CMS Investigative File
| Tracking # |
102620237074 |
| Submitted | Oct. 17, 2023 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Samantha Liss
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
The complete investigative case file related to the deficiencies documented at Holston Valley Medical Center, Kingsport, Tennessee, on March 10, 2020, the survey completion date for EventID: O07B11. The investigation stems from complaint #50499 following the death of an unnamed patient who was admitted Nov. 9, 2019 after a motor vehicle crash and later died at the hospital (Facility ID: TNP531133) on Nov. 11, 2019. Please use the attached CMS-2567 form to aid in the production of the complete investigative file.
This file may include but is not limited to: emails, written notes, video and audio recordings, copies of documents reviewed, transcripts of interviews and 911 calls, and settlements.
I’m requesting expedited processing due to a “compelling need” for the public, particularly the residents of northeast Tennessee, to know about this hospital’s quality.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Samantha Liss
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Good afternoon,
Please view the attached document regarding your Freedom of Information Act (FOIA) request for records pertaining to Holston Valley Medical Center.
Respectfully,
Kenyetta Stringfellow
Government Information Specialist
Freedom of Information Group
Office of Strategic Operations and Regulatory Affairs
Centers for Medicare & Medicaid Services
E-mail: kenyetta.stringfellow@cms.hhs.gov
Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Good afternoon,
We are processing your request. Currently, your request is still pending search for the requested documents. If you would like, you can check the status of your request at the website https://foia-request.cms.gov/check-status using the control number and PIN at the top of your acknowledgment letter. Once the status has changed, the message on the website will be updated. You can also feel free to contact me if you have any additional questions regarding the status of this request. Thank you.
Sincerely,
Kenyetta Stringfellow
Government Information Specialist
Freedom of Information Group
Office of Strategic Operations and Regulatory Affairs
Centers for Medicare & Medicaid Services
E-mail: kenyetta.stringfellow@cms.hhs.gov
Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Greetings,
Both request have an estimated date of completion for June 12, 2024
Regards,
Spencer Christian
Technical Advisor
Department of Health & Human Services
Centers for Medicare & Medicaid Services
Office of Strategic Operations and Regulatory Affairs (OSORA)
Freedom of Information Group
Division of FOIA Analysis-A
CMS iPhone: (443)-685-4418
***CONFIDENTIALITY NOTICE***
This document contains information protected by the Privacy Act, 5 USC 552(a), and must be protected from unauthorized disclosure. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Disclosure without additional consent from sender or as permitted by law is prohibited. If you have received this in error, please notify the sender and destroy any copies immediately.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. You had previously indicated that it would be completed on June 12, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. You had previously indicated that it would be completed on June 12, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. You had previously indicated that it would be completed on June 12, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Good evening,
This office is presently conducting a review of our pending Freedom of Information Act (FOIA) requests to ascertain if the requested information for the above referenced FOIA case is still desired. We apologize for the delay in responding to your request. However, because of the increasing number of requests received by the Centers for Medicare & Medicaid Services (CMS), we found it necessary to adopt the ruling in the case of Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976) and exercise due diligence by following a first-in, first-out FOIA processing.
If you are still interested in receiving the documents, please respond to this email, and we will complete the processing of your request. If we have not received your response within 30 working days from the date of this email, we will assume you are no longer interested in receiving the documents and the case will be administratively closed. Thank you in advance for your time and consideration on this matter.
Jason Mastropaolo
Jason Mastropaolo
Technical Advisor
Division of FOIA Analysis -A
Freedom of Information Group
Office of Strategic Operations and Regulatory Affairs
Centers for Medicare & Medicaid Services
E-mail: jason.mastropaolo1@cms.hhs.gov<mailto:jason.mastropaolo1@cms.hhs.gov>
Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>
From: Samantha Liss
Yes, I'm still interested in receiving the records I requested from CMS on Oct. 17, 2023.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. You had previously indicated that it would be completed on June 12, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Good morning,
You have no authorization for this request, correct? Just as an FYI most of these documents are going to be withheld in full. With that being said, requests are processed in the order they’re received. You case has yet to be assigned to an analyst. Once it is assigned to an analyst they will reach out to you with a estimated time of completion.
From: Samantha Liss
Authorization from whom?
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
You’re asking for documents pertaining to a complaint. Any PII or documents related to surveys, ACTS, complaints, medical records that contain PII are protected under the FOIA.
From: Samantha Liss
We have been in touch with the family and they have authorized details for a prior story we wrote.
What documentation would you need me to get from the family.
This individual is now deceased.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
From: requests@muckrock.com <requests@muckrock.com>
Sent: Monday, September 16, 2024 5:08 PM
To: Mastropaolo, Jason (CMS/OSORA) <Jason.Mastropaolo1@cms.hhs.gov>
Subject: RE: Freedom of Information Act Request #102620237074
Department of Health and Human Services, Centers for Medicare & Medicaid Services
FOIA Office
Mail Stop C4-26-05
7500 Security Blvd.
Baltimore, MD 21244-1850
September 16, 2024
This is a follow up to request number 102620237074:
We have been in touch with the family and they have authorized details for a prior story we wrote.
What documentation would you need me to get from the family.
This individual is now deceased.
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 153441
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Sept. 16, 2024:
Subject: RE: Freedom of Information Act Request #102620237074
You’re asking for documents pertaining to a complaint. Any PII or documents related to surveys, ACTS, complaints, medical records that contain PII are protected under the FOIA.
---
On Sept. 16, 2024:
Subject: RE: Freedom of Information Act Request #102620237074
Authorization from whom?
---
On Sept. 16, 2024:
Subject: RE: Freedom of Information Act Request #102620237074
Good morning,
You have no authorization for this request, correct? Just as an FYI most of these documents are going to be withheld in full. With that being said, requests are processed in the order they’re received. You case has yet to be assigned to an analyst. Once it is assigned to an analyst they will reach out to you with a estimated time of completion.
---
On Aug. 15, 2024:
Subject: RE: Freedom of Information Act Request #102620237074
Yes, I'm still interested in receiving the records I requested from CMS on Oct. 17, 2023.
---
On Aug. 14, 2024:
Subject: FOIA-102620237074
Good evening,
This office is presently conducting a review of our pending Freedom of Information Act (FOIA) requests to ascertain if the requested information for the above referenced FOIA case is still desired. We apologize for the delay in responding to your request. However, because of the increasing number of requests received by the Centers for Medicare & Medicaid Services (CMS), we found it necessary to adopt the ruling in the case of Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976) and exercise due diligence by following a first-in, first-out FOIA processing.
If you are still interested in receiving the documents, please respond to this email, and we will complete the processing of your request. If we have not received your response within 30 working days from the date of this email, we will assume you are no longer interested in receiving the documents and the case will be administratively closed. Thank you in advance for your time and consideration on this matter.
Jason Mastropaolo
Jason Mastropaolo
Technical Advisor
Division of FOIA Analysis -A
Freedom of Information Group
Office of Strategic Operations and Regulatory Affairs
Centers for Medicare & Medicaid Services
E-mail: jason.mastropaolo1@cms.hhs.gov<mailto:jason.mastropaolo1@cms.hhs.gov<mailto:jason.mastropaolo1@cms.hhs.gov%3cmailto:jason.mastropaolo1@cms.hhs.gov>>
Looking to request Medicare claim records? Check out our Medicare Beneficiary Claims Portal<https://foia-request.cms.gov/>
Looking to file a FOIA request? Check out our FOIA.gov Portal<https://www.foia.gov/request/agency-component/e07b59b9-db3b-4611-898d-23b42f7ead8d/>
Need more help? Check out our CMS FOIA Service Center<https://www.cms.gov/freedom-information-act-foia-service-center>
---
On Oct. 17, 2023:
Subject: Freedom of Information Act Request: CMS Investigative File
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
The complete investigative case file related to the deficiencies documented at Holston Valley Medical Center, Kingsport, Tennessee, on March 10, 2020, the survey completion date for EventID: O07B11. The investigation stems from complaint #50499 following the death of an unnamed patient who was admitted Nov. 9, 2019 after a motor vehicle crash and later died at the hospital (Facility ID: TNP531133) on Nov. 11, 2019. Please use the attached CMS-2567 form to aid in the production of the complete investigative file.
This file may include but is not limited to: emails, written notes, video and audio recordings, copies of documents reviewed, transcripts of interviews and 911 calls, and settlements.
I’m requesting expedited processing due to a “compelling need” for the public, particularly the residents of northeast Tennessee, to know about this hospital’s quality.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Samantha Liss
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 153441
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
From: Samantha Liss
Hello,
I'm in the process of obtaining authorization from the family via the documents you sent earlier. As you noted, these records will contain in personal health information of the deceased individual. How do you plan to send these documents?
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. You had previously indicated that it would be completed on June 12, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Good day Ms. Liss,
Here is a letter in response to your Freedom of information request. In a moment you will receive the results through our BOX software. I'm attaching a free copy of this software in case you don't already have it. It works great for larger documents.
From:
Sign Up: https://cmsbox.account.box.com/signup/collab/gm1upfjxax?box_source=legacy-external_collab_email&box_action=click_button
Michele Stickell invited you to collaborate on:
102620237074
"Good day Samantha, Please find the attached in response to your freedom of information request, mentioned in my message a few moments ago on 10/25/2024." – Michele Stickell
Accept Invite: https://cmsbox.account.box.com/signup/collab/gm1upfjxax?box_source=legacy-external_collab_email&box_action=click_button
To receive access to your shared documents, and to start securely storing and collaborating on all of your content, please create a free Box account. This free account comes with 10 GB of storage to:
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From: Samantha Liss
Hi,
Thanks so much for your help with this request. I just created a box account using my email, samanthal@kff.org.
Sincerely,
Samantha Liss
From: Samantha Liss
Hello,
I have yet to see the files come through my Box account. Please advise.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Thank you. I will resend to the email that you just provided on Saturday 10/26/24. Sorry for the delay.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2023. You had previously indicated that it would be completed on June 12, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #102620237074.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services, Centers for Medicare & Medicaid Services
Michele Stickell wants to work with you on 102620237074 Redacted v2.pdf
102620237074 Redacted v2.pdf: https://cmsbox.box.com/file/1682643275141?box_source=legacy-notify_existing_collab_file&box_action=go_to_item
"Trying this email as well. I'm so sorry you didn't get this earlier."
https://cmsbox.box.com/file/1682643275141?box_source=legacy-notify_existing_collab_file&box_action=go_to_item
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