To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Subject: FOIA Request for Records Pertaining to Medicaid Services for NPI 1962278119 and NPI 1023012345
To Whom It May Concern,
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.), I am requesting access to records related to Medicaid services, contracts, financial transactions, referral practices, and regulatory compliance associated with the following National Provider Identifiers (NPIs):
NPI 1962278119
NPI 1023012345
This FOIA request is designed to support transparency, accountability, and public interest within Connecticuts Medicaid ABI Waiver Program. Below are the specific records requested from each department, including their individual responsibilities and contact information to facilitate processing.
Requested Records by Agency
Federal Agencies
U.S. Department of Health and Human Services (HHS)
Sub-agency: Centers for Medicare & Medicaid Services (CMS)
Responsibilities: Oversees Medicaid program compliance, funding allocation, and adherence to federal standards.
Records to Request:
1. Funding Allocation and Compliance Reports: All records showing Medicaid funding allocations, reimbursements, and compliance reviews or audits for services under NPI 1962278119 and NPI 1023012345, from January 1, 2013, to present.
2. CMS-DSS Correspondence: Communications between CMS and the Connecticut Department of Social Services (DSS) regarding services associated with the specified NPIs, including any directives or advisories on provider selection, compliance, and transparency.
Contact Information:
FOIA Officer, Centers for Medicare & Medicaid Services
Address: 7500 Security Boulevard, Mail Stop C2-21-15, Baltimore, MD 21244
Email: FOIA_Request@cms.hhs.gov
Phone: (410) 786-5353
U.S. Department of Justice (DOJ)
Sub-agency: Civil Division, Fraud Section
Responsibilities: Investigates healthcare fraud, Medicaid fraud, and enforces anti-kickback statutes.
Records to Request:
1. Investigations and Case Files: Records of any DOJ investigations or case files concerning Medicaid fraud or potential kickbacks involving NPI 1962278119 and NPI 1023012345.
2. Legal Proceedings or Settlements: Documentation of any legal actions, settlements, or penalties issued in cases related to these NPIs.
Contact Information:
FOIA/PA Mail Referral Unit
Address: Department of Justice, Room 115, LOC Building, Washington, DC 20530-0001
Email: MRUFOIA.Requests@usdoj.gov
Phone: (202) 616-0307
U.S. Department of Labor (DOL)
Sub-agency: Wage and Hour Division
Responsibilities: Enforces labor laws, including wage standards, particularly for disabled individuals working under Medicaid.
Records to Request:
1. Wage and Hour Investigations: Documentation of wage and hour compliance audits, investigations, or complaints involving NPI 1962278119, focusing on any employment of Medicaid consumers at sub-minimum wages.
2. 14(c) Certification Records: Records of any 14(c) certificates issued to entities associated with NPI 1962278119, authorizing sub-minimum wage payments to disabled workers.
Contact Information:
FOIA Coordinator, Wage and Hour Division
Address: 200 Constitution Ave NW, Washington, DC 20210
Email: foiarequests@dol.gov
Phone: (202) 693-0052
Connecticut State Agencies
Connecticut Department of Social Services (DSS)
Responsibilities: Administers Connecticut's Medicaid program, including provider enrollment, consumer rights, and compliance with state and federal standards.
Records to Request:
1. Contracts and Agreements: All contracts, MOUs, and agreements involving Medicaid funds directed to services under NPI 1962278119 and NPI 1023012345. Include documents that outline any exclusivity arrangements, referral restrictions, or financial incentives.
2. Provider Selection and Referral Policies: Internal guidelines, rules, and criteria for provider referrals associated with these NPIs, including distribution data and referral logs showing consumer choice limitations.
3. FOIA Compliance and Transparency Logs: Copies of FOIA requests related to these NPIs, including responses, reasons for any denials, and policies on FOIA compliance.
Contact Information:
FOIA Officer, Department of Social Services
Address: 55 Farmington Avenue, Hartford, CT 06105
Email: DSS.FOIA@ct.gov
Phone: (860) 424-4967
Connecticut Department of Public Health (DPH)
Responsibilities: Regulates and licenses healthcare providers, enforcing standards for Medicaid providers and addressing consumer complaints.
Records to Request:
1. Licensing and Inspection Reports: Records of licensing applications, inspection reports, and compliance reviews for entities associated with NPI 1962278119 and NPI 1023012345.
2. Complaint and Investigation Records: Documentation of any consumer complaints, investigations, or violations recorded against these NPIs, especially regarding quality of care, housing conditions, or employment practices.
Contact Information:
FOIA Coordinator, Department of Public Health
Address: 410 Capitol Avenue, Hartford, CT 06134
Email: DPH.FOIA@ct.gov
Phone: (860) 509-8000
Connecticut Office of the Attorney General
Responsibilities: Investigates healthcare fraud, consumer protection issues, and enforces state laws against anti-competitive practices.
Records to Request:
1. Investigative Records and Legal Actions: Records of any investigations, inquiries, or legal actions related to Medicaid fraud, consumer rights violations, or monopolistic practices associated with NPI 1962278119 and NPI 1023012345.
2. Correspondence with DSS: Communications between the Attorney Generals office and DSS concerning referrals, provider restrictions, or consumer complaints associated with these NPIs.
Contact Information:
Public Records Administrator, Office of the Attorney General
Address: 165 Capitol Avenue, Hartford, CT 06106
Email: attorney.general@ct.gov
Phone: (860) 808-5318
Accommodation Requests
To ensure this FOIA request is processed accurately and meets my accessibility requirements, please adhere to the following accommodations. These accommodations are essential for my full participation in every aspect of this request:
Contact Requirement
1. All responses, updates, and communications must be sent exclusively via email to AabiWR@live.com. Do not use physical mail, phone calls, portal-based communications, external links, or any platform outside of direct email.
2. Format Requirement: Include the full text of each response within the body of the email, along with any attached documents. This ensures that all information is immediately accessible without requiring downloads or access to external sites, allowing me to fully participate and understand the content.
3. Complete and Transparent Documentation
Provide all requested documents in full, without redactions unless legally required. For any necessary redactions, please cite the specific legal exemption or statute applied, and include a summary to facilitate understanding. This ensures that I have clear and complete access to all information.
4. Detailed Explanations for Any Denials
If any portion of this request is denied, include a clear, detailed explanation for each denied item, citing relevant legal statutes or exemptions. This clarity is essential to ensure I understand any limitations.
5. Guidance for Complex Records
For records containing complex financial, legal, or medical language, please include summaries or simplified explanations. This accommodation ensures that I can accurately interpret and fully understand the information provided.
6. Identification of FOIA Officer Handling This Request
Provide the full name, title, and direct contact information of the FOIA officer assigned to my request. While communication must remain email-only, I request this information for records and transparency.
7. Confirmation of Accommodations
Confirm receipt of this request, and explicitly acknowledge that each accommodation listed will be fully applied in all responses and communications.
Request for Expedited Processing of FOIA Request for Records Pertaining to Medicaid Services for NPI 1962278119 and NPI 1023012345
Pursuant to Federal Law and Connecticut FOIA Statutes, I am requesting expedited processing of this FOIA request due to the pressing public interest involved and the immediate impact on vulnerable Medicaid beneficiaries, as authorized under applicable legal provisions.
Request for Expedited Processing
Legal Basis: Under 5 U.S.C. 552(a)(6)(E), expedited processing is required when there is an urgency to inform the public concerning actual or alleged Federal Government activity. Additionally, Conn. Gen. Stat. 1-210(a) mandates prompt availability of public agency records, especially where issues directly impact public welfare and accountability.
Justification for Expedited Processing
Public Interest and Transparency: These records are crucial for public scrutiny of Medicaid spending, potential monopolistic practices, consumer choice limitations, and wage compliance within Connecticuts Medicaid ABI Waiver Program.
Immediate Impact on Vulnerable Populations: This request addresses policies that may limit autonomy, financial independence, and housing security for Medicaid beneficiaries, especially those with disabilities. Delays could harm these populations by preventing timely corrective action.
Compliance with FOIA Promptness Standards: Federal and Connecticut FOIA statutes require agencies to make records available promptly. Any refusal to expedite processing would contravene both the letter and intent of FOIA law.
Potential Financial and Legal Violations: Requested records may reveal misuse of Medicaid funds or improper labor practices. Immediate access is necessary for regulatory assessment.
Request for Immediate Acknowledgment: Please provide immediate, written acknowledgment of this expedited processing request. If expedited processing is denied, provide a written statement detailing the specific legal grounds for denial, in compliance with FOIA statutes.
Thank you for your prompt attention to this matter.
Sincerely,
David Medeiros
ABI Resources
215 Mountain Street
Willimantic, CT 06226
Email: AabiWR@live.com
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
Hello David Medeiros:
In accordance with 29 CFR 70.19, "...any FOIA request submitted electronically, by email, must be submitted to the Department's central FOIA mailbox at foiarequests@dol.gov<mailto:foiarequests@dol.gov>. FOIA requests sent electronically to any other email address will not be accepted."
The Department's collection of enforcement data is maintained and publicly available at Enforcement Data - U.S. Department of Labor (dol.gov)<https://enforcedata.dol.gov/homePage.php>. Please recommend you conduct a search of this website for all investigations made by WHD to assist you with specifying the investigative record(s) you seek. To facilitate for a quicker response, please identify the specific case identification number(s) sought and narrow the records to the Compliance Action Report (CAR) and the case narrative. The CAR provides a summary of the violations and monetary penalties (if applicable). The narrative is a detailed description of each step of the investigative process, any negotiations and discussions with the employer and/or their authorized representative, as well as findings and conclusions.
Please indicate the investigative Case IDs sought, advise if you agree to narrow the scope of the records to the CAR and narrative, and redirect your request foiarequests@dol.gov<mailto:foiarequests@dol.gov> for processing.
Sincerely,
Branch of Document Management
________________________________
US Department of Labor/Wage and Hour Division | 200 Constitution Avenue, NW, Room S3016 | Washington, DC 20210 | Main 202.693.1004 | Fax: 202.693.0637
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To: Department of Labor, Wage and Hour Division
Subject: FOIA Request for Records Pertaining to Medicaid Services for NPI 1962278119 and NPI 1023012345
To Whom It May Concern,
I am submitting this FOIA request in accordance with the Freedom of Information Act (5 U.S.C. 552) and the Connecticut Freedom of Information Act (Conn. Gen. Stat. 1-200 et seq.). I am seeking access to records related to wage and hour investigations, 14(c) certification records, and any related documentation associated with the following National Provider Identifiers (NPIs): 1962278119 and 1023012345.
Accommodation Request
Due to accessibility requirements, I respectfully request that you forward this request to the Department's central FOIA mailbox (foiarequests@dol.gov) on my behalf, as specified in 29 CFR 70.19. My needs prevent me from accessing separate mailboxes, and it is essential that I receive all communications and updates via a single point of contact. This accommodation ensures that I can track all responses and interact with your team as fully as possible.
FOIA Request Details
I appreciate your suggestion to identify specific case IDs; however, I currently do not have these numbers. Instead, I request that you conduct a broad search using the NPIs provided to locate relevant records. In line with your recommendations, I am agreeable to narrowing the scope to include the Compliance Action Report (CAR) and the case narrative for each investigation. These records should contain summaries of violations, findings, conclusions, and any related actions. Additionally, if other relevant records, such as policy correspondence or enforcement data, are available, please include them for a comprehensive response.
Background and Purpose
This FOIA request is submitted to promote transparency, accountability, and public interest regarding Medicaid services within Connecticuts ABI Waiver Program.
Thank you for your assistance in processing this request and for considering my accommodation needs. Please confirm receipt and status of processing at your earliest convenience.
Sincerely,
David Medeiros
ABI Resources
Email: AabiWR@live.com
David Medeiros, requests must be made directly to foiarequests@dol.gov<mailto:foiarequests@dol.gov> - agencies are prohibited from forwarding.
Sincerely,
Branch of Document Management
________________________________
US Department of Labor/Wage and Hour Division | 200 Constitution Avenue, NW, Room S3016 | Washington, DC 20210 | Main 202.693.1004 | Fax: 202.693.0637
This E-mail and any of its attachments may contain proprietary information, which is privileged and/or confidential. This E-mail is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this E-mail, you are hereby notified that any dissemination, distribution, copying, or action taken in relation to the contents of and attachments to this E-mail is strictly prohibited and may be unlawful. If you have received this E-mail in error, please notify the sender immediately and permanently delete the original and any copy of this E-mail and any printout.
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Subject: FOIA Accommodation Appeal Compliance with Accessibility and Transparency Requirements
To: FOIA Appeals Officer, U.S. Department of Labor
Email: foiaappeals@dol.gov (If you dont have a specific appeals contact, submit it to the general FOIA address and ask it be routed to the appeals officer.)
Dear FOIA Appeals Officer,
I am submitting this appeal regarding my FOIA request (reference: Medicaid Services for NPI 1962278119 and NPI 1023012345), initially addressed to the Wage and Hour Division on November 4, 2024. My request remains incomplete due to the following accommodation requirements not being met:
Specific Accommodations Not Provided
Identification of FOIA Officer: My original request clearly stated a need for the full name, title, and contact information of the FOIA officer handling my request. This information is crucial for transparency and accountability, and it aligns with my rights under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. This appeal seeks compliance with this specific request.
Confirmation of Accommodations: I requested written confirmation that all accommodations (email-only communication, accessible document formats, and simplified summaries) would be applied throughout this process. No such confirmation was received, and this lack of clarity impacts my ability to track and understand communications.
Justification for Appeal
As outlined in my initial request, these accommodations are essential for my ability to fully participate in this FOIA request process. Section 504 of the Rehabilitation Act and the ADA mandate equal access to information and accommodations for individuals with disabilities, especially when requesting public records. The agencys response does not meet these accessibility standards.
Requested Actions
Immediate Provision of FOIA Officer Contact Information: Please provide the full name, title, and contact information of the FOIA officer managing my request.
Written Confirmation of Accommodations: I request written acknowledgment that all accommodations listed in my initial FOIA request will be applied consistently. This includes confirmation that all documents will be provided in accessible formats, email-only communication, and simplified summaries for complex records.
Clarification on Forwarding Policy: Given the agencys statement that it cannot forward emails, I would appreciate guidance on ensuring my requests reach the correct department without compromising my accessibility needs.
Thank you for addressing these concerns promptly. My objective is to achieve equitable access to this information in compliance with federal law.
Sincerely,
David Medeiros
ABI Resources
Email: AabiWR@live.com
Address: 215 Mountain Street, Willimantic, CT 06226
To:
FOIA Appeals Officer,
U.S. Department of Labor, Wage and Hour Division
Email: foiaappeals@dol.gov
CC:
State of Connecticut Agencies:
Connecticut Department of Social Services (DSS):
Head: Dr. Deidre S. Gifford, Commissioner
Contact: foia.dss@ct.gov
Connecticut Office of the Attorney General:
Head: William Tong, Attorney General
Contact: attorney.general@ct.gov
Connecticut General Assembly (CGA):
Head: Senator Martin M. Looney, President Pro Tempore of the Senate
Contact: foia@cga.ct.gov
Connecticut Office of Policy and Management (OPM):
Head: Melissa McCaw, Secretary of the Office of Policy and Management
Contact: opm.foia@ct.gov
Connecticut Department of Public Health (DPH):
Head: Dr. Manisha Juthani, Commissioner
Contact: dph.foi@ct.gov
Federal Agencies:
U.S. Department of Health and Human Services (HHS):
Head: Xavier Becerra, Secretary
Contact: HHS_FOIA@hhs.gov
Centers for Medicare & Medicaid Services (CMS):
Head: Chiquita Brooks-LaSure, Administrator
Contact: FOIA_Request@cms.hhs.gov
U.S. Department of Justice (DOJ):
Head: Merrick B. Garland, Attorney General
Contact: foia.requests@usdoj.gov
U.S. Department of Housing and Urban Development (HUD):
Head: Marcia L. Fudge, Secretary
Contact: foiarequests@hud.gov
U.S. Department of Labor (DOL):
Head: Julie Su, Acting Secretary
Contact: foiarequests@dol.gov
Federal Trade Commission (FTC):
Head: Alvaro M. Bedoya, Chair
Contact: FOIA@ftc.gov
Subject: Master Appeal for FOIA Request: Records Pertaining to Medicaid Services for NPI 1962278119 and NPI 1023012345
Reference Number: Wage and Hour Division FOIA Request
Introduction
This appeal challenges the incomplete response to my FOIA request regarding records related to NPI 1962278119 and NPI 1023012345, filed under the Freedom of Information Act (5 U.S.C. 552). This submission outlines constitutional rights, federal and state statutory obligations, and ADA accommodations that were disregarded.
I respectfully request immediate compliance with transparency and accessibility requirements, including full application of non-negotiable ADA accommodations, provision of all requested records, and acknowledgment of constitutional violations detailed below.
Constitutional Rights Violated
1. First Amendment: Right to Public Information
Public agencies are obligated to provide transparent access to government records to ensure accountability. The failure to fulfill this FOIA request restricts my First Amendment right to scrutinize government actions involving public funds and Medicaid programs.
2. Fifth Amendment: Due Process Clause
The delayed and incomplete response to my FOIA request violates due process protections, as it denies me the timely and complete information needed to participate in oversight and advocacy regarding Medicaid services.
3. Fourteenth Amendment: Equal Protection Clause
The denial or inadequate processing of my request, compounded by the failure to meet ADA accommodations, discriminates against me as an individual with a disability, violating the Equal Protection Clause.
4. Supremacy Clause (Article VI): Federal FOIA Supersedes Procedural Barriers
The refusal to forward my request internally or provide proper redirection guidance contradicts the Supremacy Clause, which mandates compliance with federal FOIA obligations, regardless of internal procedural policies.
Federal and State Statutory Violations
1. Federal FOIA Non-Compliance (5 U.S.C. 552)
Failure to Conduct a Proper Search: No evidence was provided of a reasonable search across all databases and offices related to wage compliance, 14(c) certifications, and Medicaid labor practices.
Lack of Justifications for Redactions/Denials: The agency did not cite specific exemptions under 5 U.S.C. 552(b) for any withheld records.
Non-Referral to Appropriate Entities: Under 5 U.S.C. 552(a)(6)(C)(i), the agency must forward or refer my request to other relevant departments if records are outside its jurisdiction.
2. Connecticut FOIA Non-Compliance (Conn. Gen. Stat. 1-200 et seq.)
Prompt Processing: The agency failed to meet the requirement under C.G.S. 1-210(a) to make records available promptly, disregarding the urgency of public interest in this matter.
3. ADA and Rehabilitation Act Violations
The agency has not complied with 42 U.S.C. 12101 et seq. (ADA) and 29 U.S.C. 794 (Section 504), which require:
Email-only communication.
Accessible document formats.
Simplified summaries for complex records.
Clear identification of FOIA personnel for transparency.
Non-Negotiable ADA Accommodations
MuckRock Platform, Only Communication: All responses must be sent via MuckRock. No phone calls, physical mail, portals, or external links are acceptable.
Direct Text in Body: Responses must include substantive text in the email body for accessibility.
PDF Attachments for Documents: PDFs must be screen-reader compatible and properly formatted.
Simplified Summaries for Complex Records: Include summaries for ease of comprehension.
Identification of FOIA Personnel: Provide the names, titles, and contact information of all FOIA officers managing this request.
Detailed Justifications for Redactions and Denials: Cite legal exemptions with explanations under 5 U.S.C. 552(b).
Expedited Processing: Process this request immediately under 5 U.S.C. 552(a)(6)(E) and Executive Order 13392 due to public interest and urgency.
Specific Violations and Request Timeline
Initial Submission (November 2, 2024):
FOIA request submitted to Wage and Hour Division for records regarding NPIs 1962278119 and 1023012345.
Response (November 4, 2024):
The agency directed me to refile via a centralized mailbox, contrary to ADA accommodation requirements for seamless processing.
The agency suggested narrowing the scope but failed to assist with identifying investigative records or Case IDs, obstructing my ability to participate fully.
Failure to Forward Request (November 4, 2024):
Under 5 U.S.C. 552(a)(6)(C)(i), the agency is obligated to forward improperly directed requests internally or to provide clear referral guidance. This was not done, violating FOIA statutes.
Accommodation Denials (November 5, 2024):
Despite explicit requests, the agency failed to confirm application of ADA accommodations, did not provide FOIA officer details, and ignored the necessity for accessible formats and summaries.
Relief Requested
Comprehensive Record Search:
Conduct a full search across all relevant databases for wage and hour investigations, 14(c) certifications, and Medicaid labor practices associated with NPIs 1962278119 and 1023012345.
Referral to Other Agencies:
Forward the request to appropriate agencies or offices within the Department of Labor or federal agencies such as CMS or DOJ, as required by 5 U.S.C. 552(a)(6)(C)(i).
Application of ADA Accommodations:
Confirm and apply all ADA accommodations outlined above.
Provision of FOIA Officer Details:
Provide the name, title, and direct contact information for the FOIA officer managing this request.
Immediate Compliance with Expedited Processing:
Approve expedited processing based on public interest under 5 U.S.C. 552(a)(6)(E) and C.G.S. 1-210(a).
Justifications for Delays or Denials:
Provide detailed legal justifications for any delays, redactions, or denials, citing specific statutory exemptions under 5 U.S.C. 552(b).
Fee Waiver Approval:
Approve a fee waiver under 5 U.S.C. 552(a)(4)(A)(iii), as this request is in the public interest and not for commercial use.
Conclusion
This appeal demands immediate rectification of all procedural, statutory, and constitutional violations outlined above. I expect a substantive response within 10 business days. Please confirm receipt of this appeal and provide a timeline for compliance.
Sincerely,
David Medeiros
Founder & Owner, ABI Resources
215 Mountain Street
Willimantic, CT 06226
Email: AabiWR@live.com
Attachments:
Initial FOIA Request (November 2, 2024)
Department of Labor Response (November 4, 2024)
Freedom of Information Act Appeal and ADA Accommodation Violation Notification
Submitted By: David Medeiros
Date: November 25, 2024
Subject: FOIA Appeal for Non-Compliance, ADA Violations, and Request for Expedited Processing
Reference Number: 2025-A-00033
To:
FOIA Appeals Officer
Freedom of Information Act/Privacy Act
Division of Management and Administrative Legal Services
U.S. Department of Labor
200 Constitution Avenue, N.W., Suite N-2420
Washington, DC 20210
CC:
State of Connecticut Agencies:
Connecticut Department of Social Services (DSS): Dr. Deidre S. Gifford, Commissioner, foia.dss@ct.gov
Connecticut Office of the Attorney General: William Tong, Attorney General, attorney.general@ct.gov
Connecticut General Assembly (CGA): Senator Martin M. Looney, President Pro Tempore of the Senate, foia@cga.ct.gov
Connecticut Office of Policy and Management (OPM): Melissa McCaw, Secretary, opm.foia@ct.gov
Connecticut Department of Public Health (DPH): Dr. Manisha Juthani, Commissioner, dph.foi@ct.gov
Federal Agencies:
U.S. Department of Health and Human Services (HHS): Xavier Becerra, Secretary, HHS_FOIA@hhs.gov
Centers for Medicare & Medicaid Services (CMS): Chiquita Brooks-LaSure, Administrator, FOIA_Request@cms.hhs.gov
U.S. Department of Justice (DOJ): Merrick B. Garland, Attorney General, foia.requests@usdoj.gov
U.S. Department of Housing and Urban Development (HUD): Marcia L. Fudge, Secretary, foiarequests@hud.gov
U.S. Department of Labor (DOL): Julie Su, Acting Secretary, foiarequests@dol.gov
Federal Trade Commission (FTC): Alvaro M. Bedoya, Chair, FOIA@ftc.gov
Additional Oversight Bodies:
Office for Civil Rights (OCR): For ADA violations and enforcement.
Office of Government Information Services (OGIS): For FOIA mediation.
U.S. Office of Special Counsel (OSC): For systemic failures in whistleblower protections.
Department of Government Efficiency (DOGE): For systemic inefficiency review and accountability.
Introduction
November 25, 2024
Dear FOIA Appeals Unit and Mr. Raymond E. Mitten Jr.,
I am writing to formally address the ongoing manipulation and failure to comply with my non-negotiable ADA accommodations as specified in my FOIA request and appeal (Reference No. 2025-A-00033). This communication is also intended to underscore the systemic patterns of non-compliance that impact individuals requesting basic accommodations under federal law, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
Violation of ADA Accommodations
Despite my explicit request that all communications and records related to my FOIA request be handled exclusively through the MuckRock platform, I have received email correspondence from Anita Johnson (Johnson.Anita.L@dol.gov), bypassing the mandated platform. This deviation constitutes a direct violation of my rights under:
42 U.S.C. 12101 et seq. (ADA): Ensuring equal access and accommodation in government processes.
29 U.S.C. 794 (Section 504 of the Rehabilitation Act): Mandating reasonable accommodations in federally funded programs.
This failure undermines the transparency and accessibility safeguards critical to my participation in this process.
This appeal challenges the incomplete response to my FOIA request (Reference No. 2025-A-00033) concerning records related to NPIs 1962278119 and 1023012345. This document highlights:
Constitutional Rights Violations:
First, Fifth, and Fourteenth Amendment breaches.
FOIA Non-Compliance:
Failure to conduct reasonable searches and provide justifications for redactions.
ADA Accommodation Violations:
Refusal to meet non-negotiable accessibility requirements.
Urgency of Public Interest:
Impact on vulnerable Medicaid populations and potential misuse of taxpayer funds.
I demand immediate compliance with transparency and accessibility requirements as mandated by federal law and constitutional protections.
Constitutional Rights Violated
First Amendment:
My right to access public records for government transparency has been hindered. The failure to fulfill this request restricts my ability to scrutinize the use of public funds and advocate for systemic accountability.
Fifth Amendment (Due Process Clause):
The delay and inadequate response violate due process protections by obstructing my participation in Medicaid oversight and advocacy for vulnerable populations.
Fourteenth Amendment (Equal Protection Clause):
Failure to provide ADA accommodations discriminates against me as an individual with a disability, violating my right to equal protection under the law.
Supremacy Clause (Article VI):
Internal procedural policies cannot override federal FOIA requirements. The refusal to forward my request within the agency contradicts the Supremacy Clause.
Federal and State Statutory Violations
FOIA Non-Compliance (5 U.S.C. 552):
No evidence of a reasonable search for wage compliance, 14(c) certifications, or Medicaid labor practices.
Failure to cite specific exemptions under 5 U.S.C. 552(b) for redactions or denials.
Connecticut FOIA Non-Compliance (Conn. Gen. Stat. 1-210):
Failure to meet statutory requirements for prompt record availability and public interest considerations.
ADA and Rehabilitation Act Violations:
42 U.S.C. 12182(b)(2)(A)(ii) and 29 U.S.C. 794d (Section 508) require electronic communication, accessible formats, and simplified summaries, none of which have been provided.
Corrective Actions Demanded
1. Immediate Action on ADA Accommodations:
MuckRock Platform Only: All communications must be sent exclusively via MuckRock, as requested.
Accessible Formats: Provide all documents in screen-reader-compatible PDFs.
Simplified Summaries: Include summaries for complex financial or legal records.
FOIA Officer Details: Name, title, and contact information of the FOIA officer must be provided.
2. Comprehensive Record Search:
Conduct a full search for records related to NPIs 1962278119 and 1023012345 across all relevant databases, including wage investigations, Medicaid compliance, and 14(c) certifications.
3. Referral to Other Agencies:
Forward my request to appropriate offices under 5 U.S.C. 552(a)(6)(C)(i) if records are outside your jurisdiction.
4. Expedited Processing and Fee Waiver:
Approve expedited processing under 5 U.S.C. 552(a)(6)(E) and waive fees due to the public interest nature of this request.
Timeline for Compliance
MuckRock Acknowledgment: 1 business day.
ADA Accommodation Confirmation: 2 business days.
Comprehensive Record Search and Referral: 5 business days.
Full Response with Justifications: 10 business days.
Escalation Framework
ADA Compliance: File a complaint with the Office for Civil Rights (OCR) for ADA violations.
FOIA Mediation: Notify the Office of Government Information Services (OGIS) for mediation.
Systemic Failures: Report to the U.S. Office of Special Counsel (OSC) for whistleblower protections.
Congressional Oversight: Escalate to Congressional Oversight Committees and DOGE Department of Government Efficiency for systemic inefficiency review.
Conclusion
I expect immediate compliance with this appeal. Failure to act will result in escalation to oversight bodies and legal action to enforce my constitutional and statutory rights. Confirm receipt within 1 business day and provide a timeline for resolution.
Sincerely,
David Medeiros
Founder & Owner, ABI Resources
DB.42.131.Inf.
CC:
Kristen Clarke (Assistant Attorney General)
Bobak Talebian (Director, Office of Information Policy)
Aundra Luckey (FOIA/PA Unit, Civil Rights Division)
OGIS (Office of Government Information Services)
Merrick B. Garland (Attorney General)
Chiquita Brooks-LaSure (CMS Administrator)
Xavier Becerra (HHS Secretary)
Congressional Oversight Committees:
House Committee on Oversight and Accountability
Senate Committee on Homeland Security and Governmental Affairs
House Subcommittee on Civil Rights and Civil Liberties
Senate Judiciary Committee Chairperson
Additional Oversight Entities:
U.S. Government Accountability Office (GAO)
Office of Special Counsel (OSC)
House Committee on Oversight and Accountability
Chairman: James Comer (R-KY)
Senate Committee on Homeland Security and Governmental Affairs
Chairman: Gary Peters (D-MI)
House Subcommittee on Civil Rights and Civil Liberties
Chairman: Jamie Raskin (D-MD)
Senate Judiciary Committee
Chairman: Dick Durbin (D-IL)
Additional Oversight Entities:
U.S. Government Accountability Office (GAO)
Comptroller General: Gene L. Dodaro
U.S. Office of Special Counsel (OSC)
FOIA compliance, ADA accommodations, Medicaid transparency, systemic reform, whistleblower protections, accountability in government, healthcare fraud investigations, Medicaid oversight, DOJ records request, civil rights enforcement, accessibility advocacy, whistleblower retaliation, constitutional law, First Amendment transparency, Fifth Amendment due process, Fourteenth Amendment equal protection, taxpayer accountability, inter-agency communications, OIG audits, congressional oversight, GAO reviews, federal-state coordination, Medicaid fraud prevention, healthcare policy reform, government transparency. FOIA Exemption Codes (5 U.S.C. 552(b)): b(1), b(3), b(5)) Whistleblower Protections (5 U.S.C. 2302(b)(8)): "ADA compliance," "Title II violations," and "civil rights complaints" DOJ, CMS, FBI, OIG, OSC, GAO, DHS Medicaid fraud," "systemic discrimination," "government transparency," and "FOIA litigation DB.42.131.Inf. Statutory and Executive Codes
5 U.S.C. 552: Freedom of Information Act (FOIA) Mandates transparency and inter-agency cooperation for information sharing.
42 U.S.C. 12132: Americans with Disabilities Act (ADA) Title II Requires accessibility and cross-agency compliance.
29 U.S.C. 794: Rehabilitation Act, Section 504 Prohibits discrimination across federally funded programs.
5 U.S.C. 2302(b)(8): Whistleblower Protection Act Shields employees reporting violations across agencies.
Executive Order 13392: Improving Agency Disclosure Calls for government-wide improvements in FOIA processing.
44 U.S.C. 3501: Paperwork Reduction Act Encourages streamlined data sharing and reduced duplication.
31 U.S.C. 3729-3733: False Claims Act Promotes inter-agency coordination in addressing fraud and misuse of federal funds.
6 U.S.C. 485: Homeland Security Information Sharing Establishes cross-agency information-sharing protocols. "Systemic enforcement challenges requiring cross-agency collaboration."
"Mandated by Executive Order 13392 for improved inter-agency transparency."
"Coordinated federal response necessary for compliance with 42 U.S.C. 12132."
"In alignment with Unified Federal Response Framework principles."
"Urgent action required to address inter-agency statutory obligations under FOIA and ADA." Office of Management and Budget (OMB): Coordinates federal budget and compliance.
Government Accountability Office (GAO): Investigates federal agency operations.
Office of Special Counsel (OSC): Manages whistleblower disclosures.
Department of Justice (DOJ) Civil Rights Division: Enforces ADA and civil rights laws.
This Freedom of Information Act (FOIA) request demands the immediate attention of the highest authorities in the U.S. government. It directly addresses systemic failures in Medicaid oversight, ADA enforcement, and whistleblower protectionsissues central to the lives of millions of Americans and critical to the integrity of federal and state programs. By exposing potential misuse of taxpayer funds and barriers to accessibility for vulnerable populations, this request transcends individual cases to reveal a broader narrative of systemic accountability, justice, and public trust. Leaders in Congress, the Department of Justice, and oversight agencies have a constitutional obligation to act decisively on this matter to uphold the values of transparency, equality, and justice that underpin our democracy. Failure to respond promptly and fully to this FOIA request risks exposing entrenched inequities that erode public faith in our institutions.
This FOIA request also represents a rallying cry for journalists, advocates, and every American committed to justice and systemic reform. It shines a spotlight on the intersection of healthcare, civil rights, and government accountability, demanding immediate national discourse and united action. As the most comprehensive and consequential transparency effort in U.S. history, it calls for investigative reporting that transcends political divisions and highlights the universal human rights at stake. This is not just a request for informationit is a demand for transformative change, and its response has the potential to shape the future of U.S. healthcare and governance, sparking a nationwide movement for accountability, equity, and justice.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Explicit References to Key Case Law
Tennessee v. Lane (2004): Establishes the mandate for ADA enforcement and access rights, reinforcing that equitable accommodations are not optional but a legal obligation.
NARA v. Favish (2004): Confirms FOIAs purpose of ensuring transparency in matters of public interest, especially when systemic failures and accountability are at stake.
Chevron U.S.A. Inc. v. NRDC (1984): Sets limits on agency discretion, ensuring FOIA exemptions are applied narrowly and in good faith to uphold public access to critical records.
Strengthened ADA Language
Under 42 U.S.C. 12182(b)(2)(A)(ii) and 29 U.S.C. 794, ADA accommodations are non-negotiable and must be fully implemented to guarantee equitable access to the FOIA process. Any failure to comply with these mandates constitutes systemic discrimination, violating the fundamental principles of equity and accessibility as enshrined in federal law.
Elevated Congressional Involvement
This matter requires immediate attention from Congressional oversight committees, including the House Committee on Oversight and Accountability and the Senate Committee on Homeland Security and Governmental Affairs. The systemic inefficiencies, corruption, and non-compliance revealed by this FOIA request undermine public trust and actively harm vulnerable populations. Congressional action is essential to ensure accountability and prevent further erosion of transparency and justice.
FOIA Enforcement Directives
Agencies are legally obligated under 5 U.S.C. 552(a)(6)(E) to adhere to statutory timelines for processing this FOIA request. Failure to meet these deadlines will result in:
Immediate escalation to the Office of Government Information Services (OGIS) for mediation.
Judicial intervention to enforce compliance and transparency mandates.
Direct Congressional review of the agencys non-compliance and its systemic implications for public accountability.
Impact on Vulnerable Populations
Every delay in fulfilling this FOIA request perpetuates harm to vulnerable populations, including individuals with disabilities, Medicaid beneficiaries, and whistleblowers. These groups depend on transparent and accountable systems to protect their rights and ensure equitable access to care and services. Responding to this request is not merely a legal duty but a moral imperative to uphold justice for those most affected by systemic failures.
David Medeiros
ABI Resources
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 4, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 4, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 4, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
