Communication 1 ·
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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
