CMS/HHS letter

Sam Mellins filed this request with the New York State Department of Health of New York.
Tracking #

23-06-044

MELLINS_DOH_20230605031018081

Status
Completed

Communications

From: Sam Mellins

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

documents sent to the the Centers for Medicare and Medicaid Services and/or the Department of Health and Human Services concerning a potential expansion of health care to undocumented New Yorkers through a 1332 waiver or New York Essential Plan expansion

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 there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Sam Mellins

From: New York State Department of Health

Email






Thank you for submitting your FOIL request through Open FOIL NY.

Here is your Open FOIL NY confirmation information for future reference:

MELLINS_DOH_20230605031018081

INFORMATION SUBMITTED:

Records Requested From
Department of Health


Short Title
CMS/HHS letter

Description
To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:documents sent to the the Centers for Medicare and Medicaid Services and/or the Department of Health and Human Services concerning a potential expansion of health care to undocumented New Yorkers through a 1332 waiver or New York Essential Plan expansionThe requested documents will be made available to the general public, and this request is not being made for commercial purposes.In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.Sincerely,Sam MellinsUpload documents directly: https://www.muckrock.com/

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FOIL Response Format
Email

If fees apply, please contact me if costs will be greater than
$25
Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request. Please allow up to five business days for such communication(s). For your convenience, here is additional contact information:

Department of Health
Corning Tower
Room 2364
Albany, NY 12237-0044

From: New York State Department of Health

Good morning -

Please see the attached correspondence regarding your Freedom of Information Law (FOIL) request.

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

[state]

From: New York State Department of Health

Good Afternoon,

Attached you will find the NYS Department of Health's Extension letter for the above referenced matter.

Thank you

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

From: Sam Mellins

Dear Records Access Officer:

This is an appeal of DOH's determination on 6/23/23, regarding the above request. DOH has constructively denied my request. The possible return date of 8/28/23 -- more than three months after the request was filed – is unreasonable, given the narrow scope of the request.

Because of this appeal, BKDA is required by law to provide specific reasons within 10 business days explaining why this request cannot be filled, or else, must provide the records sought.

According to the Committee on Open Government, if a government entity acknowledges that a request has been received, but has failed to grant access by the specific date given beyond twenty business days, or if the specific date given is unreasonable, a request may be considered to have been constructively denied (see §89[4][a]). In such a circumstance, the denial may be appealed in accordance with §89(4)(a), which states in relevant part that:

“...any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefore designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought.”

I, on behalf of New York Focus, am requesting either you fill this FOIL request, or else provide a full explanation as to the reason for the denial, as required by law, of this public record.

Sincerely,
Sam Mellins
Senior Reporter, New York Focus

From: New York State Department of Health

Dear Sam Mellins:

Attached please find the Department of Health's letter pertaining to the above-referenced request.
Thank you,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | foil@health.ny.gov<mailto:foil@health.ny.gov>

From: New York State Department of Health

Good morning,

FOIL Request # 23-06-044 was closed on 08/01/2023. A copy of the response material is attached for your reference.

Thank you,

Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | foil@health.ny.gov<mailto:foil@health.ny.gov>

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