VRA Enterprises, LLC v. Ctr. for Medicare & Medicaid Servs., No. 23-02474, 2024 WL 1907400 (M.D. Fla. May 1, 2024) (Jung, J.)
Date
VRA Enterprises, LLC v. Ctr. for Medicare & Medicaid Servs., No. 23-02474, 2024 WL 1907400 (M.D. Fla. May 1, 2024) (Jung, J.)
Re: Request for records concerning reimbursement of plaintiff for Covid-19 test kits
Disposition: Denying defendants’ motion to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court finds that “OIG’s letter did not trigger the administrative exhaustion requirement.” The court relates that “Plaintiff represents, and Defendants do not contest, that responses were due on October 26, 2023.” “OIG responded to Plaintiff’s request with a letter informing Plaintiff that it does not maintain the records Plaintiff seeks.” “The letter further explained that OIG forwarded Plaintiff’s request to [the Center for Medicare and Medicaid Services (“CMS”)] and included the contact information for CMS’s FOIA office.” “The letter is dated October 17, 2023.” “In its Motion, OIG asserts that this letter was a timely response to Plaintiff’s request, requiring Plaintiff to exhaust its administrative remedies before filing suit.” However, “OIG’s letter to Plaintiff did not notify Plaintiff of its right to seek assistance from the OIG FOIA Public Liaison – or, for that matter, the CMS FOIA Public Liaison.” “As a result, OIG’s letter did not comply with the statute, and therefore it did not trigger actual exhaustion.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Exhaustion of Administrative Remedies
Updated May 29, 2024