminate accessibility barriers.
Provide all records in accessible, screen reader-compatible PDF formats.
Include simplified summaries for all complex documents to ensure accessibility.
Transparency in Personnel and Redactions
Identify all FOIA officers and decision-makers responsible for handling this request by name, title, and contact information.
Justify any redactions or exclusions with specific statutory exemptions and provide descriptive summaries of withheld content.
Formal Acknowledgment of ADA Compliance
Provide a written acknowledgment confirming adherence to my ADA accommodations in all future communications.
Request for Expedited Processing
This request pertains to urgent public interest in Medicaid transparency and oversight, particularly regarding taxpayer-funded programs and vulnerable populations. Delayed access to these records undermines accountability and oversight efforts. Expedited processing is warranted under FOIA standards for compelling public need.
Consequences of Non-Compliance
If these demands are not met by December 5, 2024, I will take the following actions:
File formal complaints with the Office for Government Information Services, the Department of Justice Civil Rights Division, and other oversight agencies.
Initiate legal action under FOIA and ADA statutes to enforce compliance and seek remedies for accessibility violations.
Publicly escalate the matter through media outlets and advocacy organizations to highlight systemic transparency failures.
Conclusion
This appeal asserts my rights under FOIA, the ADA, and constitutional law to ensure accountability, accessibility, and transparency in federally funded programs. I urge the CDC to comply fully with the corrective actions outlined above and provide the requested records promptly.
Thank you for your immediate attention to this matter.
Sincerely,
David Medeiros
ABI Resources
CC:
Office of Government Information Services
