AUGUST 11, 2014
On August 8, 2014, Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Health and Human Services (HHS) seeking the production of agency records concerning healthcare.gov.
The lawsuit was filed on behalf of Sharyl Attkisson in accordance with four June 17, 2014, FOIA requests calling for the following:
- All materials, communications, emails and/or documents in which HHS Secretary Kathleen Sebelius and/or CMS Administrator Marilyn Tavenner is copies and/or a party to, which mention and/or refer to, whether directly or indirectly, enrollment figures regarding healthcare.gov, FMM, and/or state exchanges. This request includes, but is not limited to, actual enrollment data; any decision(s) related to whether to not and/or when to make the information public; the decisions(s) and/or discussions about waiting until November of 2013 to make the information public; and talking points or communications regarding public statements and/or preparation for Congressional testimony.
- All communications, whether written or otherwise recorded, including but not limited to: emails, memos, report and phone records that mention, pertain to, or otherwise refer to, whether directly or indirectly, tests and/or assessments of any sort surrounding the Federally Facilitated Marketplace, healthcare.gov, the Data Hub, or any other component related to the Affordable Care Act. This includes, but is not limited to, performance tests, security tests and functionality tests. The scope of this request is limited to the time period from June 1, 2013 to present.
- All communications, whether written or otherwise recorded, including but not limited to: emails, memos, report and phone records that mention, pertain to, or otherwise refer to, whether directly or indirectly, performance tests and or assessments and/or their results conducted regarding healthcare.gov between September 15, 2013 and September 30, 2013. This request includes, but is not limited to, tests in which CMS employees took part as mock users trying out the website prior to its launch.
- All emails, records, documents and other communications, whether written or otherwise recorded, regarding FOIA requests made about healthcare.gov, whether by name or implication, in which the following CMS officials are a sender and/or receiver and/or a party to and/or mentioned, whether by name or implication: Janis Nero; Joseph Tripline; Deborah Peters, Vendetta Dutton; and Danean Jones. Please note the records request is specifically for communications dating from May 12, 2014 to present.
Official Legal DocumentsLawsuit: Sharyl Attkisson v U.S. Department of Health and Human Services
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