Preserved request language
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 ticket’s 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 CMS’s 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 FOIA’s 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
Preserved communications
Preserved binder fragment — page 747
Dear DAVID MEDEIROS,
Your profile has been created in the HHS FOIA Submission Site and an email has been sent to the email address
provided with a link to create your password to access your profile. Go to https://requests.publiclink.hhs.gov once you
have created your password.
User Name: 176223-39868678@requests.muckrock.com
If you have any previously submitted requests to U.S. Department of Health & Human Services you will be able to view
them when you login.
Regards,
U.S. Department of Health & Human Services
Preserved binder fragment — page 1254
DEPARTMENT OF HEALTH & HUMAN SERVICES Office of the Secretary
Assistant Secretary for Public Affairs
Washington, D.C. 20201
HHS Case No: 2025-00638-FOIA-OS
November 21, 2024
Sent via email:
David Medeiros
176223-39868678@requests.muckrock.com
Dear David Medeiros:
This acknowledges receipt of your November 18, 2024, Freedom of Information Act (FOIA)
request, submitted to the Department of Health and Human Services (HHS), FOI/Privacy Acts
Division concerning “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.” We received your request on November 18, 2024.
Because you seek records which require a search in another office, “unusual circumstances”
apply to your request, automatically extending the time limit to respond to your request for ten
additional days. See 5 U.S.C. 552 § (a)(6)(B)(i)-(iii) (2012 & Supp. V. 2017). Further, we
estimate needing more than 10 additional days to respond to your request and so, in the next
paragraph of this letter we are offering you an opportunity to narrow your request, in case
narrowing the request would enable us to respond to the request sooner. The actual time needed
to process your request will depend on the complexity of our records search and on the volume
and complexity of any material located. For your information, this Office assigns incoming
requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a
first-in, first-out basis in relation to other requests in the same track. Our current workload is
approximately 3000 cases.
Your request is assigned to the complex track. In an effort to speed up our records search, you
may wish to narrow the scope of your request to limit the number of potentially responsive
records or agree to an alternative time frame for processing, should records be located. You may
also wish to await the completion of our records search to discuss either of these options.
I regret the necessity of this delay, but I assure you that your request will be processed as soon as
possible. If you have any questions or wish to discuss reformulation or an alternative time frame
for the processing of your request, you may contact the HHS FOIA office via email at
foiarequest@hhs.gov.
Preserved binder fragment — page 1314
DEPARTMENT OF HEALTH & HUMAN SERVICES Office of the Secretary
Assistant Secretary for Public Affairs
Washington, D.C. 20201
HHS Case No. 2025-00638-FOIA-OS
November 21, 2024
Sent via email:
David Medeiros
176223-39868678@requests.muckrock.com
Dear David Medeiros:
This is an interim response to your November 18, 2024, Freedom of Information Act (FOIA)
request. You requested the following: (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).
I have determined your request for expedited processing does not meet the requirements under
the FOIA and HHS implementing regulations and cannot be granted. The FOIA requires an
agency expedite processing of a request only when the requester demonstrates a “compelling
need.”
Our review indicates you have not clearly demonstrated a “compelling need,” because you have
not clearly articulated an imminent threat to the life or physical safety of an individual; and you
also have not demonstrated that there is an “urgency to inform the public concerning actual or
alleged Federal activity” through a request by one primarily engaged in disseminating
information to the public.
The law authorizes us to collect fees for responding to FOIA requests. However, because we
are uncertain that applicable fees will exceed our minimum charge ($25.00), we are not
addressing your request for a fee waiver at this time. Nevertheless, if we determine there will be
fees associated with processing your request, we will contact you at that time.
The Department of Health and Human Services regulations allows us to recover part of the costs
associated with the processing of FOIA requests. It was determined that your request will be
processed under the “General Public” category; therefore, your request may be subject to
duplication fees at .10 cents per page after the first 100 pages of duplication. We will notify you
if it appears that the fees will exceed the limit in which you set.
If you are not satisfied with my action on this request, you may administratively appeal this
denial of expedited processing. By filing an appeal, you preserve your rights under FOIA and
give the agency a chance to review and reconsider your request and the agency’s decision.