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Preserved request language
To: FOIA Officer, Connecticut Department of Social Services (DSS)
CC: FOIA Officer, Centers for Medicare & Medicaid Services (CMS)
Subject: FOIA Request for NPI Numbers and Provider Information under Connecticut Medicaid ABI Waiver Program
Dear FOIA Officers,
Pursuant to the Connecticut Freedom of Information Act (C.G.S. §§ 1-200 to 1-242) and the Federal Freedom of Information Act (5 U.S.C. § 552), I am requesting access to records containing the National Provider Identifier (NPI) numbers and provider information for all entities approved to deliver services under Connecticut’s Medicaid Acquired Brain Injury (ABI) Waiver Program. This request is submitted to both the Connecticut Department of Social Services (DSS) and the Centers for Medicare & Medicaid Services (CMS) to ensure a full and accurate compilation of records related to the Medicaid ABI Waiver providers.
Scope of Request
1. Provider Information for Medicaid ABI Waiver Program:
o A complete list of NPI numbers, along with corresponding provider names and addresses, for all entities authorized under Connecticut’s Medicaid ABI Waiver Program. This includes all providers in the Medicaid Acquired Brain Injury Approved Provider Registry managed by DSS and recognized by CMS.
2. Provider Registry Documentation:
o Any official registries, directories, or databases maintained by CMS or DSS that list the approved ABI Waiver providers and their associated NPI numbers.
Purpose and Public Interest Justification
The requested information is essential to support transparency, public accountability, and accessibility in Medicaid-funded services. Access to these records will enable stakeholders and beneficiaries to verify approved providers, ensuring that taxpayer-funded services are administered equitably and with oversight. This request serves the public interest by facilitating oversight of Medicaid resources and supporting beneficiaries in making informed provider choices.
Legal Basis for Request
This request is supported by state and federal laws governing public access to records and ensuring Medicaid program transparency:
• Connecticut Freedom of Information Act (C.G.S. §§ 1-200 to 1-242): Provides public access to state-held records, including Medicaid-related data.
• Connecticut Public Records Law (Conn. Gen. Stat. § 1-210): Requires prompt access to public agency records, ensuring transparency for taxpayer-funded programs.
• Freedom of Information Act (5 U.S.C. § 552): Governs access to federal records, ensuring transparency and accountability for CMS-administered programs.
• Social Security Act – Title XIX (Medicaid) (42 U.S.C. § 1396 et seq.): Mandates federal and state oversight of Medicaid-funded programs.
• Connecticut Non-Discrimination Law (Conn. Gen. Stat. § 46a-58(a)), Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794): Require that individuals with disabilities receive accommodations for full access to information, ensuring compliance in FOIA processes.
Disability and Accessibility Accommodations
In accordance with ADA and Section 504 requirements, please apply the following accommodations to ensure my full access to these records:
1. Email-Only Communication:
o All responses, updates, and records should be sent exclusively via email to AabiWR@live.com. No physical mail, phone calls, portal-based communications, external links, or alternative platforms are permitted.
2. Electronic and Accessible Format:
o Provide all documents in accessible electronic formats (e.g., PDFs compatible with screen readers).
3. Complete Documentation:
o Provide all records without redactions unless legally required. For any necessary redactions, cite the specific legal exemption applied and include a summary.
4. Detailed Explanations for Any Denials:
o If any portion of this request is denied, provide a clear and detailed explanation for each denied item, citing relevant statutes or exemptions.
5. Guidance for Complex Records:
o For records containing complex financial, legal, or procedural language, please include summaries or simplified explanations to ensure comprehension.
6. Identification of FOIA Officer Handling This Request:
o Provide the full name, title, and direct contact information of the FOIA officer assigned to my request. This information is necessary for transparency and documentation.
7. Confirmation of Accommodations:
o Confirm receipt of this request and explicitly acknowledge that each accommodation listed will be fully applied in all responses and communications.
Request for Expedited Processing
Due to the pressing public interest in transparency and accountability in Medicaid-funded services for vulnerable populations, I request expedited processing under Conn. Gen. Stat. § 1-210(a), which mandates prompt availability of public records, and 5 U.S.C. § 552(a)(6)(E), which allows expedited FOIA processing when there is an urgent need to inform the public.
Fee Waiver Request
I request a waiver of all associated fees under Conn. Gen. Stat. § 1-212(d) and 5 U.S.C. § 552(a)(4)(A)(iii), as this request is in the public interest and not for commercial use. The disclosure of the requested information will contribute significantly to the public’s understanding of Medicaid operations and beneficiary access to services under the ABI Waiver Program.
Timeline Expectation
Please confirm receipt of this request within four business days as required by Connecticut FOIA laws. Additionally, I request an estimated timeline for fulfillment.
Thank you for your attention to this matter and for upholding transparency and accountability in Connecticut’s Medicaid system.
Sincerely,
David Medeiros
ABI Resources
Email: AabiWR@live.com
Preserved communications
Preserved binder fragment — page 1241
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 112020247009 and PIN NHX2
11/21/2024
David Medeiros.
ABI Resources LLC
DEPT MR 175960
263 Huntington Ave
Boston, MA 02115
Dear David Medeiros:
I am responding to your 11/7/2024 letter requesting expedited processing of your Freedom of
Information Act (FOIA) request for documents regarding News Media (MuckRock News)
Connecticut Provider Information for Medicaid ABI Waiver Program. The basis for expedited
processing set forth in your letter is Due to the pressing public interest in transparency and
accountability in Medicaid-funded services for vulnerable populations, I request expedited
processing under Conn. Gen. Stat. § 1-210(a), which mandates prompt availability of public
records, and 5 U.S.C. § 552(a)(6)(E), which allows expedited FOIA processing when there is an
urgent need to inform the public.
I reviewed your request in line with 5 U.S.C. §552(a)(6)(E). This section provides for expedited
processing of FOIA requests when the person requesting the records demonstrates a compelling
need as defined by the statute; i.e., an imminent threat to the life and safety of an individual; or,
for the media, urgency to inform the public concerning actual or alleged government
activity. On the basis of the information available to me, I find that your request does not qualify
for expedited processing based upon “compelling need.”
I also reviewed your request in light of “other” circumstances that warrant expedited processing
according to this agency’s Federal Register Notice Vol. 81, No. 209 (dated Friday, October 28,
2016). Such circumstances cover the need for disclosure of the specific records in question
because the requester must meet: a deadline in litigation, either in court or before an
administrative tribunal; or a deadline imposed by a governmental agency for commenting on a
proposed regulation. I find that none of these circumstances apply here.
Finally, in line with the provision of our Federal Register Notice that requires consideration of all
requests that do not fall within the circumstances enumerated therein, I have considered the
situation set forth in your letter. Unfortunately, I cannot conclude from the information you have
provided that there is “exceptional need or urgency” justifying expedited processing in this case.Preserved binder fragment — page 1244
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 112020247009 and PIN NHX2
11/21/2024
David Medeiros.
ABI Resources LLC
DEPT MR 175960
263 Huntington Ave
Boston, MA 02115
Dear David Medeiros:
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 20, 2024, pertaining to “News Media
(MuckRock News) Connecticut Provider Information for Medicaid ABI Waiver Program”.
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.