June 2008

Information Bulletin 08-07
All Medicare Certified Providers
All Dually Medicare/Medicaid Certified Providers
CLIA - Laboratories

Release of Federal Documents by the Minnesota Department of Health (MDH), the State Survey Agency (SA)

Clarification from CMS to MDH

The Centers for Medicare and Medicaid Services (CMS) has clarified that under MDH’s Agreement with the Secretary, Health and Human Services under §1864 of the Social Security Act (§1864 Agreement) certain documents are directly releasable by MDH. This means that certain documents which MDH may have released in the past must be requested from CMS under the Freedom of Information Act (FOIA).

This clarification from CMS is addressed in CMS Administrative Information Memorandum 07-06 (pdf:49k/5 pages). This memo indicates which documents are releasable by the State Survey Agency. The Minnesota Department of Health is the State Survey Agency.

Freedom of Information Act (FOIA) Request

Requests for records that are not included on the list of documents that MDH may directly release should be requested from CMS under FOIA.

Details about FOIA requests, including a downloadable form that may be used to submit a request to CMS, are available on the CMS website at http://www.cms.hhs.gov/FOIA/.

If you have any additional questions about filing a request for documents on the direct release list, please contact Mary Cahill with MDH at 651-201-3701.

For information about filing a FOIA request with CMS, please contact Susan Hahn Reizner, CMS Region V FOIA Coordinator, at (312) 353-1504.

If you have any additional questions regarding this matter, please contact Melodye Hardy, Freedom of Information Officer, CMS, at (410) 786-5358.

Tuesday, 15-Mar-2011 08:45:20 CDT