Nat'l Senior Citizens Law Cen. v. U.S. DHHS

No. 1:04-cv-00226-ESH (D. D.C. filed, Feb. 2004) ; Clearinghouse Number: 55577

Description

National Senior Citizens Law Center Asks District Court to Order CMS to Respond to Request for Records Under Freedom of Information Act

Abstract

Plaintiff National Senior Citizens Law Center filed in federal court a complaint seeking declaratory and injunctive relief against the U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS). Plaintiff alleges that defendant violated the Freedom of Information Act, 5 U.S.C. § 552, by failing to respond to plaintiff’s request for agency records. Plaintiff alleges that defendant adopted a regulation that changed its long-standing interpretation of federal law (42 U.S.C. §§ 1395i-3(b)(5)(F), 1396r(b)(5)(f)) requiring nursing or “nursing-related” work in nursing facilities to be performed by licensed health professionals or certified nurse aides. The new regulation allows nursing facilities to employ “single-task workers” trained to perform only one function, such as feeding residents. Plaintiff alleges that, by a letter to CMS dated August 12, 2003, plaintiff sought documents related to nursing facilities’ use of single-task workers and that, despite four follow-up telephone calls and a follow-up letter in January 2004, defendant has failed to respond.

Additional Information

Attorney Information
Plaintiff represented by Toby S. Edelman, Patricia Nemore, Center for Medicare Advocacy, Inc., 1101 Vermont Ave., N.W., Suite 1001, Washington, D.C. 20005 (202.216.0028); Edward C. King, Gene Coffey, National Senior Citizens Law Center, 1101 14th St., N.W., Suite 400, Washington, D.C. 20005; Gill Deford, Judith A. Stein, Center for Medicare Advocacy, Inc., P.O. Box 350, Willimantic, CT 06226
Docket Date
2004-02-01 00:00:00+00:00

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