Desiree Gaynor Doris Davis CMS FOIA No Records Denial to David Medeiros: Violations of Constitutional Rights, Whistleblower Rights, ADA Rights, Civil Rights, and Medicaid Laws in Control Number 122320237002

Forensic Investigative Report Desiree Gaynor Doris Davis CMS FOIA No Records Denial to David Medeiros: Violations of Constitutional Rights, Whistleblower Rights, ADA Rights, Civil Rights, and Medicaid Laws in Control Number 122320237002 Subject: Complete Accountability Reconstruction of CMS FOIA Request Control Number 122320237002 Date: February 21, 2026 In December 2023, Acting Director Desiree Gaynor and Government Information Specialist Doris Davis of the Centers for Medicare & Medicaid Services issued a formal “No Records” response under CMS FOIA Control Number 122320237002 to David Medeiros’ request for records concerning the Connecticut Medicaid ABI Waiver Program and the role of Astread Ferron-Poole. Despite David Medeiros’ repeated, explicit disclosure of his traumatic brain injury and requests for reasonable ADA accommodations, CMS conducted no further search, provided no referral, and later confirmed closure without addressing Constitutional rights to petition, whistleblower protections, ADA rights, civil rights obligations, or Medicaid transparency requirements. This expert review examines every element of the handling by Desiree Gaynor, Doris Davis, and Joseph Tripline, highlighting potential violations of Constitutional rights, whistleblower rights, ADA rights, civil rights, and Medicaid laws for complete public and federal accountability. Purpose This report provides federal departments (CMS Office of Strategic Operations and Regulatory Affairs, HHS Office of Inspector General, HHS Office for Civil Rights, and FOIA oversight bodies) with a precise, chronological, and fully referenced mapping of every individual, action, date, time, communication, and decision in this matter. Every “who,” “what,” “when,” “where,” “why,” and “how” is explicitly documented so reviewers can immediately identify responsibility at each step. All information is taken directly from the official email thread and attached response letter. Section 1 – Full Identification of Every Person and Contact Point Requester David Medeiros Founder and Owner ABI Resources LLC (Medicaid ABI Waiver Program provider) Mailing address: 215 Mountain Street, Willimantic, Connecticut 06226 Business phone: 860-942-0365 CMS Personnel Desiree Gaynor Acting Director, Division of FOIA Analysis – A Freedom of Information Group Office of Strategic Operations and Regulatory Affairs Centers for Medicare & Medicaid Services Mailing address: 7500 Security Boulevard, Mail Stop C5-11-06, Baltimore, Maryland 21244-1850 Doris Davis Government Information Specialist Division of FOIA Analysis – A Office of Strategic Operations and Regulatory Affairs Centers for Medicare & Medicaid Services Email: Doris.Davis@cms.hhs.gov Phone: 410-786-5915 Mailing address: 7500 Security Boulevard, C5-11-18 / Mail Stop C5-11-06, Baltimore, Maryland 21244-1850 Joseph Tripline CMS FOIA Public Liaison Centers for Medicare & Medicaid Services Mailing address: 7500 Security Boulevard, MS C5-11-06, Baltimore, Maryland 21244-1850 Phone: 410-786-5353 FOIA_Request@cms.hhs.gov Official CMS FOIA intake mailbox Centers for Medicare & Medicaid Services Additional Referenced Entities Office of Government Information Services (OGIS) National Archives and Records Administration Mailing address: 8601 Adelphi Road–OGIS, College Park, Maryland 20740-6001 Email: ogis@nara.gov Phone: 202-741-5770 Toll-free: 1-877-684-6448 Fax: 202-741-5769 Astread Ferron-Poole Director of Administration Connecticut Department of Social Services (referenced in request only) Section 2 – Complete Chronological Reconstruction with 5W1H for Every Event Event 1 – Original FOIA Submission Who: David Medeiros What: Submitted formal Freedom of Information Act request seeking all records relating to the Connecticut Medicaid ABI Waiver Program and the role and activities of Astread Ferron-Poole (Director of Administration, Connecticut Department of Social Services) When: December 23, 2023 Where: Submitted electronically to CMS Freedom of Information Group Why: To obtain transparency on a high-level state official’s involvement in a federally funded program How: Standard FOIA submission Event 2 – CMS “No Records” Response Who: Desiree Gaynor (Acting Director) What: Issued “No Records” response letter stating a reasonable search was conducted and no responsive records were located; suggested contacting the state office When: December 28, 2023 (letter dated December 28, 2023) Where: Sent from CMS Office of Strategic Operations and Regulatory Affairs, Baltimore, Maryland Why: Search of CMS files produced no responsive records How: Formal signed letter emailed by Doris Davis at 5:52 PM on December 28, 2023 with attachment “No Records Response Letter_122320237002.docx” Event 3 – Transmittal Email by Doris Davis Who: Doris Davis (Government Information Specialist) What: Forwarded the signed “No Records” response letter When: December 28, 2023 at 5:52 PM Where: Sent from Doris.Davis@cms.hhs.gov to aabiwr@live.com Why: To deliver the official agency response How: Email with 32 KB attachment Event 4 – Formal Appeal Submission Who: David Medeiros What: Submitted formal FOIA appeal challenging the adequacy of the search, citing public interest, legal/advocacy purposes, and requesting more thorough search When: December 29, 2023 at 4:25 AM (and again at 4:27 AM with attachment) Where: Sent from aabiwr@live.com to Doris.Davis@cms.hhs.gov and FOIA_Request@cms.hhs.gov (cc: ogis@nara.gov) Why: To preserve rights and seek reconsideration of the closure How: Detailed written appeal addressed to the Principal Deputy Administrator Event 5 – Read Receipt for Appeal Who: Doris Davis and CMS FOIA Request mailbox What: Confirmed reading of the appeal email When: December 29, 2023 at 7:09 AM (Doris Davis) and January 2, 2024 at 6:31 AM (FOIA_Request) Where: CMS Baltimore Why: Internal confirmation of receipt Event 6 – Formal Expedited Processing Request Who: David Medeiros What: Submitted formal request for expedited processing citing ADA accommodation for brain injury, whistleblower protections, public interest, and urgency When: January 3, 2024 at 12:31 PM Where: Sent from aabiwr@live.com to Doris.Davis@cms.hhs.gov and FOIA_Request@cms.hhs.gov (cc: ogis@nara.gov) Why: To obtain faster handling due to disability and protected activity How: Detailed written request with legal citations Event 7 – CMS Reply Confirming Closure Who: Doris Davis What: Stated the case is closed and the response letter was already sent When: January 3, 2024 at 1:32 PM Where: Sent from Doris.Davis@cms.hhs.gov Why: Standard closure policy after “No Records” determination How: Direct reply email Event 8 – OGIS Auto-Reply Who: OGIS Staff What: Auto-reply acknowledging contact and providing instructions for mediation assistance When: January 3, 2024 at 12:31 PM Where: Sent from OGIS+noreply@nara.gov Event 9 – 2025 Status and Preservation Demand Who: David Medeiros What: Sent formal status update and legal record preservation request referencing active federal proceedings, whistleblower protections, fraud, and retaliation case file When: July 14, 2025 at 9:53 AM Where: Sent from aabiwr@live.com to Doris.Davis@cms.hhs.gov Why: Matter remained relevant to ongoing compliance issues How: Formal numbered preservation request Event 10 – CMS Final Status Confirmation Who: CMS FOIA Request mailbox What: Confirmed the request was closed on December 28, 2023 and the July 14, 2025 status email was noted When: July 18, 2025 at 10:05 AM Where: Sent from FOIA_Request@cms.hhs.gov Why: To close the status inquiry loop How: Standard reply email Section 3 – Accountability Mapping – Who Was Responsible for What “No Records” determination and closure: Desiree Gaynor (December 28, 2023) Transmittal of response and later closure confirmation: Doris Davis (December 28, 2023 and January 3, 2024) Receipt and reading of appeal and expedited request: Doris Davis and FOIA_Request mailbox Overall FOIA Group oversight: Joseph Tripline (Public Liaison) This report gives every federal reviewer a clear, line-by-line picture of exactly who performed each action, on what date and time, for what reason, and by what method. All contact information is listed so direct verification or follow-up is immediate. The reconstruction is complete and ready for any internal audit, civil-rights review, or oversight inquiry. Expert Professional Legal Review Constitutional Rights, Whistleblower Retaliation, Civil Rights, ADA, TBI-Specific Protections, Taxpayer Rights, and FOIA Obligations in CMS FOIA Request Control Number 122320237002 Prepared for Federal Oversight and Accountability Purposes Date: February 21, 2026 Introduction This legal review provides a comprehensive, expert analysis of the rights implicated by the handling of CMS FOIA Request Control Number 122320237002, submitted by David Medeiros of ABI Resources LLC on December 23, 2023. The request sought records concerning the Connecticut Medicaid ABI Waiver Program and the role of Astread Ferron-Poole (Director of Administration, Connecticut Department of Social Services). CMS issued a “No Records” response on December 28, 2023, Mr. Medeiros filed an appeal on December 29, 2023 and an expedited-processing request on January 3, 2024 citing ADA accommodations for his brain injury, and followed up with a preservation demand on July 14, 2025. The review examines each legal framework in depth, applying the facts of the timeline to identify potential violations, the responsible actors, the precise timing, the mechanisms of harm, and the legal and policy consequences. 1. Constitutional Rights Implications First Amendment – Right to Petition for Redress of Grievances The First Amendment guarantees the right to petition the Government for a redress of grievances. FOIA is the primary statutory mechanism for exercising this right. CMS’s “No Records” closure on December 28, 2023, followed by the handling of the appeal and expedited request without accommodation for known cognitive limitations from brain injury, placed an unconstitutional burden on meaningful access to the petition process. Fifth Amendment – Procedural Due Process The Fifth Amendment requires fair notice and an opportunity to be heard before depriving a person of a protected interest. The rapid closure without addressing the requester’s disability disclosure or providing guidance on alternative sources created a procedural barrier that effectively denied meaningful access to FOIA records. 2. Whistleblower Retaliation Protections Mr. Medeiros’ appeal and expedited request explicitly referenced whistleblower protections and ongoing federal proceedings. The continued closure and lack of expedited handling after the January 3, 2024 request and the July 14, 2025 preservation demand raise concerns under the Whistleblower Protection Act (5 U.S.C. § 2302(b)(8)) and False Claims Act anti-retaliation provisions (31 U.S.C. § 3730(h)). Denial of transparency after protected activity can constitute adverse action. 3. Civil Rights and ADA / Section 504 Violations Rehabilitation Act of 1973, Section 504 Federal agencies must not exclude qualified individuals with disabilities from participation in any program or activity. FOIA processing is such a program. Mr. Medeiros disclosed his brain injury and requested reasonable accommodations on multiple occasions. CMS provided no accommodation in the response, appeal handling, or expedited request. This constitutes a clear failure to accommodate under Section 504. Americans with Disabilities Act Standards (applied through Section 504) The duty to provide reasonable modifications is mandatory once a disability is disclosed. Mr. Medeiros requested accessible formats, expedited processing as an accommodation, and email communication. None were provided. This is a textbook violation. 4. TBI-Specific Rights and Protections The Traumatic Brain Injury Act and Olmstead integration mandate recognize the right of individuals with TBI to community-based services and meaningful access to information that affects those services. Mr. Medeiros is both a provider and a person living with TBI. The rigid “No Records” closure and lack of accommodation undermine these protections. 5. Taxpayer Rights and FOIA Obligations As a taxpayer whose tax dollars support the Connecticut Medicaid ABI Waiver Program, Mr. Medeiros has a statutory right to FOIA access. FOIA must be construed broadly in favor of disclosure. CMS’s suggestion to “contact your state office” without any referral or further search, combined with the failure to accommodate, frustrates the core purpose of FOIA and taxpayer oversight rights. 6. Cumulative Impact and Potential Legal Consequences The sequence shows knowledge of the disability (December 23, 2023 request and subsequent communications), repeated requests for accommodation and expedited processing, and no documented accommodation. This pattern supports claims for injunctive relief under the Rehabilitation Act/ADA, potential retaliation findings under whistleblower statutes, and constitutional challenges. Recommended Immediate Federal Actions Reopen and process the request with full ADA accommodations and expedited handling. Conduct a more thorough search or provide a proper referral to the appropriate state or federal office. Conduct an internal Section 504 compliance review of FOIA procedures for disabled requesters. Preserve all records referenced in the July 14, 2025 preservation demand. This review is intended to assist federal departments in identifying exactly who did what, when, and how in this matter so that accountability and corrective action can be taken promptly and thoroughly. The full email thread and signed response letter are available for verification through standard FOIA channels. This concludes the legal review.