View source for Communications related to Crossroads GPS HHS PHS Act Section 2711 Waivers FOIA Request

September 9, 2011

Mr. Robert Eckert

Freedom of Information Officer

United States Department of Health and Human Services FOIA Office

Mary E. Switzer Building, Room 2221

330 C Street, S.W.

Washington, D.C.  20201

Re:	Freedom of Information Act Request

Dear Mr. Eckert:

Pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et. seq., as amended, we respectfully request the following documents from files maintained by the United States Department of Health and Human Services (“HHS”), including but not limited to files maintained: (i)  by HHS’s Center for Medicaid and Medicare Services (CMS); (ii) the Office of HHS Secretary Kathleen Sebelius; (iii) HHS’s Office of the General Counsel, and (iv) the Office of HHS White House liaison; (v) the Office of HHS Legislation; (vi) any FOIA officers and any other individuals who worked on, processed or otherwise had any involvement in handling the January 7, 2011 FOIA request of Simon J. Torres, Esq., (Internal Case No. 2011-0401GD):

#Any and all documents, letters, correspondence, meeting notes, emails, schedules, memoranda, guidance, directives and instructions – whether electronic or written – to or from anyone in HHS or any other part of the Executive Branch, including, but not limited to, any non-career officials at HHS, the Office of the President of the United States of America, the Office of the Vice President of the United States of America, and the Office of Management and Budget related in any way to the January 7, 2011 FOIA request of Simon J. Torres, Esq. (Internal Case No. 2011-0401GD; see attached) and the response to said FOIA request by HHS or any component thereof.
#Any and all documents, correspondence, meeting notes, emails, schedules, memoranda, guidance, directives and instructions – whether electronic or written – to or from any individual or organization outside the Executive Branch, including, but not limited to, any member or office of the United States Congress related in any way to the January 7, 2011 FOIA request of Simon J. Torres, Esq. (Internal Case No. 2011-0401GD; see attached) and the response to said FOIA request by HHS or any component thereof.

Please note that we are not seeking in this FOIA request:  (i) the underlying documents sought in the January 7, 2011 FOIA request of Simon J. Torres nor (ii) any communications between HHS and the United States Department of Justice concerning legal advice regarding Case 1:11-cv-
00601-RWR, TORRES v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.  We are merely seeking any all information concerning the processing, handling and response to the FOIA request.
As required by FOIA, please provide redacted copies of documents if the document contains some information which is subject to a FOIA exemption.  If any documents are fully withheld based on a FOIA exemption, please explain the basis of such full withholding.  We will assume financial responsibility for all necessary charges incurred, including costs of the search and duplication of files.  Please contact me in advance at (202) 559-6428 if the cost will exceed $300.

Your prompt attention to this matter is appreciated.  Please contact me as soon as possible at (202) 559-6428 if you are unable to fully process and respond to this request within the twenty (20) day response period provided for by the FOIA or if you have any questions related to this request.  Although we believe our response is very narrowly targeted so that a full response can be provided in the 20-day response period, if some but not all of the requested documents cannot be provided in the 20-day response period, please provide a partial response with those documents that are available.  Thank you in advance for your assistance.

Respectfully submitted,


Steven J. Law