Preserved request language
Subject: FOIA Request for Comprehensive Records Regarding Connecticut Medicaid Programs, ABI Waiver Amendments, and Federal Agency Oversight and Communications with Accenture and Manatt (2012–Present)
To:
Connecticut Agencies:
Department of Social Services (DSS)
Office of Policy and Management (OPM)
Office of the Attorney General
Office of Health Strategy (OHS)
State Comptroller’s Office
Auditors of Public Accounts (APA)
Federal Agencies:
Centers for Medicare & Medicaid Services (CMS)
U.S. Department of Health and Human Services (HHS)
Office of Inspector General, U.S. Department of Health and Human Services (OIG, HHS)
U.S. Government Accountability Office (GAO)
Centers for Disease Control and Prevention (CDC)
Department of Justice (DOJ) – Civil Rights Division
Date: 10.29.2024
From:
David Medeiros
ABI Resources
Email: AabiWR@live.com
Request for Records Under the Freedom of Information Act (FOIA)
Dear FOIA Officers and Supervisory Officers,
Pursuant to the Connecticut Freedom of Information Act (Conn. Gen. Stat. § 1-200 et seq.) and the federal Freedom of Information Act (5 U.S.C. § 552), I respectfully request access to all records from January 1, 2012, to the present related to communications, funding, agreements, policy analysis, and compliance oversight involving Connecticut’s Medicaid programs, particularly focusing on the Acquired Brain Injury (ABI) Waiver Program. This request pertains to records involving the following entities:
Connecticut Department of Social Services (DSS)
Accenture and Manatt, Phelps & Phillips, LLP (Manatt), in their roles as consultants to DSS
Federal agencies involved in Medicaid program oversight, including CMS, HHS, OIG, GAO, CDC, and DOJ’s Civil Rights Division
This request supports transparency, accountability, and oversight of Medicaid programs affecting vulnerable populations, particularly those involved in the ABI Waiver Program, managed care models, and accessibility initiatives.
Scope and Objectives of the Request
The objective of this request is to capture comprehensive records to allow for independent review, transparency, and the protection of vulnerable Medicaid populations in the following areas:
Medicaid Program Amendments and Policy Modifications
Records of amendments to the ABI Waiver Program and other Medicaid waivers managed by Connecticut DSS in consultation with Accenture and Manatt, as reviewed by federal agencies (CMS, HHS).
Medicaid Landscape Analysis and Managed Care Exploration
Documentation of data analysis, policy exploration, and evaluations related to managed care models, digital health, and accessibility for Medicaid recipients, conducted by Accenture and Manatt with DSS and reviewed by CMS or other federal entities.
Data Collection and Stakeholder Engagement
Information regarding data collection methodologies targeting Medicaid members, providers, and stakeholders, including strategies to ensure accessibility, equity, and compliance with federal and state protections.
Federal Oversight, Accountability, and Compliance
Documentation from federal agencies related to funding compliance, regulatory oversight, or audits, evaluations, or investigations assessing DSS’s Medicaid program management, especially regarding the ABI Waiver and the involvement of Accenture and Manatt.
Detailed Records Requested
Please provide copies of the following documents:
Contracts, Agreements, and Operational Frameworks
Connecticut DSS: Contracts, MOUs, agreements, and scope of work documents between DSS and Accenture or Manatt.
Federal Agencies (CMS, HHS, GAO, OIG): Federal approvals, reviews, or conditions placed on Connecticut’s Medicaid amendments or funding, particularly involving the ABI Waiver and managed care services.
Communications and Procedural Directives
Connecticut DSS: Email and written communications between DSS officials and representatives of Accenture and Manatt, specifically concerning Medicaid program amendments, stakeholder engagement, and managed care exploration.
Federal Agencies: Correspondence with DSS or contractors, as well as procedural directives involving Accenture or Manatt’s contributions to Medicaid policy or program operations.
Metadata and Communication Logs: Metadata (sender, recipient, date, subject) and communication logs documenting DSS, CMS, HHS, or GAO interactions with Accenture or Manatt.
Meetings and Strategy Documentation
Connecticut DSS: Agendas, minutes, attendance records, and presentations from strategic planning sessions involving DSS, Accenture, and Manatt.
Federal Agencies: Records from any forums, workshops, or review meetings with DSS regarding Connecticut’s Medicaid amendments, ABI Waiver program updates, or evaluations of managed care models.
Analysis, Recommendations, and Raw Data
Connecticut DSS and Federal Agencies (CMS, GAO): All data, draft versions, and final recommendations produced by Accenture and Manatt, including raw data, methodology documentation, and preliminary findings related to Medicaid program evaluations.
CDC Data on ABI/TBI: Any ABI or TBI-related data provided to DSS, Accenture, or Manatt, which may impact Medicaid ABI Waiver amendments.
Medicaid Provider and Consumer Access and Contact Records
Connecticut DSS: Documentation on Medicaid provider registry updates, provider affiliations, approval dates, and criteria used to select providers for feedback or analysis.
Federal Oversight: GAO or OIG records on Medicaid provider networks and consumer engagement requirements, particularly in relation to accessibility for individuals with disabilities.
Accessibility and Data Collection Accommodations
Connecticut DSS and Federal Agencies: Documentation of accommodations ensuring accessibility for individuals with disabilities, including language assistance, assistive technology, and accommodations in data collection and stakeholder engagement processes.
FOIA Compliance and Whistleblower Reports
Connecticut DSS and Federal Oversight (OIG, DOJ Civil Rights): Records related to previous FOIA requests, exemptions, information withheld, and any legal citations applied, as well as whistleblower complaints or investigations into DSS, Accenture, or Manatt regarding Medicaid program oversight, ethical conduct, or data manipulation.
Expedited processing is requested based on the following compelling factors:
Significant Public Interest in Government Transparency: Medicaid programs are taxpayer-funded and affect a large segment of the public. Ensuring that DSS’s activities and collaborations with consulting firms like Accenture and Manatt align with federal and state standards is of great public interest. Expedited processing will allow public scrutiny and foster informed dialogue on the management and ethical administration of Medicaid services. The requested information will help assess whether any waste, fraud, or abuse has occurred within DSS’s partnerships. Prompt access to these records is essential to identify any potential misconduct and prevent ongoing misuse of taxpayer dollars, particularly within critical programs affecting vulnerable populations.
Time-Sensitive Advocacy Needs: This information is critical for advocacy efforts that inform stakeholders, ensure consumer protection, and foster transparency. Any delay could impede the ability of stakeholders, including advocacy groups and affected individuals, to respond adequately to Medicaid policy changes.
Justification for Fee Waiver
This information will serve the public interest by supporting oversight, transparency, and protection for Medicaid recipients, particularly Connecticut’s ABI Waiver participants. The release of these records will contribute to the ethical and accountable administration of taxpayer-funded programs. Accordingly, I request a waiver of fees for processing this request.
Delivery and Accessibility Requirements
To accommodate disability-related needs, please provide all records in digital format via email and avoid using external portals. If records cannot be provided within statutory timeframes, or if any information is withheld, please notify me promptly with legal justifications at AabiWR@live.com
Thank you for your attention and assistance in providing these records to facilitate public understanding and oversight of Connecticut Medicaid services.
Sincerely,
David Medeiros
ABI Resources
Preserved communications
Preserved binder fragment — page 1240
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop C5-11- 06
Baltimore, Maryland 21244-1850
Office of Strategic Operations and Regulatory Affairs/Freedom of Information Group
Refer to: Control Number 110620247022 and PIN 4GPY
11/26/2024
David Mederios
MuckRock News
Dept MR 175542
263 Huntington Ave
Boston, MA 02115
Dear Mr. Mederios:
I am acknowledging receipt of your Month Day, Year, Freedom of Information Act (FOIA)
appeal that you sent to the Principal Deputy Administrator, Centers for Medicare & Medicaid
Services (CMS). We will process your appeal as expeditiously as possible, consistent with
Department of Health and Human Services FOIA rules set forth at 45 CFR Part 5.
Questions regarding your appeal should be directed to Emmett Nicholson at
Emmett.Nicholson@cms.hhs.gov, or 410-786-5353, if you have any concerns.
Sincerely,
J
oseph Tripline
CMS FOIA Officer
Deputy Director
Freedom of Information Group
Preserved binder fragment — page 1324
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop C5-11-06
Baltimore, Maryland 21244-1850
Office of Strategic Operations and Regulatory Affairs / Freedom of Information Group
Request has been assigned: Control Number 110620247022 and PIN 4GPY
11/7/2024
David Medeiros
MuckRock News
Dept MR 175542
263 Huntington Ave
Boston, MA 02115
Dear David:
This letter is to acknowledge receipt of your Freedom of Information Act (FOIA) (5 U.S.C. §
552) request and to provide you with a tracking number. The Centers for Medicare & Medicaid
Services (CMS) received your FOIA request on November 07, 2024, pertaining to Medicaid
Waiver Program (Connecticut).
To check the status of your request as it is being processed, please refer to the CMS FOIA
website at https://foia-request.cms.gov/check-status and enter the control number and PIN (listed
at the top of the page) that has been assigned to your request.
Once we complete our initial analysis of your request, we will initiate a search for responsive
records. If, however, we determine that your request needs clarification, we will contact you.
Additionally, if our searching units advise us that you have requested a voluminous number of
records that requires extensive search, production, and review, we will contact you to discuss
options for narrowing the scope to process your request as quickly and efficiently as possible.
Please note that CMS receives a very high volume of FOIA requests. The following unusual
circumstances, as defined by 5 USC § 552(a)(6), may affect our ability to fulfill a FOIA request
within 20 business days. These include circumstances such as (1) the request requires us to
search for and collect records from multiple components and/or field offices; (2) the request
involves a voluminous number of records that must be located, compiled, transferred to this
office, and reviewed. In addition, given our high volume of requests, and in accordance with
federal regulations, our processing policy includes factors such as the date and complexity of
the request.
The FOIA assumes that requesters are willing to pay fees up to $25.00. If estimated fees to
process your request exceed $25.00, we will notify you and may suspend processing until we
receive written confirmation that you are willing to pay the estimated fees. Additionally, if the
estimated fees exceed $250.00, the law authorizes us to collect the fees in advance
of processing the request.Preserved binder fragment — page 1331
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop C5-11-06
Baltimore, Maryland 21244-1850
Office of Strategic Operations and Regulatory Affairs/Freedom of Information Group
Refer to: Control Number 110620247022 and PIN 4GPY
11/12/2024
David Medeiros
MuckRock News
Dept MR 175542
263 Huntington Ave
Boston, MA 02115
Dear David Medeiros
This letter is in response to your 10/30/2024 Freedom of Information Act (5 U.S.C. § 552)
request, which you sent to the Centers for Medicare & Medicaid Services (CMS).
If you are actually seeking Medicaid records (as opposed to Medicare records), you
will need to obtain them from the State Medicaid Office. Please note that although the
Medicaid program is jointly funded by the federal government and the states, each
individual state is responsible for administering the operations of their Medicaid
program. CMS is not in possession of Medicaid claims records, and therefore we are
unable to provide these state records. Therefore, after a careful search of the Centers
for Medicare & Medicaid Services (CMS) files, i.e., a search reasonably calculated to
locate records responsive to your request and employing reasonable standards, we
were unable to locate any records responsive to your request.
If you view our response as an adverse determination, you may appeal. To do so, you
must put your appeal in writing and mail it within 30 days of the date of this letter
to: The Principal Deputy Administrator, CMS, C5-16-03, 7500 Security Boulevard,
Baltimore, Maryland 21244-1850. Please mark your envelope “Freedom of
Information Act Appeal” and enclose a copy of this letter with your appeal.
Respectfully,
Emmett Nicholson
Director, Division of FOIA Analysis – C
Freedom of Information GroupPreserved binder fragment — page 1332
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop C5-11-06
Baltimore, Maryland 21244-1850
Office of Strategic Operations and Regulatory Affairs/Freedom of Information Group
Refer to: Control Number 110620247022 and PIN 4GPY
11/12/2024
David Medeiros
MuckRock News
Dept MR 175542
263 Huntington Ave
Boston, MA 02115
Dear David Medeiros
This letter is in response to your 10/30/2024 Freedom of Information Act (5 U.S.C. § 552)
request, which you sent to the Centers for Medicare & Medicaid Services (CMS).
If you are actually seeking Medicaid records (as opposed to Medicare records), you
will need to obtain them from the State Medicaid Office. Please note that although the
Medicaid program is jointly funded by the federal government and the states, each
individual state is responsible for administering the operations of their Medicaid
program. CMS is not in possession of Medicaid claims records, and therefore we are
unable to provide these state records. Therefore, after a careful search of the Centers
for Medicare & Medicaid Services (CMS) files, i.e., a search reasonably calculated to
locate records responsive to your request and employing reasonable standards, we
were unable to locate any records responsive to your request.
If you view our response as an adverse determination, you may appeal. To do so, you
must put your appeal in writing and mail it within 30 days of the date of this letter
to: The Principal Deputy Administrator, CMS, C5-16-03, 7500 Security Boulevard,
Baltimore, Maryland 21244-1850. Please mark your envelope “Freedom of
Information Act Appeal” and enclose a copy of this letter with your appeal.
Respectfully,
Emmett Nicholson
Director, Division of FOIA Analysis – C
Freedom of Information Group