Crossroads GPS HHS PHS Act Section 2711 Waivers FOIA Request


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January 7,2011

BY FACSIMILE - (202) 690-8320

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 ofInformation 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 by HHS's Office of Consumer Information and Insurance Oversight:

  1. Any and all memoranda, guidance, directives, instructions and other documents -whether electronic or written and whether distributed internally or externally - relating to the criteria to be applied by HHS in deciding whether to grant or deny applications for waiver of the annual limit requirements of the Public Health Services Act (the "PHS Act") Section 2711.
  2. Any and all memoranda, notes, letters and other documents - whether electronic or written and whether distributed internally or externally - relating to the approval, denial or consideration of applications for waiver of the annual limit requirements of PHS Act Section 2711 by an applicant with 1,000 or more enrollees, including but not limited to any letters submitted to HHS in support of or against waiver, such as any letters submitted by members of the United States Congress, state officials or local officials.

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) 739-5617 if the cost will exceed $300.

Your prompt attention to this matter is appreciated. Please contact me as soon as possible at (202) 739-5617 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,

Simon J. Torres