Cigna - California Insurance Department, correspondence with CT

David Sirota filed this request with the Department of Insurance of California.

It is a clone of this request.

Status
Completed

Communications

From: David Sirota

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

All correspondence to or from employees of the Office of the Insurance Commissioner to or from employees of the Connecticut Insurance Department regarding Anthem's proposed acquisition of Cigna, and regarding the proposed Aetna-Humana merger. This includes correspondence to or from email address from the domain name "ct.gov" and any email to or from the email address "katielanzawade@comcast.net"

I hereby request any and all such correspondence from the dates 1/1/15 to the present.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

Please search for responsive records regardless of format. I request the information in a machine-processable format, such as a spreadsheet (CSV or XLS) or word processor (TXT, DOC, DOCX) format. It can be provided by email, thumb drive, or CD. If it is unavailable in any other format, an OCRed PDF (i.e. searchable) will do.

If it is your position that some of these records are available but others are not (or a part of the request is too broad), please provide me with the records that are available.

If it is your position that any portion of the requested records is exempt from disclosure, I request that you provide it with an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is actually exempt under FOIA.” Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Moreover, the Vaughn index must “describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information.” King v. U.S. Dep’t of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, “the withholding agency must supply ‘a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document
to which they apply.’” Id.at 224 (citing Mead Data Central v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

In the event some portions of the requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. See 5 U.S.C. § 552(b). If it is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims of nonsegregability must be made with the same degree of detail as required for claims of exemptions in a Vaughn index. If a request is denied in whole, please state specifically that it is not reasonable to segregate portions of the record for release.

I request a waiver of fees associated with processing this request for records. International Business Times is a news media organization. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

David Sirota
International Business Times
(646) 867-7100

From: Custodian of Records

The California Department of Insurance is in receipt of your request below which has been treated as a Public Records Act request. The Department will respond shortly pursuant to Government Code Section 6253(c) which states that the Department has up to ten days to respond to your request.

Belinda M. Charters
Senior Legal Analyst
Government Law Bureau
CA Department of Insurance
300 Capitol Mall, Suite 1700
Sacramento, CA 95814
Phone: (916) 492-3334

From: Charters, Belinda

Mr. Sirota:

On June 6, 2016, the California Department of Insurance ("Department") Custodian of Records received your request for information on the above-referenced matter, which has been treated as a request pursuant to the California Public Records Act (Gov. Code § 6250 et. Seq).

Specifically, your request seeks correspondence to/from the Department to/from Connecticut Insurance Department regarding Anthem's proposed acquisition of Cigna.

The Department is investigating whether there are any responsive documents. Please consider this letter written notice of extension of the time limit in which to respond to your request, to June 30, 2016 on or before which the Department will make a determination on your request. This notice is given pursuant to California Government Code section 6253.

We also have not received the additional check for $20.00 regarding PRA-2016-00318. Please send that to us today.

Thank you in advance for your consideration.

Belinda M. Charters
Senior Legal Analyst
Government Law Bureau
CA Department of Insurance
300 Capitol Mall, Suite 1700
Sacramento, CA 95814
Phone: (916) 492-3334

From: David Sirota

We sent the check for $20. I will check its status. Please tell me when you get it. Thanks.

David

From: Charters, Belinda

Mr. Sirota,

We are still searching for responsive documents and will respond to your request by July 7, 2016.

Belinda M. Charters
Senior Legal Analyst
Government Law Bureau
CA Department of Insurance
300 Capitol Mall, Suite 1700
Sacramento, CA 95814
Phone: (916) 492-3334

From: Charters, Belinda

Mr. Sirota:

On June 6, 2016, the California Department of Insurance ("Department") Custodian of Records received your request for information on the above-referenced matter, which has been treated as a request pursuant to the California Public Records Act (Gov. Code § 6250 et. Seq).

Specifically, your request seeks correspondence to/from the Department to/from Connecticut Insurance Department regarding Anthem's proposed acquisition of Cigna.

The Department has concluded its search for records in the above-referenced matter and provides you with the attached email dated 4/22/16 and Anthem responses.

The Department is entitled to charge $2.50 for each set of electronic records produced pursuant to the California Public Records Act. Accordingly, please remit a check payable to the Department of Insurance in the amount of Two Dollars and Fifty Cents ($2.50) payable to the Department of Insurance, Attn: Belinda Charters, 300 Capitol Mall, 17th Floor, Sacramento, CA 95814. The Department will not be sending a separate invoice.

Please put the Department's file number PRA-2016-00553 in the memorandum portion of the check. Unfortunately, the Department is not set up to accept credit card payments.

The Department has other responsive documents that are maintained as confidential pursuant to California Insurance Code Sections 735.5 and 12919, Government Code section 6254 (d) and (k), and the deliberative process privilege.

Belinda M. Charters
Senior Legal Analyst
Government Law Bureau
CA Department of Insurance
300 Capitol Mall, Suite 1700
Sacramento, CA 95814
Phone: (916) 492-3334

From: MuckRock.com


To Whom It May Concern:

Please find enclosed a check for $2.50 to satisfy the fee associated with the attached public records request.

Thank you.

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