Verified MuckRock request ID 176099

Request for Estimated Completion Date and ADA Accommodation Confirmation for FOIA Request No. 25-00044-F (Department of Justice, Civil Division)

Department of Justice, Civil Division · United States of America

Request ID176099
StatusAwaiting Response
Submitted2024-11-08 15:42:45.905219+00:00
Communication references5
Files on source page/export0
RequesterDavid Medeiros
Evidence boundary: this page preserves and organizes request records. The wording of a request records what was sought or asserted by the requester; it is not, by itself, an adjudicated finding. Thread completeness is never inferred from folder proximity or a communication count.

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Preserved request language

To: April Freeman, FOIA Public Liaison U.S. Department of Justice, Civil Rights Division Phone: 202-514-4210 Subject: Request for Estimated Completion Date and ADA Accommodation Confirmation for FOIA Request No. 25-00044-F Dear Ms. Freeman, I am following up on my FOIA request No. 25-00044-F, submitted to the DOJ Civil Rights Division on October 24, 2024, and acknowledged on October 25, 2024. This request seeks access to the Connecticut Medicaid ABI Waiver Program provider registry, including provider details, enrollment dates, and any records of complaints or violations associated with providers. Based on guidance from the Office of Government Information Services (OGIS), I am reaching out to request an estimated date of completion (EDC) for this request, per 5 U.S.C. § 552(a)(7)(B)(ii). Given the public interest in these records for Medicaid transparency and oversight, I respectfully ask that this request be processed as promptly as possible. Additionally, I reiterate my request for ADA accommodations to ensure accessibility. Please conduct all correspondence for this FOIA request exclusively via email (without requiring portal access, phone calls, or alternate communication methods), as this ensures I can effectively manage and review the information. Thank you for your attention to this matter. Please confirm receipt of this message and, if possible, provide an EDC and confirmation of ADA-compliant communication. Sincerely, David Medeiros ABI Resources LLC Email: aabiwr@live.com FOIA Request No. 25-00044-F ________________ From OGIS <ogis@nara.gov> Date Fri 11/8/2024 9:41 AM To OGIS <ogis@nara.gov> Cc ABI RESOURCES 860 942-0365 <aabiwr@live.com> 1 attachment (118 KB) 00092179 Response.pdf; Dear David Medeiros, We have attached a response to your submission to the Office of Government Information Services. Sincerely, The OGIS Staff On Tuesday, October 29, 2024 at 9:23:33 AM UTC-4 ABI RESOURCES 860 942-0365 wrote: Subject: FOIA Mediation Request for Case No. 25-00044-F To: ogis@nara.gov Dear OGIS Team, I am seeking mediation assistance regarding my Freedom of Information Act (FOIA) request, case number 25-00044-F, submitted to the Civil Rights Division on October 24, 2024. This request seeks access to records for a comprehensive and up-to-date provider registry associated with the Connecticut Medicaid Acquired Brain Injury (ABI) Waiver Program, specifically including provider details, areas of specialty, enrollment statuses, and any records related to complaints or actions taken. The Civil Rights Division acknowledged my request on October 25, 2024, but noted that processing might be delayed due to a high volume of FOIA requests. Given the importance of these records in supporting transparency and accountability in Medicaid program administration, I believe there may be ways to expedite or better track the status of my request through your mediation services. Please note my basic accommodation request: All communication for this matter should be conducted exclusively via email, without the use of external portals, alternate websites, or phone calls, as this ensures I can fully manage and review the information provided. Thank you for your assistance in pursuing a complete and timely response. Sincerely, David Medeiros ABI Resources LLC 39 Kings Hwy STE C Gales Ferry, CT 06335 aabiwr@live.com 11/8/24, 10:37 AM Mail - ABI RESOURCES 860 942-0365 - Outlook Best regards, David Medeiros ABI Resources Medicaid Acquired Brain Injury ABI Waiver Program Provider NOTE: This e-mail may contain sensitive and/or privileged information. If you are not the intended recipient (or have received this email in error) please notify the sender immediately and destroy this e-mail. Any unauthorized copying, disclosure, or distribution of the material in this e-mail is strictly forbidden. Under the Privacy Act of 1974, all data of a private nature must be protected from unauthorized disclosure. Rise Above Challenges AKL Freedom of Information/PA Unit –4CON 950 Pennsylvania Ave., NW Washington, DC 20530 Via Electronic Mail Mr. David Medeiros ABI Resources LLC October 25, 2024 39 Kings Hwy STE C Gales Ferry, CT 06335 aabiwr@live.com Date Received: October 24, 2024 FOI/PA No.25-00044-F Subject of Request: Information pertaining to complete and current provider registry, including: Provider names; Contact details (physical addresses, email addresses); Areas of specialty and services offered; Provider enrollment dates and current status; any and all records related to complaints, violations, or actions taken against providers in connection with their participation in the ABI Waiver Program Dear Mr. Medeiros: The Civil Rights Division acknowledges receipt of your Freedom of Information Act request, which was received in this office on the date indicated above. Your request seeks access to the above mentioned records. Please read this letter carefully because it contains important information about your request. As a result of the large number of FOIA and Privacy Acts requests received by the Civil Rights Division, we may encounter delays in processing your request. To ensure that requesters are treated fairly, the Division processes requests in the approximate order of receipt. Please be assured that your request is being handled as equitably and promptly as possible. If you have any questions regarding the status of your request, you may contact our office at crt.foiarequests@usdoj.gov. Please reference the FOIA No. above in any communications with the Civil Rights Division about your request. 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: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road OGIS, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1- 877- 684-6448; or facsimile at 202-741-5769. Please reference the FOIA/PA No. above in any correspondence with OGIS. If you are not satisfied with the Civil Rights Division's determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy U.S. Department of Justice Civil Rights Division (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submitandtrackrequest-or-appeal . Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal." If possible, please provide a copy of your original request and this response letter with your appeal. If you have any further questions, contact this office by calling (202) 514-4210. Sincerely, Aundra Luckey Freedom of Information/Privacy Acts Unit Civil Rights Division From: FOIArequests, CRT (CRT) <CRT.FOIArequests@usdoj.gov> Sent: Friday, October 25, 2024 11:33 AM To: aabiwr@live.com <aabiwr@live.com> Subject: FOIA Request 25-00044-F Dear Mr. Medeiros, This is to inform you that your request for records was received by the Civil Rights Division of the U.S. Department of Justice. Attached is your acknowledgement letter regarding your Freedom of Information request. 11/8/24, 10:37 AM Mail - ABI RESOURCES 860 942-0365 - Outlook Thank You, FOI/PA Unit U.S. Department of Justice Civil Rights Division CRT.FOIArequests@usdoj.gov Information/PA Unit –4CON 950 Pennsylvania Ave., NW Washington, DC 20530 Via Electronic Mail Mr. David Medeiros ABI Resources LLC October 25, 2024 39 Kings Hwy STE C Gales Ferry, CT 06335 aabiwr@live.com Date Received: October 24, 2024 FOI/PA No.25-00044-F Subject of Request: Information pertaining to complete and current provider registry, including: Provider names; Contact details (physical addresses, email addresses); Areas of specialty and services offered; Provider enrollment dates and current status; any and all records related to complaints, violations, or actions taken against providers in connection with their participation in the ABI Waiver Program Dear Mr. Medeiros: The Civil Rights Division acknowledges receipt of your Freedom of Information Act  request, which was received in this office on the date indicated above. Your request seeks access to the above mentioned records. Please read this letter carefully because it contains important information about your request. As a result of the large number of FOIA and Privacy Acts requests received by the Civil Rights Division, we may encounter delays in processing your request. To ensure that requesters are treated fairly, the Division processes requests in the approximate order of receipt. Please be assured that your request is being handled as equitably and promptly as possible. If you have any questions regarding the status of your request, you may contact our office at crt.foiarequests@usdoj.gov. Please reference the FOIA No. above in any communications with the Civil Rights Division about your request. 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: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877- 684-6448; or facsimile at 202-741-5769. Please reference the FOIA/PA No. above in any correspondence with OGIS. If you are not satisfied with the Civil Rights Division's determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy U.S. Department of Justice Civil Rights Division (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submitandtrackrequest-or-appeal . Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal." If possible, please provide a copy of your original request and this response letter with your appeal. If you have any further questions, contact this office by calling (202) 514-4210. Sincerely, Aundra Luckey Freedom of Information/Privacy Acts Unit Civil Rights Division ____________________________ November 8, 2024—Sent via email David Medeiros aabiwr@live.com Dear David Medeiros: Thank you for contacting the Office of Government Information Services (OGIS), an office of the National Archives and Records Administration. As you are aware, Congress created OGIS to serve as the federal Freedom of Information Act (FOIA) Ombudsman. We assist the public and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. It appears that you are seeking assistance with a FOIA request currently pending with the U.S. Department of Justice’s Civil Rights Division. Please note, OGIS cannot compel an agency to process a request more quickly or ahead of others in the queue. However, in working cases similar to yours, we have learned that some requesters have had success receiving a more timely response by refining the scope of a request. If you would like to discuss narrowing your request—which may allow it to be processed more efficiently— you may wish to contact the agency's FOIA Public Liaison (FPL). All federal agencies have an FPL, whose role is to explain the FOIA process and assist requesters with their FOIA requests at any stage of the administrative process. Additionally, it is important to know that all federal agencies are required to provide an estimated date of completion (EDC) when asked (5 U.S.C. § 552(a)(7)(B)(ii)). In order to obtain an estimated date of completion for your request, we recommend that you contact the agency directly. The FOIA Public Liaison (FPL) for the Civil Rights Division, April Freeman, can be reached at 202-514-4210. We hope you find this information useful. At this time, we will take no further action. If you have questions or concerns that we have not addressed, please contact us again. Best regards, The OGIS Staff

Preserved communications

Preserved binder fragment — page 1113

David Medeiros
Founder, ABI Resources
39 Kings Hwy STE C
Gales Ferry, CT 06335
Email: 176099-61450043@requests.muckrock.com
Date: November 23, 2024
Subject: FOIA Appeal – Request for Estimated Completion Date, ADA Accommodation Confirmation, and 
Enforcement of Constitutional Rights
To:
Priscilla Jones
Supervisory Administrative Specialist
Office of Information Policy
U.S. Department of Justice
441 G Street NW, Sixth Floor
Washington, DC 20530-0001
Telephone: (202) 514-3642
CC:
Kristen Clarke, Assistant Attorney General, Civil Rights Division
April Freeman, FOIA Public Liaison, Civil Rights Division
Office of Government Information Services (OGIS), National Archives
Introduction
This appeal challenges ongoing non-compliance with FOIA statutory requirements, failure to adhere to ADA 
accommodation mandates, and violations of constitutional rights related to FOIA Request No. 25-00044-F. 
The request seeks critical records regarding Medicaid transparency in the Connecticut ABI Waiver Program, 
which holds significant public interest for taxpayers and disability advocates.
Despite statutory deadlines, the Civil Rights Division has failed to:
Provide an estimated date of completion (EDC), as required under 5 U.S.C. § 552(a)(7)(B)(ii).
Deliver records in a timely, ADA-compliant manner.
Acknowledge responsible personnel managing this request.
The delays and non-compliance infringe upon my First, Fifth, and Fourteenth Amendment rights and 
undermine public trust in government accountability.
Legal Grounds for Appeal
1. FOIA Non-Compliance
Failure to Provide EDC: Under 5 U.S.C. § 552(a)(7)(B)(ii), agencies must provide an EDC upon request. To 
date, no EDC has been provided despite multiple follow-ups.
Failure to Meet FOIA Deadlines: Under 5 U.S.C. § 552(a)(6)(A), agencies are obligated to process FOIA 
requests within 20 business days.
2. ADA Violations
ADA Title II (42 U.S.C. § 12132) and Section 504 of the Rehabilitation Act (29 U.S.C. § 794) mandate 
reasonable accommodations for individuals with disabilities. Failure to provide ADA-compliant communication 
(e.g., email-only correspondence, screen-reader-compatible documents) constitutes discrimination.
3. Constitutional Violations
First Amendment: Denying timely access to records impedes the public’s right to transparency and 
accountability, fundamental to democratic participation. (New York Times Co. v. United States, 1971).
Fifth and Fourteenth Amendments: Procedural delays and inadequate accommodations violate due process 
and equal protection rights (Tennessee v. Lane, 2004).
Supremacy Clause: Federal FOIA and ADA laws preempt conflicting agency practices, requiring strict 
adherence to statutory mandates.
Public Interest Justification

Preserved binder fragment — page 1114

This request serves the public’s right to transparency in Medicaid administration, which involves taxpayer 
funds and services for vulnerable populations. Expedited processing under 5 U.S.C. § 552(a)(6)(E) is 
warranted due to the:
Significant public interest in ensuring accountability in Medicaid programs.
Potential systemic issues in ADA compliance and recordkeeping that this case highlights.
Demands for Compliance
Immediate EDC and Records
Provide an EDC for this FOIA request within five (5) business days, as mandated under 5 U.S.C. § 552(a)(7)
(B)(ii).
Fulfill the request with unredacted records unless exemptions under 5 U.S.C. § 552(b) are cited and justified.
ADA Compliance
Ensure all future communication is conducted exclusively via email.
Deliver all records as screen-reader-compatible PDFs, properly labeled and organized.
Identification of Responsible Personnel
Include the names, titles, and contact information of all individuals involved in processing this request.
Consequences of Non-Compliance
Failure to comply with FOIA, ADA, and constitutional obligations will result in:
Judicial Action: Initiating legal proceedings to enforce compliance with FOIA and ADA statutory and 
constitutional requirements.
OGIS Mediation: Filing a formal complaint with the Office of Government Information Services for resolution.
Public and Media Engagement: Engaging transparency organizations and media outlets to expose systemic 
non-compliance and constitutional violations.
Conclusion
The Department of Justice must act immediately to rectify these violations, ensuring adherence to FOIA and 
ADA statutes and protecting constitutional rights. Transparency, accountability, and compliance with federal 
law are non-negotiable.
Please confirm receipt of this appeal and provide a response addressing all points within the statutory 
timeframe.
Sincerely,
David Medeiros
Founder, ABI Resources
MuckRock Request No. 176099
FOIA Appeal No. A-2025-00420
DB.42.131.Inf.
CC:
Kristen Clarke
Assistant Attorney General for Civil Rights Division
Email: kristen.clarke@usdoj.gov
Bobak Talebian
Director, Office of Information Policy (OIP)
Email: oip@usdoj.gov
April Freeman
FOIA Public Liaison, Civil Rights Division
Email: crt.foiarequests@usdoj.gov
Aundra Luckey

Preserved binder fragment — page 1115

Freedom of Information/Privacy Acts Unit, Civil Rights Division
Email: crt.foiarequests@usdoj.gov
Office of Government Information Services (OGIS)
National Archives and Records Administration
Email: ogis@nara.gov
Phone: (202) 741-5770
Merrick B. Garland
Attorney General of the United States
Email: ag@usdoj.gov
Chiquita Brooks-LaSure
Administrator, Centers for Medicare & Medicaid Services (CMS)
Email: administrator@cms.hhs.gov
Xavier Becerra
Secretary, U.S. Department of Health and Human Services (HHS)
Email: secretary@hhs.gov
Dr. Deidre S. Gifford
Commissioner, Connecticut Department of Social Services (DSS)
Email: dss@ct.gov
William Tong
Attorney General, State of Connecticut
Email: attorney.general@ct.gov
U.S. Department of Justice Office of Information Policy Sixth Floor 441 Sreer NW Washingion, DC 20530-
0001 Telephone: (202) 514-3642 November 22,2024 David Medeiros DEPT MR 176099 263 Huntington Ave 
Boston, MA 02115 176099-61450043@requests. muckrock. com Dear David Medeiros: “This is to advise you 
that the Office of Information Policy of the U.S. Department of Justice received your administrative appeal 
from the action of the Civil Rights Division regarding Request No. 25-00044-F on 11/22/2024. In an attempt 
to afford cach appellant equal and impartial treatment, OIP has adopted a ‘general practice of assigning 
appeals in the approximate order of receipt. Your appeal has been assigned number A-2025-00420. Please 
refer to this number in any future communication with OIP regarding this matter. Please note that if you 
provided an email address or another electronic means of communication with your request or appeal, this 
Office may respond to your appeal electronically even if you submitted your appeal to this Office via regular 
U.S. Mail. ‘We will notify you of the decision on your appeal as soon as we can. If you have any questions 
about the status of your appeal, you may contact me at 202-514-3642. If you have submitted your appeal 
through Freedom of Information Act STAR, you may also check the status of your appeal by logging into 
your account. Sincerely, Priscila Jones Priscilla Jones Supervisory Administrative Specialist

Preserved binder fragment — page 1328

FOIA Request 1671521
The following list contains the entire submission submitted November 10, 2024 09:50:02pm ET, and is
formatted for ease of viewing and printing.
Contact information
First name DAVID
Last name MEDEIROS
Mailing Address MuckRock News, DEPT MR176099
263 Huntington Ave
City Boston
State/Province Massachusetts
Postal Code 02115
Country United States
Phone 617-299-1832
Company/Organization N/A
Email 176099-61450043@requests.muckrock.com
Request
Request ID 1671521
Confirmation ID 1675021
Request description Please See attachment for description.
Supporting documentation
Additional Information MR #176099.pdf
Fees
Request category ID other
Fee waiver no
Expedited processing
Expedited Processing no

Preserved binder fragment — page 1340

estimateddateofcompletion(EDC)whenasked(5U.S.C.§552(a)(7)(B)(ii)).Inordertoobtainanestimateddateofcompletionforyourrequest,werecommendthatyoucontacttheagencydirectly.TheFOIAPublicLiaison(FPL)fortheCivilRightsDivision,AprilFreeman,canbereachedat202-514-4210.Wehopeyoufindthisinformationuseful.Atthistime,wewilltakenofurtheraction.Ifyouhavequestionsorconcernsthatwehavenotaddressed,pleasecontactusagain.Bestregards,TheOGISStaff
Therequesteddocumentswillbemadeavailabletothegeneralpublic,andthisrequestisnotbeingmadeforcommercialpurposes.
Intheeventthattherearefees,Iwouldbegratefulifyouwouldinformmeofthetotalchargesinadvanceoffulfillingmyrequest.Iwouldprefertherequestfilledelectronically,bye-mailattachmentifavailableorCD-ROMifnot.
Thankyouinadvanceforyouranticipatedcooperationinthismatter.Ilookforwardtoreceivingyourresponsetothisrequestwithin20businessdays,asthestatuterequires.
Sincerely,
DAVIDMEDEIROS
Uploaddocumentsdirectly:https://accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fdepartment-justice-civil-division-4297%252Frequest-for-estimated-completion-date-and-ada-accommodation-confirmation-for-foia-request-no-25-00044-f-department-of-justice-civil-division-176099%252F%253Femail%253DAngie.E.Cecil%252540usdoj.gov&url_auth_token=AAAxFxPFTRIpVaKVPjxHUqZwlwI%3A1tAKIC%3An2ZVNYJSVjnPkJKlWVAf0veYXmHXb2ZYQcZK4b4sfrI

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