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 2024-12-19. 14 messages and 3 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
Your password recovery link:
https://pal.foia.state.gov/App/SetPassword.aspx?aun=VYGwM+GTozbphV3t1i/0S8y7fN6Kalq8odPdUtar9n0= (https://pal.foia.state.gov/App/SetPassword.aspx?aun=VYGwM+GTozbphV3t1i/0S8y7fN6Kalq8odPdUtar9n0=)
Click the link above to return toU.S. Department of State PAL and create your new password.
Dear DAVID MEDEIROS,
Thank you for creating a profile in the Department of State's database. The Department created a temporary password and sent it to the email address provided.Please check your email for this temporary password and return tohttps://pal.foia.state.gov to login.
Username: 176234-66651589@requests.muckrock.com
Kindly change the password provided by us. Should you require further assistance, please contact FOIAStatus@state.gov
Regards,
Requesters Communications Branch
Office of Information Programs and Services
U.S. Department of State
Dear DAVID MEDEIROS:
This acknowledges you information access request to the U.S. Department of State. Your request numberisF-2025-03523.You will find additional information such as the date your request was received and your request status in your electronic portal page under this case number.
If you requested expedited processing, a fee waiver, or if unusual circumstances apply, you will receive additional correspondence from us.
For further assistance or to discuss any aspect of your request, you may contact our FOIA Requester Service Center or our FOIA Public Liaison via email to FOIAStatus@state.gov or by telephone at (202) 261-8484. (mailto:FOIAStatus@state.gov)
Regards,
Requesters Communications Branch
Office of Information Programs and Services
U.S. Department of State
Dear DAVID MEDEIROS,
The status of your FOIA request #F-2025-03523 has been updated to the following status 'Received'. To learn more, you may log into the DoS FOIA Portal via the Application URL at https://pal.foia.state.gov.
If that status is "On Hold", please review the email you received and provide the requested information. If you did not receive an email, please contact the FOIA Requester Service Center via email at FOIAStatus@state.gov. (mailto:FOIAStatus@state.gov)
If that status is "Closed" or "Documents Delivered", then the Department's response will be emailed or mailed (via US Postal Service). Please check your email account (including junk/spam mail) for the Department's response OR allow 7 to 10 business days to receive the Department's response by US Postal Service mail.
Regards,
U.S. Department of State
From: DAVID MEDEIROS
Date: November 19, 2024
Subject: Freedom of Information Act Request: Comprehensive Records on Medicaid Billing Actions, ADA Compliance, and Retaliation Against ABI Resources LLC Following Whistleblower Report
To Whom It May Concern:
Pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. 552) and constitutional rights afforded under the First and Fifth Amendments, I hereby submit this comprehensive FOIA request. My request demands transparency in federally funded programs, ensures ADA compliance for individuals with disabilities, and exposes potential retaliatory actions against whistleblowers, as required by whistleblower protection laws.
Scope of FOIA Request
This request seeks all unredacted records related to the following topics:
Medicaid Billing Restrictions and EVV Ticket #539494
All communications, emails, directives, and memoranda regarding the suspension of Medicaid billing privileges for ABI Resources, LLC.
Detailed records of discussions with Sandata Technologies, including logs, resolution timelines, and approvals.
Complete documentation regarding the resolution and closure of Ticket #539494.
ADA Compliance Failures
All internal and external correspondence about ADA accommodation requests submitted by David Medeiros or ABI Resources, LLC.
Documentation of ADA compliance policies, training materials, and internal audits related to federally funded programs.
Retaliatory Actions Against Whistleblower
Investigative records, internal assessments, and communications involving DSS, CMS, or federal agencies concerning the December 18, 2023, whistleblower report.
Records of any retaliatory decisions impacting ABI Resources operations or Medicaid billing status.
Program Changes Impacting ABI Resources
Communications about the termination of companion authorizations in the ABI Waiver Program.
Policies, directives, and justifications for any program changes affecting Medicaid services for individuals with disabilities.
Personnel Involvement
Records involving the following individuals:
Andrea Barton Reeves (Commissioner, DSS)
Matthew S. Antonetti (Legal Director, DSS)
Astread Ferron-Poole (DSS Associate)
Michelle A. James and Emmett Nicholson (CMS officials)
Include correspondence, meeting notes, and decisions directly tied to ABI Resources and the issues outlined above.
Legal Basis for FOIA Request
1. Constitutional Rights
First Amendment: Transparency in federally funded programs is a public right, ensuring accountability to taxpayers.
Fifth Amendment: Denial of ADA accommodations constitutes discriminatory actions violating due process protections.
2. FOIA Statutory Obligations (5 U.S.C. 552)
Agencies must provide timely responses (20 business days) and explain any delays.
Justifications for redactions or denials must include specific statutory exemptions, as outlined in 5 U.S.C. 552(b).
3. ADA and Section 504 Obligations
Title II of the ADA (42 U.S.C. 12132) mandates effective communication with individuals with disabilities.
Section 504 of the Rehabilitation Act (29 U.S.C. 794) prohibits discrimination by federally funded programs.
4. Whistleblower Protections
Whistleblower Protection Act (5 U.S.C. 2302) prohibits retaliation against whistleblowers. Denial of billing privileges or programmatic changes may constitute retaliatory actions subject to legal scrutiny.
5. CMS Regulations (42 CFR 440.180)
Medicaid-funded programs must operate transparently and comply with federal rules governing home and community-based services.
Specific Demands for Compliance
ADA-Compliant Delivery
Email-Only Communication via MuckRock Platform: Responses must be sent exclusively by email to ensure accessibility.
Direct Text in Email Body: Embed response text directly in the email body. Attachments must supplement the response, not replace it.
PDF Attachments: All records must be provided as clearly labeled PDF attachments, preserving original formatting.
Detailed Justifications for Denials
If any part of the request is denied or redacted, provide precise statutory citations with an explanation of the exemptions applicability.
Request for Expedited Processing
As mandated under 5 U.S.C. 552(a)(6)(E), expedited processing is justified due to significant public interest and the urgency of addressing disability rights violations.
Identification of Responsible Personnel
Include names, titles, and contact information of all FOIA officers and decision-makers handling this request.
Consequences of Non-Compliance
Failure to respond to this request in compliance with FOIA and ADA standards may result in the following:
OGIS Mediation: Escalation to the Office of Government Information Services for non-compliance mediation.
Judicial Enforcement: Legal action to enforce compliance under FOIA and the ADA.
Public Advocacy: Dissemination of non-compliance details via MUCKROCK and transparency watchdog organizations.
Deadline for Response
Per statutory requirements, I expect a full response to this request, including any justifications for delays, no later than December 17, 2024.
Closing Statement
This request aligns with constitutional principles, statutory obligations, and public interest priorities. I trust that your agency will act promptly to ensure full compliance.
Sincerely,
David Medeiros
Founder, ABI Resources, LLC
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Dear Mr. DAVID MEDEIROS
This is a response to your November 18, 2024, Freedom of Information Act (FOIA) (5 U.S.C. 552) requestreceived by the U.S. Department of State, Office of Information Programs and Services on November 18, 2024. You are seeking Records on Medicaid Billing Actions, ADACompliance, and Retaliation Against ABI Resources, LLC Following December 18, 2023, Whistleblower Report(Date Range for Record Search: From 12/1/2023 To 11/18/2024).
Please note that you contacted the U.S. Department of State with the United States federal government. The U.S. Department of State's records document (1) the formulation and execution of U.S. foreign policy and (2) the administration and operations of the U.S. Department of State and its missions abroad. For information on the U.S. Department of State's records visit, https://foia.state.gov/
Based on the original request you provided; we do not have reason to believe the U.S. Department of State has records responsive to your request.Accordingly, we are administratively closing the request.
If you are not satisfied with this response, you may administratively appeal by writing to: Appeals Officer, Office of Information Programs and Services (A/GIS/IPS), Room B-266, U.S. Department of State, 2201 C Street, NW, Washington, D.C. 20520; by fax to (202) 485-1718; or by email to FOIAAppeals@state.gov . Your appeal must be postmarked or electronically transmitted within 90 days of the date of this email.Please include a copy of this correspondence with your written appeal and clearly state why you disagree with the determinations set forth in this response.
If you have any questions regarding your request, please contact our FOIA Requester Servi ce Center or our FOIA Public Liaison by email at FOIAstatus@state.gov or telephone at 202-261-8484. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, email at ogis@nara.gov ; telephone at 202-741-5770; or toll free at 1-877-684-6448.
Sincerely,
K.B. for, Brooke Nicholas Supervisory Government Information Specialist Office of Information Access Liaison Information Access Programs
U.S. Department of State
**THIS EMAIL BOX IS NOT MONITORED, PLEASE DO NOT REPLY TO THIS EMAIL**
Dear DAVID MEDEIROS,
The status of your FOIA request #F-2025-03523 has been updated to the following status 'In Process'. To learn more, you may log into the DoS FOIA Portal via the Application URL at https://pal.foia.state.gov.
If that status is "On Hold", please review the email you received and provide the requested information. If you did not receive an email, please contact the FOIA Requester Service Center via email at FOIAStatus@state.gov. (mailto:FOIAStatus@state.gov)
If that status is "Closed" or "Documents Delivered", then the Department's response will be emailed or mailed (via US Postal Service). Please check your email account (including junk/spam mail) for the Department's response OR allow 7 to 10 business days to receive the Department's response by US Postal Service mail.
Regards,
U.S. Department of State
Dear DAVID MEDEIROS,
The status of your FOIA request #F-2025-03523 has been updated to the following status 'Closed'. To learn more, you may log into the DoS FOIA Portal via the Application URL at https://pal.foia.state.gov.
If that status is "On Hold", please review the email you received and provide the requested information. If you did not receive an email, please contact the FOIA Requester Service Center via email at FOIAStatus@state.gov. (mailto:FOIAStatus@state.gov)
If that status is "Closed" or "Documents Delivered", then the Department's response will be emailed or mailed (via US Postal Service). Please check your email account (including junk/spam mail) for the Department's response OR allow 7 to 10 business days to receive the Department's response by US Postal Service mail.
Regards,
U.S. Department of State
12.04.2024 Subject: Appeal Immediate Compliance Required with ADA Accommodations and FOIA Obligations
Dear FOIA Officer
I am writing to formally reiterate my request for specific ADA accommodations and compliance with FOIA obligations, which are essential for my full participation in this process. These accommodations were explicitly requested to address accessibility needs stemming from my traumatic brain injury and to ensure compliance with federal law. To date, your office has failed to meet these requirements, resulting in undue barriers and systemic non-compliance.
Accommodations Previously Requested
The following accommodations, explicitly outlined in prior communications, remain unfulfilled:
Exclusive Use of MuckRock Platform
Requested: All communications must be routed exclusively through the MuckRock platform. No external portals, password-protected links, or alternate communication methods are acceptable.
Non-Compliance: Communications have directed me to use external portals and password-protected links, violating ADA guidelines and my explicit requests.
Accessible Document Formatting
Requested: All documents must be provided as screen-reader compatible PDFs, properly labeled and indexed for ease of navigation and accessibility.
Non-Compliance: Provided documents have not adhered to accessibility standards, preventing effective access to critical information.
Simplified Summaries for Complex Records
Requested: Simplified summaries must accompany all complex or technical records to enhance comprehension and ensure equitable participation.
Non-Compliance: No summaries have been provided, creating unnecessary barriers to understanding the records.
Identification of Responsible Personnel
Requested: Each communication must include the name, title, and role of the individual responsible for processing or responding to my requests.
Non-Compliance: Correspondence has consistently lacked this information, hindering accountability and effective follow-up.
Immediate Action Required
To rectify these ongoing failures and ensure compliance with federal laws, I demand the following actions be taken without delay:
Transition All Communications to MuckRock
Immediately cease the use of external portals or non-compliant communication methods and ensure all responses are routed exclusively through the MuckRock platform.
Provide Accessible Documents
Reformat and resend all previously provided documents as screen-reader compatible PDFs, properly labeled and indexed to ensure accessibility.
Include Simplified Summaries
Provide simplified summaries for all complex or technical records, both previously shared and in future communications, to ensure accessibility and equitable participation.
Identify Responsible Personnel
Include the name, title, and role of the individual responsible for every communication moving forward to ensure transparency and accountability.
Legal Basis for Compliance
Your office is legally obligated to comply with these accommodations under the following statutes and principles:
Americans with Disabilities Act (ADA): Title II, 42 U.S.C. 12132, and Section 504 of the Rehabilitation Act mandate reasonable accommodations and accessibility in communications for individuals with disabilities.
Freedom of Information Act (FOIA): 5 U.S.C. 552 requires transparency, accessibility, and adherence to procedural fairness.
Constitutional Protections: The First, Fifth, and Fourteenth Amendments to the U.S. Constitution safeguard my rights to petition the government, due process, and equal protection under the law.
Executive Order 13392: Mandates improved agency disclosure of information to enhance transparency and accountability.
Deadline for Compliance
Your office must confirm compliance with these accommodations and provide the requested corrective actions within five (5) business days of this notice. Continued non-compliance will be documented as a violation of the ADA and FOIA and may result in escalation, including:
Formal Complaints: Filing with the U.S. Department of Justice and the Office for Civil Rights.
Judicial Remedies: Seeking injunctive relief and damages for ADA and FOIA violations.
Public Advocacy: Reporting systemic failures to oversight agencies, media, and advocacy organizations.
Conclusion
This communication serves as a final request for compliance. It is imperative that your office address these deficiencies promptly to restore transparency, accessibility, and adherence to federal law.
Thank you for your immediate attention to this matter. I look forward to your response and resolution by the stated deadline.
Sincerely,
David Medeiros
Founder, ABI Resources
DB.42.131.Inf.
CC
Federal Officials
Merrick B. Garland
Title: U.S. Attorney General
Contact: Department of Justice Contact Page
Kristen Clarke
Title: Assistant Attorney General, Civil Rights Division
Contact: Civil Rights Division Contact Page
Xavier Becerra
Title: Secretary, U.S. Department of Health and Human Services (HHS)
Contact: HHS Contact Page
Chiquita Brooks-LaSure
Title: Administrator, Centers for Medicare & Medicaid Services (CMS)
Contact: CMS Contact Page
Lisa M. Gomez
Title: Assistant Secretary, Employee Benefits Security Administration
Contact: EBSA Contact Page
Michael E. Horowitz
Title: Inspector General, U.S. Department of Justice
Contact: DOJ OIG Contact Page
Christi Grimm
Title: Inspector General, U.S. Department of Health and Human Services
Contact: HHS OIG Contact Page
Gene L. Dodaro
Title: Comptroller General, U.S. Government Accountability Office (GAO)
Contact: GAO Contact Page
Connecticut State Officials
Ned Lamont
Title: Governor, State of Connecticut
Contact: Governor's Contact Page
William Tong
Title: Attorney General, State of Connecticut
Contact: Attorney General's Contact Page
Andrea Barton Reeves
Title: Commissioner, Connecticut Department of Social Services (DSS)
Contact: DSS Contact Page
Manisha Juthani, MD
Title: Commissioner, Connecticut Department of Public Health
Contact: DPH Contact Page
Jeffrey R. Beckham
Title: Secretary, Connecticut Office of Policy and Management
Contact: OPM Contact Page
Congressional Oversight Committees
House Committee on Oversight and Accountability
Chair: James Comer (R-KY)
Contact: Committee Contact Page
Senate Committee on Homeland Security and Governmental Affairs
Chair: Gary Peters (D-MI)
Contact: Committee Contact Page
House Subcommittee on Civil Rights and Civil Liberties
Chair: Jamie Raskin (D-MD)
Contact: Subcommittee Contact Page
Senate Judiciary Committee
Chair: Dick Durbin (D-IL)
Contact: Committee Contact Page
Dear DAVIDMEDEIROS:
Thank you for filing your information access request to the U.S. Department of State. Your request number isA-2025-00078.
You will receive a formal acknowledgement to your request in no later than 10 working days. If the Department requires additional information from you, then you will also be notified.
Should you have any questions about your request, you may also contact us at:
FOIAStatus@state.gov
Regards,
Office of Information Access Liaison
Information Access Programs
U.S. Department of State
Dear DAVID MEDEIROS,
The status of your Appeal request #A-2025-00078 has been updated to the following status 'Received'. To learn more, you may log into the DoS FOIA Portal via the Application URL at https://pal.foia.state.gov.
If that status is "On Hold", please review the email you received and provide the requested information. If you did not receive an email, please contact the FOIA Requester Service Center via email at FOIAStatus@state.gov. (mailto:FOIAStatus@state.gov)
If that status is "Closed" or "Documents Delivered", then the Department's response will be emailed or mailed (via US Postal Service). Please check your email account (including junk/spam mail) for the Department's response OR allow 7 to 10 business days to receive the Department's response by US Postal Service mail.
Regards,
U.S. Department of State
APPEAL
Failure to Implement Non-Negotiable ADA Accommodations
Pursuant to my ADA rights under Title II (42 U.S.C. 12132; 28 C.F.R. 35.160), I demanded reasonable accommodations to ensure effective communication and accessibility for my FOIA requests. These accommodations are non-negotiable, legally binding, and fundamental to equitable access to public services.
Despite these explicit demands, the DOJ has failed to fulfill the following:
Identification of FOIA Personnel:
Names, titles, and contact information for all personnel involved in processing my FOIA request.
Identification of their immediate supervisors, along with their titles and contact information.
Accessible Communication Formats:
Screen-reader-compatible digital records.
Plain-language summaries and clarifications where necessary.
Exclusively email-based communication to eliminate barriers created by phone, mail, or portal responses.
Your agencys failure to meet these accommodations constitutes systemic discrimination and unlawful exclusion of a person with disabilities from participating in a public process.
Legal Framework of Violations
1. Constitutional Violations
First Amendment (Petition for Redress of Grievances):
Obstructing access to public records infringes upon my constitutional right to petition the government.
Fifth Amendment (Due Process):
The lack of procedural transparency and failure to accommodate impedes my right to due process.
Fourteenth Amendment (Equal Protection):
ADA non-compliance amounts to unlawful discrimination and unequal treatment based on disability.
2. FOIA Violations (5 U.S.C. 552)
Failure to provide a timely response to my requests.
Non-disclosure of personnel responsible for processing and approving FOIA responses.
Lack of detailed justifications for any withheld or redacted records.
3. ADA Violations (42 U.S.C. 12132)
Effective Communication (28 C.F.R. 35.160):
DOJ has failed to ensure effective communication with me as a person with a disability.
Non-Discrimination:
The refusal to honor my ADA accommodation requests constitutes unlawful exclusion.
4. Whistleblower Protection Violations
Retaliatory actions and obstructions following disclosures under the Whistleblower Protection Act.
5. Taxpayer Accountability
Failure to provide public records undermines taxpayer oversight of federally funded programs.
Demands for Immediate Action
To rectify these violations, I demand the following:
Identification of Personnel:
Provide the names, titles, and contact details of all FOIA staff handling this request.
Disclose the names, titles, and contact details of their immediate superiors responsible for oversight and compliance.
Full ADA Compliance:
Deliver all requested records in accessible formats (screen-reader-compatible PDFs).
Embed responses directly in email text for immediate readability.
Detailed Justifications for Redactions or Withheld Records:
Cite specific statutory exemptions under FOIA (5 U.S.C. 552(b)) for any withheld or redacted information.
Expedited Response:
Respond to this complaint and deliver all outstanding records by December 26, 2024.
Consequences of Continued Non-Compliance
Should your agency fail to act promptly and in full compliance with FOIA, ADA, and other legal mandates, I will escalate this matter through all available channels, including:
Formal Complaints:
File complaints with the Office of Government Information Services (OGIS), DOJ Office of the Inspector General, and other relevant oversight bodies.
Legal Action:
Pursue judicial remedies under FOIA, ADA, and whistleblower statutes, including injunctive relief, damages, and attorney fees.
Public Advocacy:
Engage media, advocacy groups, and watchdog organizations to highlight systemic failures and demand accountability.
Conclusion
Your agencys role as a public servant obligates you to uphold the law and ensure equitable access to justice for all individuals, including those with disabilities. I demand immediate corrective action to address these violations and ensure compliance with federal and constitutional protections.
I look forward to your full cooperation and resolution of these issues.
Sincerely,
David Medeiros
Founder, ABI Resources
CC: Oversight and Accountability Authorities
State of Connecticut
Ned Lamont
Title: Governor of Connecticut
Phone: (860) 566-4840
Email: governor.lamont@ct.gov
William Tong
Title: Attorney General of Connecticut
Phone: (860) 808-5318
Email: attorney.general@ct.gov
Andrea Barton Reeves
Title: Commissioner, Connecticut Department of Social Services (DSS)
Phone: (860) 424-5053
Email: andrea.bartonreeves@ct.gov
Connecticut Freedom of Information Commission (FOIC)
Phone: (860) 566-5682
Email: foi@ct.gov
Matthew S. Antonetti
Title: Legal Director, Connecticut Department of Social Services
Phone: (860) 424-5386
Email: matthew.antonetti@ct.gov
U.S. Department of Health and Human Services (HHS)
Xavier Becerra
Title: Secretary, U.S. Department of Health and Human Services
Phone: (202) 690-7000
Email: HHS_FOIA@hhs.gov
Chiquita Brooks-LaSure
Title: Administrator, Centers for Medicare & Medicaid Services (CMS)
Phone: (410) 786-3000
Email: FOIA_Request@cms.hhs.gov
Lisa Pino
Title: Director, Office for Civil Rights (OCR), HHS
Phone: (800) 368-1019
Email: ocrmail@hhs.gov
Emmett Nicholson
Title: Senior Medicaid Compliance Official, Centers for Medicare & Medicaid Services (CMS)
Phone: (410) 786-7623
Email: emmett.nicholson@cms.hhs.gov
Michelle A. James
Title: Medicaid Oversight Official, CMS
Phone: (410) 786-3033
Email: michelle.james@cms.hhs.gov
U.S. Department of Justice (DOJ)
Merrick B. Garland
Title: Attorney General, U.S. Department of Justice
Phone: (202) 514-2000
Email: doj.oag@usdoj.gov
Kristen Clarke
Title: Assistant Attorney General, Civil Rights Division
Phone: (202) 514-4609
Email: civilrights.justice@usdoj.gov
Michael E. Horowitz
Title: Inspector General, DOJ Office of Inspector General
Phone: (202) 514-3435
Email: oig.hotline@usdoj.gov
Priscilla Jones
Title: Supervisory Administrative Specialist, Office of Information Policy (OIP)
Phone: (202) 514-3642
Email: oip.foia@usdoj.gov
Michael G. Seidel
Title: Section Chief, Record/Information Dissemination Section, FBI
Phone: (202) 324-3000
Email: foipaquestions@fbi.gov
Alina M. Semo
Title: Director, Office of Government Information Services (OGIS), National Archives and Records Administration (NARA)
Phone: (202) 741-5770 | Toll-Free: 1-877-684-6448
Email: ogis@nara.gov
Congressional Oversight Committees
James Comer
Title: Chair, House Committee on Oversight and Accountability
Phone: (202) 225-5074
Email: oversightpress@mail.house.gov
Gary Peters
Title: Chair, Senate Committee on Homeland Security and Governmental Affairs
Phone: (202) 224-2627
Email: committee@hsgac.senate.gov
Jamie Raskin
Title: Chair, House Subcommittee on Civil Rights and Civil Liberties
Phone: (202) 225-5341
Email: civilrights@mail.house.gov
Dick Durbin
Title: Chair, Senate Judiciary Committee
Phone: (202) 224-2152
Email: judiciary@senate.gov
Rosa DeLauro
Title: Ranking Member, House Appropriations Committee
Phone: (202) 225-3661
Email: appropriations@mail.house.gov
Bernie Sanders
Title: Chair, Senate Health, Education, Labor, and Pensions Committee
Phone: (202) 224-5141
Email: helpcommittee@senate.gov
Catherine Lhamon
Title: Chair, U.S. Commission on Civil Rights
Phone: (202) 376-7533
Email: contact@usccr.gov
Richard Blumenthal
Title: Senator, Connecticut
Phone: (202) 224-2823
Email: blumenthal@senate.gov
Chris Murphy
Title: Senator, Connecticut
Phone: (202) 224-4041
Email: murphy@senate.gov
Sincerely,
David Medeiros
Founder, ABI Resources
DB.42.131.Inf. https://www.ctbraininjury.com/blog/tags/db-42-131-inf
https://x.com/ABIresources/status/1866212331279339765 https://www.youtube.com/@ABI.RESOURCES-CT-ABI-MFP-CARE/videos?view=0&sort=dd&shelf_id=2
Reference: OPM ID # 24-85 A-2025-00307 FCC-FOIA-2025-000358-A FIC 2024-0683 R000748-102524 2025-F-01035 R000354-102024 R000737-102024 AD2414036 A-2025-00351 2025-00027-A-PHS A-2025-00395 2025-00434-FOIA-OS A-2025-00393 OPM ID # 24-83 A-2025-00393 2025-00446-FOIA-PHS A-2025-00399 A-2025-00392 25-00142-FOIA PRI-25-023 2025-00032-A-PHS 110620247022 24-86 AD2414644 R000770-110424 2025-F-01651 A-2025-00467 A-2025-00401 2025-00481-FOIA-PHS 112020247009 112020247039 2025-00024-A-OS A-2025-00420 25-00044-F A-2025-00069 A-2025-00469 OPM ID# 24-88 & 89 2025-00638-FOIA-OS AP-2025-001FOIA-2025-00562FOIA-2025-00563 EMRUFOIA111524 F-2025-03523 2025-00574-FOIA-PHS 145-FOI-21320 OPM ID #24-94 25-OIG-177 FOIA-2025-01054FOIA-2025-01052 EMRUFOIA120324-7 FOIA-2025-01053 OPM ID #24-95 FOIA-2025-01056 EMRUFOIA120324-7 FOIA-2025-01055FOIA-2025-01057 R005487-120324 2025-01079-FOIA-PHS 2025-01078-FOIA-PHS FOIA-2025-056 PRI-25-045 FOIA-2025-01060FOIA-2025-01059FOIA-2025-060FOIA-2025-01203 EMRUFOIA121324 #FOIA-2025-063 11034 6779 7959 17303 17304 3033 5282 14733 6577 10 10527 3519 28368 8560 63 3814 4923 4126 6612 4809 4850 35673 74 239 4850 3519 166 10661 14578 239 3033 4923 166 4850 6779 14733 3519 166 4850 10661 14578 3033 4923 166 6779 4850 166 3519 152 4121 10661 74 3033 239 5282 4850 14733 4923 4850 6612 4923 10672 63 6959 115 35673 10661 239 74 6779 3033 239 4923 166 3519 3033 14578 35673 166 4297 14 3519 5123 287 35673 14 59 3519 287 14733 4809 23077 4923 74 4735 4850 2667 3519 796 59 166 856 22238 35673 14 10835 3033 239 4297 3519 14733 796 3519 856 35673 22005 5123 59 4923 3033 239 14733 166 4297 3519 35673 5123 59 3124 14578 7683 74 10661 3033 239 7982 14587 2667 4121 287 129 11109 856 3519 59 2667 35673 22238 2667 11034: Commission on Fiscal Stability and Economic Growth 6779: Connecticut Commission on Human Rights and Opportunities 7959: Senate Office of Public Records 17303: Republican State Central Committee Of Connecticut 17304: Connecticut House Of Representatives 3033: Centers for Medicare and Medicaid Services 5282: Office of the State Comptroller 14733: Office Of Policy And Management 6577: Office of State Ethics 10: Federal Bureau of Investigation 10527: Federal Communications Commission Office of the Inspector General 3519: Department of Justice, Civil Rights Division 28368: Department Of Labor 8560: Department of Public Health - Medical Examining Board 63: Department of Labor 3814: Department of Consumer Protection 4923: Department of Social Services 4126: Department of Economic and Community Development 6612: Department of Public Health 4809: Office of the Governor 4850: Office of the Attorney General - Connecticut 35673: Department Of Justice 74: Department of Health and Human Services 239: Department of Health and Human Services, Centers for Medicare & Medicaid Services 166: Department of Justice, Disability Rights Division 10661: Department of Health and Human Services Office of Inspector General 14578: Department Of Health And Human Services, Office For Civil Rights 152: Centers for Disease Control and Prevention 4121: Government Accountability Office 10672: Department of Labor, Wage and Hour Division 6959: Department of Justice, Office of Justice Programs 115: Department of Justice, Criminal Division 4297: Department of Justice, Civil Division 14: U.S. Department of State 5123: Director, Office of Information Policy 287: Office of Government Information Services 59: Department of Justice, Office of Information Policy 23077: CT Freedom Of Information Agency 4735: Department of State, Office of the Inspector General 2667: Office of Special Counsel 796: Department of Justice, Office of the Inspector General 856: Department of Justice, Office of the Attorney General 22238: U.S. Department Of Justice 10835: Department of Health and Human Services 22005: Department Of Justice Office Of Administration 3124: Department of Health 7683: U.S. Department of Health and Human Services, Health Resources and Services Administration 7982: Office of Special Counsel, Office of General Counsel [APPEALS] 14587: Office Of The Special Counsel Of Robert Mueller 129: National Archives and Records Administration 11109: Office of the Attorney General for the District of Columbia OPM FCC FIC DOJ DOL DSS CMS HHS CDC GAO OSC OIG PHS DPH CHRO FOIA FOIC
