"We share a common mission to promote transparency in government."
American Oversight, in its numerous EMails to the Florida Department of Education, starting on May 4, 2022.
(The Florida Supreme Court / 920 Inside Florida)
American Oversight is a nonprofit group that made more than eight (8) requests for public access to non-exempt public records held by the Florida Department of Education. They made more requests than that, but they sued the DOE for not complying with respect to those 8 under the Florida Constitution and Florida's Public Records Act. Here is their complaint: Download American Oversight v. Florida Dep't of Education Complaint to Enforce Public Records Act filed March 16 2023 (2d Jud. Cir. Leon County Fla.).
American Oversight's public records requests are attached as Exhibits to their Complaint and you can read them for yourself.
They got fed up, apparently, and complained about DOE's business model of "a demonstrated history of delayed responses to American Oversight's public records requests." Id. at 6 n.7. So they sued for better access, or in many cases access in the first place, to the public records they requested on May 4, 2022; January 12, 2023, and February 15, 2023. They sent follow up EMails on their earlier requests on January 25, 2023 and got crickets, nothing, Nada, Radio Silence from the current Florida Department of Education. Finally, they repeated their public records requests (and may have added some) when they sent their public records request on February 15, 2023. "To date, DOE has failed to produce a single record that is responsive to any of the eight requests at issue in this Complaint." Id. at 20, ¶ 5.
Regardless of how the American Oversight v. Fla. Dep't of Education lawsuit turns out, in a decision cited in the Complaint (id. at 20), the Florida Supreme Court previously held:
The only challenge permitted by the Act at the time a request for records is made is the assertion of a statutory exemption pursuant to section 119.07. The only person with the power to raise such a challenge is the custodian.
Tribune Co. v. Cannella, 458 So. 2d 1075, 1078-79 (Fla. 1984). There is of course no statutory exemption pursuant to section 119.07 here, parenthetically, and of course there has been no challenge here, allegedly just delay and silence and incomplete responses.
Further, the law has been clear for nearly 40 years, at least until the 2023 Florida DOE came along, that it is up to the Florida Legislature to exempt records from public disclosure, not the DOE (or anyone else):
The legislature has placed the books on the table; only it has the power to alter that situation.
We therefore hold that the legislative scheme of the Public Records Act has preempted the law relating to any delay in producing records for inspection. The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt.
Tribune Co., 458 So. 2d at 1079 (emphasis added).
Again, regardless of how the American Oversight v. Fla. Dep't of Education case may be decided, there is a question for Florida's chief law enforcement officer, the Attorney General of the State of Florida: Is the Florida Supreme Court's decision still the law of Florida? Or in your judgment, General Ashley Moody, does the Florida DOE -- or anyone else -- now have the power to alter that situation?
On this last day of Sunshine Week, this article will be published both on Claims and Issues Blog and on Claims and Bad Faith Law Blog.
Please read the disclaimer. ©2023 Dennis J. Wall. All rights reserved.
POWERCHAIRS, MEDICARE, AND YOU.
The Centers for Medicare and Medicaid Services has published a proposed decision to expand Medicare. They want to cover power seat elevation equipment in Powerchairs (Power Wheelchairs) for the wheelchair users that need it the most. Medicare calls this group, Group 3, and they are looking for your Comments on their proposed decision -- and also on whether to expand Medicare to provide the same benefit to wheelchair users who are a little better off, which CMS calls Group 2. (I know, the acronym should be CMMS rather than CMS, but you and I didn't invent it, so there you are.)
CMS's deadline for your Comments on these things is St. Patrick's Day, 2023, which as you know is tomorrow!
This being the federal government and Congress being what it was (and is), the Medicare people have to meet standards before they can expand Medicare coverage. The overarching standards are that the extended coverage is reasonable and necessary. First and foremost, that is what CMS is asking your Comments to address.
For this particular extension of Medicare to cover power seat elevation equipment, CMS is proposing to extend coverage when both of two things exist: (1) wheelchair transfers do damage to the wheelchair user's body (arms, shoulders) when she transfers from the wheelchair to anyplace else at home, and (2) the reasonable necessity if you will to elevate the chair is established in a specialty evaluation by a medical specialist trained in wheelchair uses especially in the home such as a Physical Therapist or an Occupational Therapist.
Finally, they are looking for Comments from anyone affected by the ability of wheelchair users to raise their powerchair seats, including family members, physicians, therapists, the users themselves, and more. It's simple and easy to leave your Comment: Just write about "reasonable and necessary" and be sure to address (1) and (2) that I have summarized above.
The CMS Press Release explaining its proposed decision is here, https://www.cms.gov/newsroom/press-releases/cms-proposes-benefit-expansion-mobility-devices-advancing-health-equity-people-disabilities.
The portal to enter and leave your Comment is here, https://www.cms.gov/medicare-coverage-database/view/nca.aspx?NCAId=309, just click the blue button that says Submit Public Comment.
Please read the disclaimer. ©2023 Dennis J. Wall. All rights reserved.
Posted by Dennis J. Wall on March 16, 2023 at 11:08 AM in Comments on proposed changes to regs and rules, Disabled and Disabilities | Permalink | Comments (0)