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Case TitleFROST BROWN TODD LLC v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02784
Date Filed2021-10-19
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffFROST BROWN TODD LLC
Case DescriptionThe law firm of Frost Brown Todd LLC submitted FOIA requests to the Centers for Medicare and Medicaid Management for records concerning the risk adjustment processing system filter logic and the way in which payments were calculated. The agency acknowledged receipt of the requests and told FBT that it would cost $120,000 to search the records. FBY paid the fee and CMS disclosed in multiple interim releases but withheld a number of records under Exemption 5 (privileges). After hearing nothing further from the agency, FBT filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantCENTERS FOR MEDICARE AND MEDICAID SERVICES
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-191COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8811103) filed by FROST BROWN TODD LLC. (Attachments: # 1 Exhibit A - FOIA Request One - 2018-05-21 LTR to CMS re FOIA, # 2 Exhibit B - FOIA Request Two - 2018-05-21 LTR to CMS re Attestations and Compliance, # 3 Exhibit C - FOIA Request Three - 2018-05-21 LTR to CMS re Data Accuracy, # 4 Exhibit D - FOIA Request Four - 2018-05-21 LTR to CMS re Medicare Managed Care Manual, # 5 Exhibit E - FOIA Request Five - 2018-05-21 LTR to CMS re Overpayment Rule, # 6 Exhibit F - FOIA Request Six - 2018-05-21 LTR to CMS re Retrospective Chart Reviews, # 7 Exhibit G - 2018-05-23 CMA acknowledgement, # 8 Exhibit H - 2018-05-24 CMS acknowledgement, # 9 Exhibit I - 2018-06-22 Letter from CMS requiring advanced payment, # 10 Exhibit J - 2018-07-20 Response to CMS Fee Demand, # 11 Exhibit K - 2018-07-25 CMS Response, # 12 Exhibit L - 2018-08-09 Agreement to tender fee, # 13 Exhibit M - 2018-08-14 LTR 2 CMS transmitting payment, # 14 Exhibit N - 2018-09-18 RE FOIA Advance Paym, # 15 Exhibit O - 2018-09-22 RE FOIA Advance payment, # 16 Exhibit P - 2019-03-19 LTR from CMS re FOIA Request Control No. 052220187048 Interim 1 Response, # 17 Exhibit Q - 2019-04-25 LTR to CMS re Responses for Control Number 052220187048, # 18 Exhibit R - 2019-07-12 LTR to CMS re ongoing deficiencies, # 19 Exhibit S - 2019-07-18 LTR from CMS re FOIA Requests Interim 2 Response, # 20 Exhibit T - 2019-07-31 LTR to CMS re Second Interim Response Deficiencies, # 21 Exhibit U - 2019-08-22 LTR from CMS re FOIA Requests - Interim 3 Response, # 22 Exhibit V - 2019-09-30 Ltr to H. Gilmore at CMS re Third Interim Response, # 23 Exhibit W - 2019-10-15 LTR from CMS re FOIA Requests - Interim 4 Response, # 24 Exhibit X - 2020-01-23 LTR from CMS re FOIA Requests - Interim 5 Response, # 25 Exhibit Y - 2020-03-26 LTR from CMS re FOIA request - Interim 6 Response, # 26 Exhibit Z - 2021-02-17 Continued Interest Letter Emailed, # 27 Exhibit AA 2021-02-17 Signed Continued Letter of Interest FOIA Request, # 28 Exhibit BB - 2021-09-02 LTR to CMS re Continued Response Deficiencies, # 29 Exhibit CC - 2021-09-16 LTR from CMS - Interim 7 Response, # 30 Civil Cover Sheet, # 31 Summons)(Ward, Joseph) (Entered: 10/19/2021)
2021-10-192NOTICE of Appearance by Joseph M. Ward on behalf of FROST BROWN TODD LLC (Ward, Joseph) (Entered: 10/19/2021)
2021-10-20NOTICE OF ERROR re 1 Complaint; emailed to jward@fbtlaw.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 10/20/2021)
2021-10-203NOTICE of Appearance by Yugo Nagashima on behalf of FROST BROWN TODD LLC (Nagashima, Yugo) (Entered: 10/20/2021)
2021-10-204ERRATA by FROST BROWN TODD LLC. (Ward, Joseph) (Entered: 10/20/2021)
2021-10-205REQUEST FOR SUMMONS TO ISSUE filed by FROST BROWN TODD LLC.(Ward, Joseph) (Entered: 10/20/2021)
2021-10-206LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FROST BROWN TODD LLC (Ward, Joseph) (Entered: 10/20/2021)
2021-10-25Case Assigned to Judge Tanya S. Chutkan. (znmg) (Entered: 10/25/2021)
2021-10-257SUMMONS (3) Issued Electronically as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 10/25/2021)
2021-10-26RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 2 NOTICE of Appearance by Joseph M. Ward on behalf of FROST BROWN TODD LLC (Ward, Joseph). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 11/2/2021. (znmw) Modified on 10/28/2021 (znmw). (Entered: 10/26/2021)
2021-11-299NOTICE of Appearance by Anna Davis Walker on behalf of CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Walker, Anna) (Entered: 11/29/2021)
2021-11-2910First MOTION for Extension of Time to File Answer or Otherwise Respond (Partially Opposed) by CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 11/29/2021)
2021-11-30MINUTE ORDER: Granting 10 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the Complaint by 1/21/22. Signed by Judge Tanya S. Chutkan on 11/30/21. (DJS) (Entered: 11/30/2021)
2021-11-30Set/Reset Deadline: Defendants shall answer or otherwise respond to the Complaint by 1/21/2022. (jth) (Entered: 11/30/2021)
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by FOIA Project Staff
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