The Freedom of Information Act (FOIA) is a law that gives you the right to access information from the federal government. It is often described as the law that keeps citizens in the know about their government.
My first experience with the FOIA was when I requested the results of the investigation of my complaint with DHSR. The Complaint was against Dr. Larry Joe Russell and Hendersonville Health and Rehabilitation. A SanStone Property.
I filled out the form on line and the next day received conformation that they had received my request. Three days later I received the same conformation letter in the mail. It took over one year to actually receive the information I requested that first time!
By the time I received the information, there was nothing I could do about all of the mistakes in the report. When I contacted the NCDHSR to request clarification, they said it had been too long since the complaint was filed. So basically I have no rights because it took them so long to answer my request. The system is set up to prevent the use of any NCDHSR results in a law suit or any other legal action. Basically they make you wait till there is absolutely nothing you can do. If we had the information when we started, we could have gotten quite a bit further with law enforcement. By the time we received the report, nobody wanted to hear it.
I have requested clarification from Todd Davis, the Western Regional Director of the NCDHSR, my request was denied, due to the time since the investigation. I then went the next step and contacted Beverly Speroff, the section chief of the NCDHSR. Again I was refused and informed that the time was the problem, and after subsequent investigations they could not issue a citation.
I wrote Ms. Speroff again and explained that I was not looking for a citation to be written. Again I simply wanted some clarification on parts of their report. The next communication was short and sweet. They refused all requests and informed me if I wanted to make another complaint I could call the hotline.
My brother and I also filed FOIA requests for other information from the CMS (Center for Medicare and Medicaid Services). It has been over a year and we are still being sent back and forth from one FOIA specialist to another. Robin Brooks, Michael S. Marquis, Garfield Daley, Danean Jones, TedDoolittle , Breita Gillard, Sherry Landtroop, Reg 04, Donna Mott, back to Danean Jones and now Edna Brady.
Ms. Brady responded to my email two weeks ago, she said she would call or email me by Friday July 11th. I never received any communication from Ms. Brady. I emailed her again as a reminder, and she responded that she would be in touch by Friday the 18th. It was no surprise that she failed to respond, again. I sent her another email today, and have not yet received any response.
How long does it take to get information from the FOIA? I guess it all depends on who is incriminated by the information you request. What are they trying to keep us from finding out? What right do they have to deny us the information we requested? Is FOIA keeping me "in the know about my government"? I'm more confused now than I was when this whole thing started, is the FOIA based on the discretion of the "information specialist".
Actually as I re read this, I think I may be starting to understand how the system works afterall. It doesn't. Plain and simple this group of people and agencies have no idea who has what. They cant even say they will release any information, or even if there is any thing to be released.
I have asked Ms. Brady twice to expedite the request due to the time since the actual request was made. As of now I have been lead to believe there is some information, but not sure they will release it. I guess this shows that Freedom Of Information is not always a promise, or that they actually have any information at all.
Its a good thing we have this Law like the FOIA, or we would never be able to understand how the government works!
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