No. 09-cv-672 (D.Conn.), filed April 24, 2009

Updated: September 22, 2009

Issue: Whether a request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, about the possible failure of Part D plans to reimburse LIS beneficiaries for premium payments for which they were not responsible, had to be answered in a timely fashion.

Relief sought:  Full and timely responses to plaintiff’s FOIA request.

Status: Plaintiff had sought information from CMS about a payment of $123.2 million that CMS had made to Part D plans to provide retroactive premium coverage for low income beneficiaries enrolled in Part D.  There had been an indication in a GAO Report that some significant portion of this amount was never actually refunded to the beneficiaries.  CMS acknowledged receipt of the request but gave no indication of when it would provide the information.  Plaintiff filed a complaint in April and moved for summary judgment in June.  Defendant cross-moved to stay the case until December 31, 2009 on the ground that it would be providing the information on a rolling basis once a month.  CMS has produced no further documents after a small production in early July.  The cross-motions are pending.