FOIA request 176223 to Department of Health and Human Services
Comprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report
First saved message 2024-11-13; last saved message 2025-02-21. 14 messages and 4 export-file entries.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Comprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report
Subject: Comprehensive FOIA Request for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report
To:
FOIA Officer, Centers for Medicare & Medicaid Services (CMS)
FOIA Officer, Office for Civil Rights (OCR), U.S. Department of Health and Human Services (HHS)
FOIA Officer, Civil Rights Division, U.S. Department of Justice (DOJ)
FOIA Officer, Office of Special Counsel (OSC)
FOIA Officer, Connecticut Department of Social Services (DSS)
FOIA Officer, Office of Inspector General (OIG), Department of Health and Human Services (HHS)
Summary of FOIA Request
This FOIA request demands comprehensive documentation regarding retaliatory actions, ADA non-compliance, and procedural violations by the Connecticut Department of Social Services (DSS) and the Centers for Medicare & Medicaid Services (CMS) following a whistleblower report submitted by David Medeiros, founder of ABI Resources, LLC, on December 18, 2023. It further seeks records held by federal oversight agencies on related actions, communications, and decisions.
Purpose of Request
This request seeks complete, unredacted records to establish evidence of:
Retaliatory Actions: Impacts on ABI Resources, including Medicaid billing restrictions, program changes, and ticket closures.
ADA Non-Compliance: Documenting any failures by DSS, CMS, and associated entities in providing accessible communication for David Medeiros.
FOIA Procedural Violations: Highlighting instances of partial responses and unsupported denials of relevant records.
Scope of Records Sought
The records requested cover December 1, 2023, to present. This scope includes, but is not limited to, emails, text messages, digital communications, internal memoranda, directives, meeting notes, attachments, drafts, and related working documents across all relevant departments, divisions, or offices.
1. Medicaid Billing Suspension and Sandata EVV Ticket #539494 (CMS and DSS)
Comprehensive Communications and Directives: Full records (emails, memos, reports, directives, attachments, text messages) from DSS, CMS, and Sandata Technologies concerning Medicaid billing privileges for ABI Resources, LLC, including names and roles of those involved in discussions and approvals.
Complete Documentation of Sandata EVV Ticket #539494: All records associated with Ticket #539494, including:
Initial ticket details, problem descriptions, resolution requests, and follow-ups.
Communications detailing each stage of the tickets handling, the reason for marking it resolved, and personnel involved in closing it.
2. Retaliatory Actions Following December 18, 2023, Whistleblower Report (DSS, CMS, DOJ, OSC)
Internal and External Correspondence: All records, including emails, directives, text messages, memos, and meeting notes, discussing the whistleblower report filed on December 18, 2023, including responses, assessments, and any retaliatory actions considered or taken against ABI Resources.
Documentation of Investigative Actions: All documentation related to any investigations launched in response to the whistleblower complaint, identifying personnel involved, findings, and any recommendations or disciplinary actions.
3. ADA Compliance Documentation and Accommodation Requests (OCR, DOJ, DSS, CMS)
ADA Accommodation Requests: All records concerning ADA accommodations requested by David Medeiros and ABI Resources, with full documentation of responses, denials, and any internal discussions on ADA compliance obligations.
ADA Compliance Policies and Internal Guidelines: Copies of internal policies, training materials, and guidelines used by DSS and CMS related to ADA compliance, particularly on communication accessibility and auxiliary aids for individuals with disabilities.
4. Records on Program Changes Impacting ABI Resources (DSS, CMS)
Companion Authorizations Termination Records: All communications, policy documents, and assessments on the termination of companion authorizations for the ABI Waiver Program as of December 31, 2023, including any correspondence between DSS, CMS, and Sandata Technologies related to this decision.
5. Documentation of Specific Individuals Involvement (All Relevant Agencies)
Records Involving Named Personnel:
Andrea Barton Reeves, Commissioner, DSS
Matthew S. Antonetti, Legal Director, DSS
Astread Ferron-Poole, DSS Associate
Michelle A. James and Emmett Nicholson, CMS officials overseeing Medicaid compliance
All communications, directives, notes, meeting minutes, or any form of correspondence or records involving the above-named individuals with respect to ABI Resources, LLC, particularly regarding Medicaid billing restrictions, ADA accommodation requests, and actions following the December 18, 2023, whistleblower report.
Legal Basis for FOIA Request and Compliance Mandates
1. FOIA Compliance (5 U.S.C. 552)
FOIA mandates timely responses, full disclosure of non-exempt records, and explicit justifications for any redactions or denials. Any failure by DSS, CMS, or other federal agencies to meet these statutory requirements will constitute non-compliance. All denials must include precise statutory citations under FOIA, and records must be provided in their entirety unless exemptions are clearly and legally justified.
2. ADA Compliance Obligations (42 U.S.C. 12132; 28 C.F.R. 35.160)
Under Title II of the ADA, public entities must ensure effective communication with individuals with disabilities. This includes providing accessible documents in screen-reader-compatible formats and meeting specific requests for auxiliary aids. DSS and CMSs failure to meet these requests for ADA accommodations in communications constitutes non-compliance under federal ADA statutes.
3. Federal Whistleblower Protection Standards
Whistleblower protections prohibit retaliation against individuals who report agency misconduct. The actions taken against ABI Resources and David Medeiros, including billing suspension, premature ticket resolution, and operational disruptions following his whistleblower report, are viewed as retaliatory actions that must be substantiated and documented by all relevant agencies.
Specific Demands for Compliance
To ensure adherence to FOIA and ADA mandates, and to facilitate the transparency required by federal and state law, I formally request:
Delivery of ADA-Compliant Records in Full:
Email-Only Communication via MuckRock Platform: All responses, updates, and records must be sent exclusively via email to eliminate accessibility barriers. CMS must refrain from using phone calls, physical mail, or portal-based responses.
Direct Text in Email Body: Embed response text directly in the email body for immediate readability and accessibility.
PDF Attachments for Documents: All records should be provided as clearly labeled PDF attachments, organized by date and document type, with original formatting preserved for clarity and navigability.
Identification of Responsible Personnel: Each response must include names, titles, and contact information of all FOIA officers, decision-makers, and supervisory personnel responsible for processing my request, ensuring transparency and accountability.
Detailed Justifications for Redactions and Denials: Any information withheld or redacted must include detailed explanations citing specific statutory exemptions, in accordance with 5 U.S.C. 552(b). These explanations must include enough detail to verify the legal basis for each exemption claimed.
Request for Expedited Processing of FOIA Request
Pursuant to 5 U.S.C. 552(a)(6)(E), I formally request expedited processing of this FOIA request. This demand is based on critical statutory factors, including significant public interest, imminent risks to the rights of individuals with disabilities, and the need for urgent transparency to prevent ongoing retaliatory actions by public agencies.
Failure to grant expedited processing within the statutory 10-day review period will constitute non-compliance with FOIAs provisions, necessitating formal escalation of this request to administrative or legal authorities.
Consequences of Non-Compliance
Failure to respond to this FOIA request in full compliance, or any delays without proper statutory explanation, may result in formal escalation through administrative, legal, or public channels. DSS, CMS, and other involved agencies are expected to adhere strictly to statutory timelines, ensuring transparency and adherence to ADA and FOIA standards. Non-compliance will be documented and pursued through all available legal remedies.
Conclusion
This FOIA request seeks full and unambiguous access to records necessary to verify and substantiate claims of retaliation, ADA non-compliance, and procedural violations following the December 18, 2023, whistleblower report. I expect each agency to adhere strictly to both FOIA and ADA standards, ensuring prompt and thorough disclosure of all relevant documentation.
Sincerely,
David Medeiros
Founder, ABI Resources, LLC
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,
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Regards,
U.S. Department of Health & Human Services
Dear DAVID MEDEIROS,
Your profile has been created in theHHS FOIA Submission Site and an email has been sent to the email address provided with a link to create your password to access your profile. Go tohttps://requests.publiclink.hhs.gov once you have created your password.
User Name: 176223-39868678@requests.muckrock.com
If you have any previously submitted requests to U.S. Department of Health & Human Services you will be able to view them when you login.
Regards,
U.S. Department of Health & Human Services
Dear DAVID MEDEIROS,
Request #2025-00575-FOIA-PHS has been assigned to the request you submitted. In all future correspondence regarding this request please reference request #2025-00575-FOIA-PHS.
Regards,
U.S. Department of Health & Human Services
Dear DAVID MEDEIROS,
The status of your FOIA request #2025-00575-FOIA-PHS has been updated to the following status 'Received'. To log into the HHS FOIA Submission Site click on the Application URL below.
https://requests.publiclink.hhs.gov
Sincerely,
U.S. Department of Health & Human Services
From: David Medeiros
Date: November 13, 2024
Subject: Freedom of Information Act Request: Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources LLC, Ticket #539494 Following December 18, 2023, Whistleblower Report (Department of Health and Human Services)
To:
FOIA Officer, Centers for Medicare & Medicaid Services (CMS)
FOIA Officer, Office for Civil Rights (OCR), U.S. Department of Health and Human Services (HHS)
FOIA Officer, Civil Rights Division, U.S. Department of Justice (DOJ)
FOIA Officer, Office of Special Counsel (OSC)
FOIA Officer, Connecticut Department of Social Services (DSS)
FOIA Officer, Office of Inspector General (OIG), Department of Health and Human Services (HHS)
Request Summary
This Freedom of Information Act (FOIA) request seeks comprehensive documentation on Medicaid billing actions, ADA compliance, and retaliatory measures taken against ABI Resources LLC and David Medeiros following the December 18, 2023, whistleblower report. These records are vital for ensuring accountability, ADA compliance, and transparency in federally funded programs, pursuant to constitutional and federal legal requirements.
Purpose of Request
This request aims to establish evidence for:
Retaliatory Actions: Document impacts on ABI Resources, including Medicaid billing restrictions, program changes, and the handling of Sandata EVV Ticket #539494.
ADA Non-Compliance: Verify any failures by DSS, CMS, and associated entities in providing accessible communication.
FOIA Procedural Violations: Highlight instances of partial responses or unsupported denials of relevant records.
Scope of Records Sought
The requested records span from December 1, 2023, to the present and include, but are not limited to:
1. Medicaid Billing Suspension and Sandata EVV Ticket #539494 (CMS and DSS)
Comprehensive Communications and Directives: Full records, including emails, memos, directives, and text messages, involving DSS, CMS, and Sandata Technologies regarding Medicaid billing privileges for ABI Resources LLC.
Complete Ticket Documentation: All records associated with Ticket #539494, including ticket creation, problem descriptions, resolution requests, and closure details.
2. Retaliatory Actions Following the December 18, 2023, Whistleblower Report
Internal and External Correspondence: Records discussing the whistleblower report and subsequent retaliatory actions.
Investigative Actions: Documentation of investigations initiated in response to the whistleblower complaint, identifying findings and personnel involved.
3. ADA Compliance Documentation and Accommodation Requests
Accommodation Requests: Documentation of ADA accommodations requested by David Medeiros, including all correspondence and internal deliberations.
Policies and Training Materials: Internal policies, guidelines, and training materials addressing ADA compliance obligations.
4. Records on Program Changes Impacting ABI Resources
Termination of Companion Authorizations: Records on the decision to terminate companion authorizations for the ABI Waiver Program as of December 31, 2023.
5. Documentation of Involvement of Specific Individuals
Records related to:
Andrea Barton Reeves, Commissioner, DSS
Matthew S. Antonetti, Legal Director, DSS
Astread Ferron-Poole, DSS Associate
Michelle A. James and Emmett Nicholson, CMS officials overseeing Medicaid compliance
Legal Basis for FOIA Request and Compliance Mandates
FOIA Compliance (5 U.S.C. 552)
FOIA mandates timely responses, full disclosure of non-exempt records, and precise statutory justifications for any redactions or denials.
ADA Compliance Obligations (42 U.S.C. 12132; 28 C.F.R. 35.160)
Title II of the ADA requires public entities to ensure effective communication, including the provision of screen-reader-compatible documents.
Federal Whistleblower Protection Standards
Retaliatory actions against whistleblowers violate federal protections under 5 U.S.C. 2302.
Specific Compliance Demands
Delivery via MuckRock Platform: All responses must be provided exclusively through the MuckRock platform to eliminate accessibility barriers.
Text in Email Body: Response text must be embedded in the email body. Attachments may supplement but not replace this format.
PDF Attachments: All documents must be provided as clearly labeled PDFs, organized by date and type.
Identification of Personnel: Responses must include names, titles, and contact details of responsible FOIA officers.
Justifications for Redactions and Denials: Detailed statutory citations must accompany any withheld or redacted information.
Request for Expedited Processing
Pursuant to 5 U.S.C. 552(a)(6)(E), this request qualifies for expedited processing due to its significant public interest and implications for the rights of individuals with disabilities.
Consequences of Non-Compliance
Failure to adhere to FOIAs statutory requirements or ADA mandates will prompt formal escalation through administrative, legal, and public channels. This includes:
Filing complaints with the Office for Civil Rights (OCR) and Office of Government Information Services (OGIS).
Pursuing legal remedies under FOIA and ADA provisions.
Conclusion
This FOIA request seeks full and unambiguous access to records critical for substantiating claims of retaliation, ADA non-compliance, and procedural violations. Compliance ensures accountability and transparency in federally funded programs.
Thank you for your prompt attention.
Sincerely,
David Medeiros
Founder, ABI Resources
Dear DAVID MEDEIROS,
Your request number was changed from 2025-00575-FOIA-PHS to 2025-00638-FOIA-OS, by the agency. Please note the new case number to quote in your future correspondence about the request.
Regards,
U.S. Department of Health & Human Services
Dear David Medeiros, Please see the attached Acknowledgement Letter in response to your FOIA Request submitted to the Department of Health and Human Services (HHS) viaPAL onNovember 18, 2024.
The letter contains importantinformation concerning your FOIA matter which has been assigned tracking number 2025-00638-FOIA-OS. For status updates orother inquiries, please contact our office via email at FOIARequest@hhs.gov or email me atSabrina.Benjamin@hhs.gov . Please include your tracking number in the subject line of your inquiry.
Please note that a portion of your request is being referred to the Centers for Medicare and Medicaid Services (CMS) fordirect response to you. Because HHS FOIA administration is decentralized,your request will be closed in this office. Upon receipt, CMS will log yourrequest, and provide you with a new tracking number for your reference. You maycheck the status of your request with CMS at 410-786-5353 or foiarequest@cms.hhs.gov (mailto:foiarequest@cms.hhs.gov) . Sincerely, Sabrina Benjamin
OS FOIA Division Intake Assistant Secretary for Public Affairs (ASPA) Office of the Secretary (OS) U.S. Department of Health and Human Services (HHS)
Dear David Mediros, Please see the attached Acknowledgement Letter in response to your FOIA Request submitted to the Department of Health and Human Services (HHS) viaPAL onNovember 18, 2024.
The letter contains importantinformation concerning your FOIA matter which has been assigned tracking number 2025-00638-FOIA-OS. For status updates orother inquiries, please contact our office via email at FOIARequest@hhs.gov or email me atSabrina.Benjamin@hhs.gov . Please include your tracking number in the subject line of your inquiry, Sincerely, Sabrina Benjamin
OS FOIA Division Intake Assistant Secretary for Public Affairs (ASPA) Office of the Secretary (OS) U.S. Department of Health and Human Services (HHS)
Subject: FOIA Appeal for Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources LLC, Ticket #539494
To:
FOIA Officer, Centers for Medicare & Medicaid Services (CMS)
FOIA Officer, Office for Civil Rights (OCR), U.S. Department of Health and Human Services (HHS)
FOIA Officer, Civil Rights Division, U.S. Department of Justice (DOJ)
FOIA Officer, Office of Special Counsel (OSC)
FOIA Officer, Connecticut Department of Social Services (DSS)
FOIA Officer, Office of Inspector General (OIG), Department of Health and Human Services (HHS)
Summary of FOIA Request
This appeal addresses violations of constitutional law, FOIA requirements, and ADA compliance obligations. It demands complete, unredacted records related to retaliatory actions, ADA non-compliance, and procedural violations following my whistleblower report of December 18, 2023. These records are vital for establishing:
Retaliatory Actions: Against ABI Resources, LLC and David Medeiros, including Medicaid billing restrictions and premature closure of Sandata EVV Ticket #539494.
ADA Non-Compliance: By DSS, CMS, and associated agencies regarding communication accessibility.
FOIA Violations: Delays, partial responses, and unsupported denials of records.
Purpose and Legal Basis for This Request
This request is grounded in:
Constitutional Principles:
First Amendment: Public right to oversight of taxpayer-funded Medicaid programs.
Fifth Amendment: Due process violations in retaliatory actions and ADA non-compliance.
Supremacy Clause: Federal laws (FOIA, ADA) supersede state and internal agency policies.
FOIA Compliance:
5 U.S.C. 552 mandates full disclosure of non-exempt records and justifications for any redactions.
ADA Compliance Obligations:
Title II of the ADA (42 U.S.C. 12132) requires effective communication and accommodations.
DSS and CMS's failure to meet these standards is actionable non-compliance.
Whistleblower Protections:
5 U.S.C. 2302 prohibits retaliation against whistleblowers reporting agency misconduct.
Specific Records Requested
Records requested span December 1, 2023, to present and include:
Medicaid Billing Suspension and Sandata EVV Ticket #539494:
Communications, directives, and notes between DSS, CMS, and Sandata Technologies.
All documentation related to Ticket #539494, including creation, problem descriptions, personnel, and closure details.
Retaliatory Actions Following Whistleblower Report:
Internal/external correspondence and investigative actions following the December 18, 2023, report.
Personnel involved, findings, and recommendations.
ADA Compliance Documentation:
ADA accommodation requests, responses, denials, and internal deliberations.
DSS and CMS training materials, policies, and guidelines on ADA compliance.
Records on Program Changes Impacting ABI Resources:
Documentation on the termination of companion authorizations under the ABI Waiver Program as of December 31, 2023.
Named Personnel Involvement:
Records involving Andrea Barton Reeves (DSS), Matthew S. Antonetti (DSS), Astread Ferron-Poole (DSS), and CMS officials Michelle A. James and Emmett Nicholson.
ADA Accommodation Requirements
To comply with the Americans with Disabilities Act (42 U.S.C. 12101), I request the following accommodations:
Email-Only Communication:
All responses must be sent via the MuckRock platform, eliminating physical mail, portals, or external links.
Direct Text in Email Body:
Embed response text directly into the email body for accessibility. Attachments should only supplement the embedded content.
Screen-Reader-Compatible PDFs:
Attachments must be ADA-compliant, clearly labeled, and maintain original formatting.
Personnel Identification:
Include the full name, title, and contact information of all FOIA officers, decision-makers, and supervisors.
Summaries for Complex Records:
Provide simplified summaries for any records containing dense legal, financial, or procedural information.
Detailed Justifications for Redactions/Denials:
Justify each redaction or denial with statutory citations per 5 U.S.C. 552(b).
Request for Expedited Processing
This request qualifies for expedited processing under 5 U.S.C. 552(a)(6)(E) due to:
Significant public interest in preventing further retaliation and ADA non-compliance.
Immediate risks to the rights of individuals with disabilities and whistleblowers.
Demand for Timelines and Accountability
Acknowledgment of ADA Accommodations: Confirm compliance with accommodations within 5 business days.
Completion Timeline: Provide an estimated date of completion (EDC) for this request within 10 business days, as required by 5 U.S.C. 552(a)(7)(B).
Vaughn Index: If any records are withheld or redacted, provide a detailed Vaughn Index.
Consequences of Non-Compliance
Failure to comply with FOIA or ADA obligations will result in escalation to:
Office of Government Information Services (OGIS) for FOIA mediation.
Department of Justice (DOJ) for ADA violations and retaliation.
Federal Court for enforcement of FOIA, ADA, and whistleblower protections.
Conclusion
This request seeks complete transparency and accountability for federally funded Medicaid programs, ADA compliance, and whistleblower protections. Non-compliance will be escalated promptly.
I look forward to acknowledgment and adherence to statutory obligations.
Sincerely,
David Medeiros
Founder, ABI Resources, LLC
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. 18, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2025-00638-FOIA-OS.
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. 18, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2025-00638-FOIA-OS.
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. 18, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2025-00638-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
HelloDAVID MEDEIROS, Attached is the final response to your FOIA request 2025-00638-FOIA-OS. If you have any questions, please contact OS FOIA Division foiarequest@hhs.gov.
Sincerely,
HHS OS FOIA Division
