CMS CMMI Communications regarding the RO-APM

Bill Roentgen filed this request with the Centers for Medicare and Medicaid Services of the United States of America.
Tracking #

090820227055

Status
Completed

Communications

From: Bill Roentgen

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Email communications from the CMS Innovation Center regarding the Radiation Oncology Model ("RO Model" or "RO-APM") from January 1st, 2019 to December 31st, 2021. Specifically, communications regarding the model development to or from Dr. Mark Reardon (Quality Lead, RO Model), Marcie O’Reilly (Team Lead, RO Model), Genevieve Kehoe (Pricing Methodology Lead, RO Model), Dr. Aileen Chen (Clinical Consultant), the American Society for Radiation Oncology ("ASTRO"), and Mathematica Policy Research.

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 20 business days, as the statute requires.

Sincerely,
Bill Roentgen

From: Centers for Medicare and Medicaid Services

Dear Requester:

Please see the attached acknowledgement letter related to your FOIA request.

Thank you,

Doris

From: Centers for Medicare and Medicaid Services

Dear Requester:

Please see the attached clarification letter related to your FOIA request.

Thank you,

Doris Davis
Government Information Specialist
410-786-5915 doris.davis@cms.hhs.gov
7500 Security Blvd., C5-11-18/Mailstop C5-11-06
Baltimore, MD 21244-1850

Centers for Medicare & Medicaid Services (CMS)
Office of Strategic Operations & Regulatory Affairs (OSORA),
Division of FOIA Analysis - A

If you need to speak with someone regarding a pending FOIA request, please contact the coordinator assigned the request submitted. The contact name and phone number of the coordinator can be located on the acknowledgement letter forwarded by our office.

For answers to general FOIA related questions, please visit our web-based FOIA Service Center at http://www.cms.gov/center/freedom-of-information-act-center.html.

To check the status of your existing FOIA request with your CMS FOIA Control and Pin, go to http://www.cms.gov/apps/FOIA/

Contact FOIA office at 410-786-5353 or FOIA_Request@cms.hhs.gov<mailto:FOIA_Request@cms.hhs.gov>

From: Bill Roentgen

Regarding CMS FOIA: Control Number 090820227055 and PIN T3QD

Mr Tripline -

Thank you for your response. To narrow the scope of my request:

Within email communications from the CMS Innovation Center regarding the Radiation Oncology Model ("RO Model" or "RO-APM") from January 1, 2019 to December 31, 2021

1) More specifically, emails discussing the exclusion of "proton therapy" or "protons" from the RO-APM

2) More specifically, emails discussing the exclusion of "PPS-exempt" or "Prospective Payment System-exempt" institutions

3) More specifically, in the 3 month period of October 2021 to December 2021, emails discussing the delay of the model

Please let me know if that adequately narrows my request, or if you need further clarification!

From: Centers for Medicare and Medicaid Services

Control number: 090820227055

Dear Requester:

We are still processing your request.

Thank you,

Doris Davis
Government Information Specialist
410-786-5915 doris.davis@cms.hhs.gov
7500 Security Blvd., C5-11-18/Mailstop C5-11-06
Baltimore, MD 21244-1850

Centers for Medicare & Medicaid Services (CMS)
Office of Strategic Operations & Regulatory Affairs (OSORA),
Division of FOIA Analysis – A

If you need to speak with someone regarding a pending FOIA request, please contact the coordinator assigned the request submitted. The contact name and phone number of the coordinator can be located on the acknowledgement letter forwarded by our office.

For answers to general FOIA related questions, please visit our web-based FOIA Service Center at http://www.cms.gov/center/freedom-of-information-act-center.html.

To check the status of your existing FOIA request with your CMS FOIA Control and Pin, go to http://www.cms.gov/apps/FOIA/

Contact FOIA office at 410-786-5353 or FOIA_Request@cms.hhs.gov<mailto:FOIA_Request@cms.hhs.gov>

From: Centers for Medicare and Medicaid Services

Dear Requester:

We are still processing your request.

Thank you,

Doris Davis
Government Information Specialist
410-786-5915 doris.davis@cms.hhs.gov
7500 Security Blvd., C5-11-18/Mailstop C5-11-06
Baltimore, MD 21244-1850

Centers for Medicare & Medicaid Services (CMS)
Office of Strategic Operations & Regulatory Affairs (OSORA),
Division of FOIA Analysis – A

Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>

If you need to speak with someone regarding a pending FOIA request, please contact the coordinator assigned the request submitted. The contact name and phone number of the coordinator can be located on the acknowledgement letter forwarded by our office.

For answers to general FOIA related questions, please visit our web-based FOIA Service Center at http://www.cms.gov/center/freedom-of-information-act-center.html.

To check the status of your existing FOIA request with your CMS FOIA Control and Pin, go to http://www.cms.gov/apps/FOIA/

Contact FOIA office at 410-786-5353 or FOIA_Request@cms.hhs.gov<mailto:FOIA_Request@cms.hhs.gov>

From: Centers for Medicare and Medicaid Services

Dear Requester:

In the future, please send your inquiries to FOIA_request@cms.hhs.gov<mailto:FOIA_request@cms.hhs.gov>

We are in the disclosure review part of your request.

Thank you,

Doris Davis
Government Information Specialist
410-786-5915 doris.davis@cms.hhs.gov
7500 Security Blvd., C5-11-18/Mailstop C5-11-06
Baltimore, MD 21244-1850

Centers for Medicare & Medicaid Services (CMS)
Office of Strategic Operations & Regulatory Affairs (OSORA),
Division of FOIA Analysis – A

Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>

If you need to speak with someone regarding a pending FOIA request, please contact the coordinator assigned the request submitted. The contact name and phone number of the coordinator can be located on the acknowledgement letter forwarded by our office.

For answers to general FOIA related questions, please visit our web-based FOIA Service Center at http://www.cms.gov/center/freedom-of-information-act-center.html.

To check the status of your existing FOIA request with your CMS FOIA Control and Pin, go to http://www.cms.gov/apps/FOIA/

Contact FOIA office at 410-786-5353 or FOIA_Request@cms.hhs.gov<mailto:FOIA_Request@cms.hhs.gov>

From: Centers for Medicare and Medicaid Services

Dear Requester:

An estimated completion date will be July 31, 2023, because the total pages that must be reviewed for disclosure is 78,410 pages. If you would like to narrow the scope please let us know.

Thank you,

Doris Davis
Government Information Specialist
410-786-5915 doris.davis@cms.hhs.gov
7500 Security Blvd., C5-11-18/Mailstop C5-11-06
Baltimore, MD 21244-1850

Centers for Medicare & Medicaid Services (CMS)
Office of Strategic Operations & Regulatory Affairs (OSORA),
Division of FOIA Analysis – A

Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>

If you need to speak with someone regarding a pending FOIA request, please contact the coordinator assigned the request submitted. The contact name and phone number of the coordinator can be located on the acknowledgement letter forwarded by our office.

For answers to general FOIA related questions, please visit our web-based FOIA Service Center at http://www.cms.gov/center/freedom-of-information-act-center.html.

To check the status of your existing FOIA request with your CMS FOIA Control and Pin, go to http://www.cms.gov/apps/FOIA/

Contact FOIA office at 410-786-5353 or FOIA_Request@cms.hhs.gov<mailto:FOIA_Request@cms.hhs.gov>

From: Centers for Medicare and Medicaid Services

Good afternoon,

Your case is currently in the review process. They're approximately 1600 pages of documents to review. I hope to have it to you within several weeks, thank you.

Jason Mastropaolo
Jason Mastropaolo
Division of FOIA Analysis -A
Freedom of Information Group
Office of Strategic Operations and Regulatory Affairs
Centers for Medicare & Medicaid Services
E-mail: jason.mastropaolo1@cms.hhs.gov<mailto:jason.mastropaolo1@cms.hhs.gov>

Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>

From: Bill Roentgen

To Whom It May Concern:

I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Aug. 24, 2022. You had previously indicated that it would be completed in the next several weeks at your last communication on August 1st, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #090820227055.

Thanks for your help, and let me know if further clarification is needed.

From: Centers for Medicare and Medicaid Services

Good afternoon,

Please find the attached documents pertaining to your FOIA request along with the final letter. With kind regards.

Jason Mastropaolo
Jason Mastropaolo
Division of FOIA Analysis -A
Freedom of Information Group
Office of Strategic Operations and Regulatory Affairs
Centers for Medicare & Medicaid Services
E-mail: jason.mastropaolo1@cms.hhs.gov<mailto:jason.mastropaolo1@cms.hhs.gov>

Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>

From: Bill Roentgen

Good morning -

I appreciate the consistency and effort this request took, this was a large number of emails on a complex topic.

I understand the redactions made through the FOIA exemptions, in particular, the (b)(6) redactions.

As is evident in the release, due to Exemption 5, the vast majority of this information is redacted (or was already publicly available).

Prior to filing an appeal, I would request consideration of the following:

1) On page 1258 of the PDF, while the email is from a CMS employee and appears to be exempt under (b)(5), it is actually a CMS employee forwarding an email she received from a member of the public on their opinion on interim information. As such, this would not fall under an exemption, as it is not a pre-decision opinion by CMS. Could this redaction be removed? This email is being forwarded by the CMS employee as an "FYI".

2) On page 234 of the PDF, an employee of CMS has received a copy from an outside organization of an article published in The Journal of Clinical Oncology (a journal and article available to the public). The (b)(5) redaction appears to be applied to the employees opinion on the article, not on internal decision making process. As the opinion is being rendered on a public document, and after contact initiated by an outside organization, could this redaction be removed?

After looking at the rest of the release, the other Exemption 5 redactions seem consistent, save for these two.

Again, I really appreciate this work. This was a huge number of files!

Thank you!

Control Number 090820227055 and PIN T3QD

From: Centers for Medicare and Medicaid Services

Good morning,

Case was closed and documents sent October 10th, 2023.

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