Inspector General closed cases 2016 (Department of Health and Human Services Office of Inspector General)

Emma Best filed this request with the Department of Health and Human Services Office of Inspector General of the United States of America.
Multi Request Inspector General closed cases 2016
Est. Completion None
Status
Fix Required

Communications

From: Emma Best


To Whom It May Concern:

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

a copy of the list or printout or database listing of Inspector General investigations closed/reports completed during calendar year 2016. If the list is organized by FY rather than calendar year, the FY 2016 list is sufficient for this request. If no central list or database exists, then I request that the equivalent information be provided in the form of copies of the cover sheet or first page of each IG report completed during calendar year 2016.

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,

Emma Best

From: Department of Health and Human Services Office of Inspector General

Please see attached.

Sandra Servin-Solis
Government Information Specialist
Office of Inspector General
v. 202-619-2541

From: Department of Health and Human Services Office of Inspector General

Request Number: OIG-19-1271-KS
Date Received: 8/28/2019

This will acknowledge receipt of your Freedom of Information Act (FOIA) request received by this office on the above date. Your request has been assigned a case number based on its receipt in this office and is being processed as expeditiously as possible. The actual processing time will depend on the complexity of your request and whether sensitive records, voluminous records, extensive search, and/or consultation with other HHS components or other executive branch agencies are involved. There may be a charge for these records and, in some cases, the charges may be substantial.

The FOIA and the Department of Health and Human Services (HHS) FOI regulations allow agencies to recover part of the costs of processing FOIA requests. The FOIA and the HHS FOIA regulations are available at the following web addresses: https://www.justice.gov/oip/doj-guide-freedom-information-act-0 and http://www.hhs.gov/foia/45cfr5.html.

If you have any questions, please call (202) 619-2541, or write to us at:

Freedom of Information Division
Office of Inspector General
Room 1062, Cohen Building
330 Independence Ave SW
Washington DC 20201

Please refer to the request number above when corresponding.

Robin R. Brooks
Director
Freedom of Information

Please check that the following information is correct:

BEST, EMMA
411A Highland Ave
Somerville, MA 02144-2516

From: Department of Health and Human Services Office of Inspector General

Good morning Ms. Best:

The FOIA Office process FOIA's on a first-in first-out basis. You are currently #36 in our queue. We anticipate your request reaching the top of our queue on or about October 30, 2019. If you have any questions, please don't hesitate in contacting this office at 202-619-2541.
Thanks
Kenneth Shaw
FOIA Specialist

From: Department of Health and Human Services Office of Inspector General

Dear Ms. Best:

The Department of Health and Human Services (HHS), Office of Inspector General (OIG), processes FOIA's on a first-in-first-out basis. You are currently number 23 in our queue. Please be assured that we are doing everything possible to process your request. If you have any questions, please don't hesitate in contacting this office at 202-619-2541.

Sincerely,

Sandra Servin-Solis
HHS/OIG/FOIA

From: Department of Health and Human Services Office of Inspector General

Request Number: OIG-20-0125-KS
Date Received: 11/13/2019

This will acknowledge receipt of your Freedom of Information Act (FOIA) request received by this office on the above date. Your request has been assigned a case number based on its receipt in this office and is being processed as expeditiously as possible. The actual processing time will depend on the complexity of your request and whether sensitive records, voluminous records, extensive search, and/or consultation with other HHS components or other executive branch agencies are involved. There may be a charge for these records and, in some cases, the charges may be substantial.

The FOIA and the Department of Health and Human Services (HHS) FOI regulations allow agencies to recover part of the costs of processing FOIA requests. The FOIA and the HHS FOIA regulations are available at the following web addresses: https://www.justice.gov/oip/doj-guide-freedom-information-act-0 and http://www.hhs.gov/foia/45cfr5.html.

If you have any questions, please call (202) 619-2541, or write to us at:

Freedom of Information Division
Office of Inspector General
Room 1062, Cohen Building
330 Independence Ave SW
Washington DC 20201

Please refer to the request number above when corresponding.

Robin R. Brooks
Director
Freedom of Information

Please check that the following information is correct:

BEST, EMMA
411A Highland Ave
Somerville, MA 02144-2516

From: Department of Health and Human Services Office of Inspector General

Ms. Best:

This is an interim response to the November 12, 2019, Freedom of Information Act (FOIA), requests you submitted to the Department of Health and Human Services (HHS), Office of Inspector General (OIG), seeking a copy of the list or printout or database listing of IG investigations closed/reports completed during calendar year 2014. You also requested a "Fee Waiver".

Under the FOIA and its implementing regulation, criteria exist to qualify a requester for a fee waiver specifically: (1) disclosure of the information must be in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the Government; and (2) disclosure must not be in the commercial interest of the requester. You should also note that HHS considers the following factors: (1) How, if at all, do the records to be disclosed pertain to the operations or activities of the Federal Government? (2) Would disclosure of the records reveal any meaningful information about government operations or activities? Can one learn from these records anything about such operations that is not already public knowledge? (3) Will the disclosure advance the understanding of the general public as distinguished from a narrow segment of interested persons? (4) Will the contribution to public understanding be a significant one? Will the public's understanding of the government's operations be substantially greater as a result of the disclosure? (45 C.F.R. Section 5.45(b)

If the four factors of the public interest prong are satisfied, the requester must then satisfy the commercial prong by showing that the disclosure of the information is not primarily in the commercial interest. (45 C.F.R. Section 5.45(c)

The requester bears the burden of justifying entitlement to a fee waiver. See Larson v. Central Intelligence Agency, 843 F2d 1481, 1843 (D.C. Cir. 1998); Carney v. United states Department of Justice, 10 F.3d 807, 814 (2nd Cir. 1994); McQueen v. United States, 264 F. Supp. 2d 502, 524 (S.D. Tex 2003) aff'd, 100 Fed. Appx. 964 (5th Cir. 2004)

In support of your request for a fee waiver, you state that "As your p0rimary purpose is to inform government activities by reporting on it and making the raw data available, you requested that fees be waived . However, you did not proffer any support of how the requested records, if any exist, would significantly contribute to the public's understanding of HHS operations. Therefore, I am denying your request for a fee waiver. It should be noted that all FOIAs are subject to billable processing charges if they exceed $25.00, which is the Department's threshold for billing purposes. Please note: We have placed you in the "news/media" category, which means you will only be billed duplication costs at $.10 per page, however, since we process all records electronically there will be no duplication costs.

If you are not satisfied with my decision on this request, you may administratively appeal this denial of Fee Waiver. Your appeal must be postmarked or electronically transmitted within 90 days from the date of this letter, to U.S. Department of Health and Human Services, Assistant Secretary for Public Affairs, FOI/Privacy Act Division, Suite 729H, 200 Independence Avenue, SW, Washington, DC 20201. Clearly mark both the envelope and your letter "Freedom of Information Act Appeal" or you may email them at FOIARequest@hhs.gov<mailto:FOIARequest@hhs.gov>.

In addition, you may contact our FOIA Requester Service Center at 202.619.2541 or FOIA@oig.hhs.gov<mailto:FOIA@oig.hhs.gov>, for any further assistance or to discuss any aspect of 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 as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov<mailto:ogis@nara.gov> telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Sincerely,

FOR: //Kenneth A. Shaw, November 13, 2019
Robin R. Brooks
Director
Freedom of Information

From: Department of Health and Human Services Office of Inspector General

Request Number: OIG-20-0172-KS
Date Received: 11/26/2019

This will acknowledge receipt of your Freedom of Information Act (FOIA) request received by this office on the above date. Your request has been assigned a case number based on its receipt in this office and is being processed as expeditiously as possible. The actual processing time will depend on the complexity of your request and whether sensitive records, voluminous records, extensive search, and/or consultation with other HHS components or other executive branch agencies are involved. There may be a charge for these records and, in some cases, the charges may be substantial.

The FOIA and the Department of Health and Human Services (HHS) FOI regulations allow agencies to recover part of the costs of processing FOIA requests. The FOIA and the HHS FOIA regulations are available at the following web addresses: https://www.justice.gov/oip/doj-guide-freedom-information-act-0 and http://www.hhs.gov/foia/45cfr5.html.

If you have any questions, please call (202) 619-2541, or write to us at:

Freedom of Information Division
Office of Inspector General
Room 1062, Cohen Building
330 Independence Ave SW
Washington DC 20201

Please refer to the request number above when corresponding.

Robin R. Brooks
Director
Freedom of Information

Please check that the following information is correct:

BEST, EMMA
411A Highland Ave
Somerville, MA 02144-2516

From: Department of Health and Human Services Office of Inspector General

Ms. Best:

This is an interim response to the November 22, 2019, Freedom of Information Act (FOIA), requests you submitted to the Department of Health and Human Services (HHS), Office of Inspector General (OIG), seeking a copy of the list or printout or database listing of IG investigations closed/reports completed during calendar year 2013. You also requested a "Fee Waiver".

Under the FOIA and its implementing regulation, criteria exist to qualify a requester for a fee waiver specifically: (1) disclosure of the information must be in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the Government; and (2) disclosure must not be in the commercial interest of the requester. You should also note that HHS considers the following factors: (1) How, if at all, do the records to be disclosed pertain to the operations or activities of the Federal Government? (2) Would disclosure of the records reveal any meaningful information about government operations or activities? Can one learn from these records anything about such operations that is not already public knowledge? (3) Will the disclosure advance the understanding of the general public as distinguished from a narrow segment of interested persons? (4) Will the contribution to public understanding be a significant one? Will the public's understanding of the government's operations be substantially greater as a result of the disclosure? (45 C.F.R. Section 5.45(b)

If the four factors of the public interest prong are satisfied, the requester must then satisfy the commercial prong by showing that the disclosure of the information is not primarily in the commercial interest. (45 C.F.R. Section 5.45(c)

The requester bears the burden of justifying entitlement to a fee waiver. See Larson v. Central Intelligence Agency, 843 F2d 1481, 1843 (D.C. Cir. 1998); Carney v. United states Department of Justice, 10 F.3d 807, 814 (2nd Cir. 1994); McQueen v. United States, 264 F. Supp. 2d 502, 524 (S.D. Tex 2003) aff'd, 100 Fed. Appx. 964 (5th Cir. 2004)

In support of your request for a fee waiver, you state that "As your primary purpose is to inform government activities by reporting on it and making the raw data available, you requested that fees be waived . However, you did not proffer any support of how the requested records, if any exist, would significantly contribute to the public's understanding of HHS operations. Therefore, I am denying your request for a fee waiver. It should be noted that all FOIAs are subject to billable processing charges if they exceed $25.00, which is the Department's threshold for billing purposes. Please note: We have placed you in the "news/media" category, which means you will only be billed duplication costs at $.10 per page, however, since we process all records electronically there will be no duplication costs.

If you are not satisfied with my decision on this request, you may administratively appeal this denial of Fee Waiver. Your appeal must be postmarked or electronically transmitted within 90 days from the date of this letter, to U.S. Department of Health and Human Services, Assistant Secretary for Public Affairs, FOI/Privacy Act Division, Suite 729H, 200 Independence Avenue, SW, Washington, DC 20201. Clearly mark both the envelope and your letter "Freedom of Information Act Appeal" or you may email them at FOIARequest@hhs.gov.

In addition, you may contact our FOIA Requester Service Center at 202.619.2541 or FOIA@oig.hhs.gov, for any further assistance or to discuss any aspect of 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 as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, 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.

Sincerely,

FOR: //Kenneth A. Shaw, November 27, 2019
Robin R. Brooks
Director
Freedom of Information

From: Emma Best

You're barred from charging me duplication fees regardless unless the log exceeds 5,000 pages. Don't act like you're doing me a favor when you're legally not prohibited to charge news media requesters duplication fees when you fail to meet the statutory requirement. If you are not satisfied with my decision on this request, you may invite me to sue you and win the case, including attorney's fees and litigation costs.

From: Department of Health and Human Services Office of Inspector General

Ms. Best,

I am confused by the hostility in your email; believe me, no one is "doing you a favor" we are simply responding to your request for a fee waiver. As indicated in the email below, we don't charge duplication fees to ANY FOIA requester; we find it more efficient to process records electronically, thereby eliminating duplication costs. Should you wish to avail yourself, you may seek judicial review in accordance with the Administrative Procedure Act, 5 U.S.C. ยง 701-706.

If you have questions or concerns, please feel free to contact me directly at 202.619.2541.

Thank you,
Robin Brooks
Director, FOIA Division
Office of Inspector General
Deparement of Health & Human Services
330 Independence Ave SW
Suite 5541A
Washington DC 20201

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