Freedom of Information (FOI) Act

Home Provider Part A Medicare Areas

How to Request a FOIA:

Any person, for any reason, can make freedom of Information Act (FOIA) requests and a showing of relevancy is not required. The initial request must:

  • Be Written
  • Contain a reasonable description of the record
  • Contain the complete mailing address of the Requestor
  • Be signed by the Requestor
  • Note: a faxed or e-mail signature is acceptable.

All FOI requests should be addressed to:

Wisconsin Physician Services
Medicare Audit & Reimbursement
Attn: Mindy Chesnut, Cost Report Audit Supervisor
P.O. Box 1604
Omaha, NE 68101

To inquire about the status of an FOIA request, please contact Mindy Chesnut, Audit Supervisor at 1-866-734-9444 x8295 or Mindy.Chesnut@wpsic.com.

Releasable Documents

Fiscal Intermediaries have been granted the authority to release specific types of information to Requestors. The types of information directly releasable by an Intermediary under (FOIA) are:

  1. Cost Reports
    The Provider Questionnaire CMS Form 339 and the provider's working trial balances are not releasable by the fiscal intermediary.
  2. Budget Methodology (OBRA 87)
  3. DME Reimbursement Calculations (OBRA 87)
  4. All Policy Issuances - Program Memorandums, Carrier Letters, Transmittals
  5. Provider Cost Data Tapes
  6. Fee Schedules
  7. Lists: Medicare Contractors, Providers, Suppliers
  8. CMS Manuals ( < 50 pages only )
    More than 50 pages, refer Requestor to GPO
  9. Hospital Diagnostic Related Group (DRG) Reports
  10. Statistical Prospective Payment Data
  11. All Materials Listed in the FOIA Index
  12. Documents Addressing Medicare Coverage Issues
  13. Summary PS&R
  14. FOIA Requests Made by Other Requestors - Names Only, No Addresses or Telephone Numbers

The records may be available in various formats, i.e. hardcopy or electronic. FOIA does not require Intermediaries to create new records or documents. Only existing records or documents are covered by FOIA.

In the event a Requestor has requested records not on the Direct Release list (items 1-14 above) or the requested records contain information protected by the Privacy Act, the Intermediary will forward the request to the CMS Kansas City Regional Office for processing.

Charging of Fees

Search and Copy fees are charged based upon the category of the Requestor.  A fee for computer disks or compact disks may also be charged to the Requestor.

If the estimated cost of fulfilling a FOIA request is $250 or more, the Fiscal Intermediary is required to collect the fee prior to completing the request. The Requestor will be notified in writing of the total cost of the request. Please read the letter very carefully and follow the detailed instructions on remitting the amount due.  Once the check has been received for advance payment, the request will be fulfilled. If the Requestor does not respond within 30 days from the date of the letter, the FOIA request is to be considered rescinded.

If the total charges for the request are under $250, the Fiscal Intermediary will bill the Requestor at the time the request is fulfilled.

Timeline

The Fiscal Intermediary completes FOIA requests within 20 working days of the receipt of the request.  If a prepayment is required, for request > $250, the request will be completed within 20 working days of the receipt of payment.

We have also provided a link to CMS website for more information on Freedom of Information.

Page Last Updated: Wednesday, 31-Dec-2008 10:49:11 CST