Last Updated May 26, 1999
FOIA and PA OFFICER:
Phillip Brown
FOIA DISCLOSURE POLICY ADVISOR:
Melodye Hardy
Welcome to the Health Care Financing Administration's Division of Freedom of
Information and Privacy (DFOIP) Home Page.
The Division of Freedom of Information and Privacy (DFOIP), Office of Information Services, is
the HCFA central office component responsible for administering the Freedom of Information Act
(FOIA) and the Privacy Act (PA). DFOIP administers FOIA to afford requesters all of the rights
accorded to them by the law, including the right of access to any non-privileged agency record,
and to protect from inappropriate disclosure any agency record that may and should be withheld
under the statute. Regarding the Privacy Act, DFOIP furnishes technical assistance and policy
guidance to agency components to ensure the confidentiality of records that are subject to that
statute and to authorize legally permissible disclosures. For both Acts, DFOIP establishes
implementing policies and procedures, provides authoritative advice and guidance, receives and
processes FOIA requests for records and PA requests for opinions, oversees HCFA component
and Medicare contractor compliance to the statutes, and offers customer friendly service to
members of the public.
List of HCFA DFOIP contacts including: names, addresses, telephone numbers, fax numbers.
This report explains how to use the Freedom of Information Act and the Privacy Act of 1974. It
reflects all changes to the laws made since 1996. This Guide is intended to serve as a general
introduction to the Freedom of Information Act and the Privacy Act. It offers neither a
comprehensive explanation of the details of these acts, nor an analysis of case law. The Guide
will, however, enable those who are unfamiliar with the laws to understand the process and to
make a request. In addition, the complete text of each law is included in an appendix.
THE FREEDOM OF INFORMATION ACT
The Freedom of Information Act (FOIA), found in Title 5 of the United States Code, section 552,
was enacted in 1966 and provides that, upon request from any person, a Federal agency must
release any agency record unless that record falls within one of the nine statutory exemptions and
three exclusions. The FOIA binds only Federal agencies, and covers only records in the
possession and control of federal agencies.
This section provides instructions on obtaining records within HCFA's custody and control
through the Freedom of Information Act and several links to information and/or documents that
are useful to the requestor.
FOIA Reading Room
The FOIA reading room makes available for public inspection and copying specific agency policy
statements contained in Medicare Program Memoranda and administrative staff manuals that
affect the public, such as the Medicare Carriers Manual and the Medicare Intermediary Manual.
These records are available in both hard copy and electronic form. In addition, the agency's
reading room now has certain records that the public frequently requests under section (a)(3) of
FOIA.
The FOIA Reading Room is located in HCFA's library - 2nd Floor, Central Building, 7500
Security Boulevard in Baltimore, Md. Its hours of operation are Monday through Friday, 8:00
a.m. until 4:00 p.m. The telephone number is (410) 786-7804
HCFA's FOIA regulations are found at 42 C.F.R. 401, et. seq. These regulations are currently
being revised. HCFA is bound by the Department of Health and Human Services' FOIA
regulations at 45 C.F.R. Part 5.
FOIA Annual Reports
Freedom of Information Activities Annual Report
The 1998 annual report is available in the following formats:
1) Adobe Portable Document Format (PDF) - 13K
2) WordPerfect 6.1 Format - 20K
GILS contains information on government records kept by Federal agencies. The Department of
Health and Human Services (HHS) inventory of GILS records can be reached via the
Government Printing Office Access World Wide Web Internet site.
THE PRIVACY ACT
The Privacy Act of 1974, as amended at 5 U.S.C. 552a, protects records that can be retrieved
by personal identifiers such as a name, social security number, or other identifying number or
symbol. An individual is entitled to access to his or her records and to request correction of these
records if applicable. The Privacy Act prohibits disclosure of these records without written
individual consent unless one of the twelve disclosure exceptions enumerated in the Act applies.
These records are held in Privacy Act systems of records. A notice of any such system is
published in the Federal Register. These notices identify the legal authority for collecting and
storing the records, individuals about whom records will be collected, what kinds of information
will be collected, and how the records will be used. To find the entire list of contents of HCFA's
systems of records, click here. As with the FOIA, the Privacy Act binds only Federal agencies,
and covers only records in the possession and control of Federal agencies. Inquiries concerning
the Privacy Act should be directed to the Privacy Officer, Division of Freedom of Information and
Privacy (410) 786-5352.
How to Make a Privacy Act Request
Requests for Privacy Act records should be directed to the appropriate System Manager
of the system where the records are stored. This individual is identified in the system of
records notice. The notice also contains access and notification procedures.
Requests for HCFA requirements (policies and procedures) associated with disclosures
made under the Privacy Act may be directed to the Office of Information Services' Data
Disclosure Hotline at (410) 786-3690.
HCFA is bound by the Department of Health and Human Services' Privacy Act Regulations at 45
C.F.R. Part 5b.
LIST OF HCFA CENTRAL AND REGIONAL
OFFICE CONTACTS
Office of Information Services
Division of Freedom of Information and Privacy
7500 Security Boulevard
Room N2-20-16
Baltimore, Maryland 21244-1850
|
| Phillip Brown
|
| Melodye Hardy
|
|
|
| FOIA & PA Director
|
| FOIA Disclosure Policy Advisor
|
|
|
| 410-786-5352
|
| 410-786-5358
|
|
|
| Fax: 410-786-0474
|
| Fax:410-786-0474
|
|
| FOIA & PA Staff | Telephone Number | Fax Number | Location | Position
|
|---|
| Pat Alexander
| 410-786-3625
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Carleen Basso
| 410-786-5998
| 410-786-0474
| Baltimore, MD
| PRIVACY
|
| Mary Cichon
| 410-786-5355
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Desiree Bradley
| 410-786-2691
| 410-786-0474
| Baltimore, MD
| FOIP
|
| Sharon Davis
| 410-786-5359
| 410-786-0474
| Baltimore,MD
| FOIA
|
| Vendetta Dutton
| 410-786-3024
| 410-786-0474
| Baltimore,MD
| FOIA & PRIVACY
|
| Robert Horsey
| 410-786-5353
| 410-786-0474
| Baltimore, MD
| FOIA & PRIVACY
|
| Gloria Jones
| 410-786-5360
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Rowena Rice
| 410-786-5361
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Diana Robinson
| 410-786-0519
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Sam Seidman
| 410-786-3327
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Linda Sloan
| 410-786-5234
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Walter Stone
| 410-786-5357
| 410-786-0474
| Baltimore, MD
| PRIVACY
|
| Joe Tripline
| 410-786-5362
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Jean Ward
| 410-786-5356
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Jermaine Staggers
| 410-786-1958
| 410-786-0474
| Baltimore, MD
| FOIA
|
| Barbara Tatum
| 410-786-2693
| 410-786-0474
| Baltimore, MD
| FOIA
|
| REGIONAL OFFICE COORDINATORS
|
| Marie Alabiso
| 617-565-1238
| 617-565-3856
| Boston, MA
| RO/FOIA
|
| Lynne Testa
| 212-264-3379
| 212-264-2580
| New York, NY
| RO/FOIA
|
| Maureen Goetz
| 215-596-1351
| 215-596-4155
| Philadelpia. PA
| RO/FOIA
|
| Pam Miller
| 404-562-7171
| 404-562-7166
| Atlanta, GA
| RO/FOIA
|
| David Allen
| 312-886-5202
| 312-353-2852
| Chicago, IL
| RO/FOIA
|
| Ann Burleson
| 214-767-4453
| 214-767-6400
| Dallas, TX
| RO/FOIA
|
| Cal Taylor
| 816-426-6409
X3223
| 816-426-6769
| Kansas City, MO
| RO/FOIA
|
| Christina Mullins
| 303-844-2121
X341
| 303-844-3753
| Denver, CO
| RO/FOIA
|
| Linda Barnhart
| 415-744-3510
| 415-744-3517
| San Francisco, CA
| RO/FOIA
|
| Debra Hinckley
| 206-615-2415
| 206-615-2363
| Seattle, WA
| RO/FOIA
|
How to Make a FOIA Request
Any individual may submit a FOIA request to HCFA by mail, fax or in person. The request must
be in writing. We will accept no telephone or E-mail requests.
Making a written FOIA request by mail is easy. You need no form. Mark both the envelope and
its contents: "FREEDOM OF INFORMATION ACT REQUEST." Do not include a return
envelope. Address your request to:
Health Care Financing Administration
Office of Information Services
Division of Freedom of Information and Privacy
Room N2-20-16
7500 Security Boulevard
Baltimore, Maryland 21244-1850
You may also address your request to any of our ten HCFA Regional Offices or to our Medicare
intermediaries and carriers.
Within your request, identify the record(s) that you want. If you do not know the exact title of
the record(s), you should provide a reasonable description of the record. The more details that
you can provide about the record, such as its author, date, subject matter and location, if you
know them, the better. Not having a good description could delay our response or prevent us
from finding the records you want. We may ask you to clarify your request if we need more
information to find the record(s). DFOIP staff will log your request and assign a tracking number
to it. The tracking number assigned is important to you as a requester because, it will enable us to check the status of your request.
We have included a link to the HCFA FOIA Contacts List, along with their telephone and fax
numbers. In addition, there is a link to HCFA's Homepage,
and the Government Information Locator System (GILS). These links give you the capability
of finding information throughout the agency that is available to the public without going through
the FOIA.
FOIA Fees
FOIA authorizes us to assess the following three levels of fees: search fees, review fees
and photocopying fees. The fees that we assess for a given request, however, are based
upon the category of FOIA requester.
Fee Categories:
For fee purposes, the FOIA requires that requesters be placed in one of the following
three categories: (1) commercial use requesters; (2) educational and scientific institutions
and news media, and (3) all others. In line with FOIA, we charge commercial use
requesters the costs of search, review and duplication, associated with processing their
requests. We charge scientific, educational, and news media requesters the cost of
duplication only, except that we provide the first 100 pages free of charge. We charge all
other requesters the costs of search and duplication, except that the first two hours of
search and the first 100 pages of duplications are free of charge.
We assume that you are willing to pay the fees we charge for processing your request.
In your letter of request, you may specify the fee category in which you feel your request
falls. You also may state the maximum amount of fees that you are willing to pay, or
include a request for a fee waiver.
FEE WAIVERS
The FOIA permits agencies to waive fees if disclosure of the record(s) is in the public
interest because it: (a) is likely to contribute significantly to public understanding of the
operations or activities of the government and (b) is not primarily in the commercial
interest of the requester.
If you believe that your request meets both of the above tests, you can request a waiver or
reduction of fees when you make your FOIA request. You must fully document and
justify your waiver request by written explanation.
How We Process Your Request
We try to handle your request within 20 working days from the date we receive it. Sometimes it
may take us longer depending on the kind of record you request and how much other work we
have. When we have a backlog of FOIA requests, we process them on a "first in" "first out"
basis. The guidelines we follow in processing your FOIA request are detailed in our December13, 1990 Federal Register Notice.
Expedited Process
We provide expedited processing when we find that disclosure of the records is necessary
because of a compelling need. This is the case when the requester: (1) demonstrates an
imminent threat to life or physical safety; and (2) is a member of the media and
demonstrates urgency to inform the public concerning actual or alleged government
activity. We also will expedite your request if you show that the requested records are
needed to meet a deadline in litigation or a deadline imposed by a governmental agency
for commenting on a proposed regulation.
If you think that we should expedite your request, please explain your reasons fully in
your FOIA request.
Denials and Appeals
If we decide to withhold a record from you, in whole or in part, we will provide written
notification to you of this decision. We will explain our reason(s) for withholding the
record/information and describe how you may file an appeal. Any administrative appeal
decision that upholds a denial will inform you of the basis for the denial and of your right
to judicial review in federal courts.
How to Make A Privacy Act Request
If you are requesting your own record(s), we will process your request under the Privacy Act
instead of under the FOIA. If you are requesting another person's records, you need the person's
written consent to disclose them to you. In these cases, send your request, with the signed
consent, to the Privacy Officer at the above address. The consent must adhere to the following
criteria:
- The consent must be in writing, signed by the Medicare beneficiary and dated;
- The consent must be directed to the Health Care Financing Administration and the responsible Medicare contractor (s);
- The consent must specify what information is to be disclosed with some particularity (e.g., Part B claims records for the period July 1990 through December 1990), but need not list each claim number or the name of every provider;
- The consent must specify the individual, organization or class of individuals or organizations to which the record may be disclosed;
- The consent should specify a time frame during which the record may be disclosed (e.g., one year from the date the statement was executed). If no time frame is given, we must assume that the consent is for a one-time-only disclosure; and
- The consent should be presented within a reasonable length of time after its execution. If there is reason to believe that the consent is not timely, Medicare contractor staff should verify the consent with the consenting beneficiary (e.g., the contractor should contact the beneficiary if the authorization was executed more than 90 days prior, where medical records are involved, or more than one year earlier, where only non-medical records are sought).
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Last Updated May 26, 1999
