Month: September 2024

Source: United States Department of Justice

The Justice Department announced today that it has filed a proposed consent decree with Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP), to resolve its lawsuit alleging that the eye care practices violated the Americans with Disabilities Act. The lawsuit alleged that BDP and AVP refused to operate on certain patients who needed assistance transferring from their wheelchairs for surgery and required other such patients to pay for third-party medical transport and transfer assistance. Medical providers routinely offer this type of assistance to patients who need help transferring from a wheelchair to an examination or surgical table for surgery and exams.

“The Americans with Disabilities Act requires health care providers to offer equal access to their services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Patients with disabilities must not be denied crucial medical services or forced to pay surcharges because they need transfer assistance. The Justice Department is fully committed to protecting the civil rights of individuals with disabilities to get the medical care they need.” 

“This agreement reflects an important step in obtaining equal access to health care services for Arizonans with disabilities,” said U.S. Attorney Gary Restaino for the District of Arizona. “The U.S. Attorney’s Office will continue to work closely with the Civil Rights Division to ensure that all Arizonans are afforded equal opportunity to access health care services in our state.”

Under the decree, BDP and AVP will end their policies of denying surgery and prohibiting staff from providing transfer assistance to people with mobility disabilities. BDP operates eye care facilities throughout Arizona, and AVP, one of the largest eye care practice management organizations in the country, partners with eye care providers in Arizona, New Mexico, Nevada and Texas, including BDP, Southwestern Eye Center, M & M Eye Institute, Retinol Consultants of Arizona, Abrams Eye Institute, Southwest Eye Institute, Aiello Eye Institute, Havasu Eye Center, Visage Aesthetics and Plastic Surgery and Moretsky Cassidy Vision Correction. These eye care providers will also train staff on the new policy requirements and on safe transfer techniques, and pay $950,000 to patients and prospective patients who were harmed by its policies and a civil penalty of $50,000.

For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.

Source: United States Department of Justice Criminal Division

Attorney General Merrick B. Garland announced the appointment of a former career Justice Department prosecutor and former U.S. Attorney for the District of Maryland Robert K. Hur to serve as special counsel to conduct the investigation of matters that were the subject of the initial investigation by U.S. Attorney John R. Lausch Jr. related to the possible unauthorized removal and retention of classified documents or other records discovered at the Penn Biden Center for Diplomacy and Global Engagement and the Wilmington, Delaware, private residence of President Joseph R. Biden Jr.

Related:

Appointment of a Special Counsel

Statement of Special Counsel Robert K. Hur

Attorney General Merrick B. Garland Delivers Remarks on the Appointment of a Special Counsel

Source: United States Department of Justice 2

UPDATE: This post has been updated with details regarding the livestream of this event.

The next meeting of the Chief FOIA Officers Council will be held on Thursday, September 15, 2016.  At this meeting, OIP will brief the Council on the feedback received from agencies on the “Release to One is a Release to All” presumption and will provide journalists an opportunity to share their views on the presumption.  The meeting will be held at:

This meeting will be open to the public, and time will be provided for members of the public to address the Council.  If you would like to address the Council at the meeting, either as a journalist or a member of the public, please request this in your registration email.  Written comments pertaining to the “Release to All” presumption policy may be submitted to ReleaseToAll@usdoj.gov. While the “release to one is a release to all” presumption is the first topic being considered by the Council, the Director of OIP will also provide an update on the consolidated FOIA portal in anticipation of further engagement with the Council on that topic.

For security purposes registration for this meeting is required.  Please email DOJ.OIP.FOIA@usdoj.gov with the subject line “CFO Council Meeting – Public” by 5:00 PM on September 7, 2016. This meeting will also be livestreamed at https://meet.gsa.gov/foiacfomeetingsept2016/. To view this livestream, please visit the URL and select “Enter as a Guest;” you will be prompted to provide your name and then select “Enter Room.”

Source: United States Department of Justice 2

OIP is pleased to announce the launch of a new page on its website dedicated to the work of the Chief FOIA Officer (CFO) Council. Recently established by the FOIA Improvement Act of 2016, the CFO Council is composed of all agency CFOs, plus the Deputy Director for Management from the Office of Management and Budget (OMB), and is co-chaired by the Directors of OIP and the Office of Government Information Services (OGIS). In fulfilling its responsibilities, the Council will meet regularly to develop recommendations for increasing FOIA compliance and efficiency, disseminating information about agency experiences and best practices, and working on initiatives that will increase transparency. Agencies and the public can access resources related to the work of the Council, including agendas and meeting minutes from past meetings as well as details on future meetings, on this dedicated page.    

As highlighted on FOIA Post, last month the CFO Council held its inaugural meeting on July 22, 2016 in an event held at the White House. A recording of that event, as well as the meeting minutes and presentation materials, is available on this new page. During this meeting, OIP Director Melanie Pustay introduced the first item for the Council’s consideration — implementing a “release to one, release to all” presumption for FOIA responses. To assist in the implementation of this new presumption, OIP asked agency CFOs to answer specific questions about how such a policy might work at their agency. The memorandum and questionnaire from OIP’s Director to all agency CFOs seeking this feedback is also available on this new page. If you would like to submit your own feedback on the “release to one, release to all” presumption, please email ReleaseToAll@usdoj.gov with your thoughts.

Please be sure to continue checking FOIA Post and the new CFO Council Page for further updates on the Council’s work and details about upcoming meetings.  

Source: United States Department of Justice 2

Both President Obama and the Department of Justice have stressed the importance of agencies working “in a spirit of cooperation” with FOIA requesters. Since their introduction, agency FOIA Requester Service Centers and FOIA Public Liaisons serve as the voice of the agency and provide two channels for the public to use to interact with agencies during the FOIA request process. On August 15th, OIP, in conjunction with the Office of Government Information Services, will be hosting a specialized training event to assist agency personnel in carrying out their responsibilities in these important roles.

FOIA Requester Service Centers typically serve as the first contact at agencies for members of the public when they have questions or are seeking information about how the FOIA works or  the status of their requests. The individuals who make up these FOIA Requester Service Centers need to be prepared to discuss their agency’s FOIA process and to provide specific details about any given request. In addition, agencies offer the assistance of FOIA Public Liaisons who are tasked by the statute to be supervisory agency officials with the responsibility for “assisting in reducing delays, increasing transparency and understanding of the status of requests, and assisting in the resolution of disputes.”

The FOIA Improvement Act of 2016 reinforced the important role played by FOIA Public Liaisons who, in conjunction with agency FOIA Requester Service Centers, provide an all-important human touch to FOIA administration. By engaging with requesters during the FOIA process and providing contacts to help answer questions or resolve issues that may arise, FOIA Requester Service Centers and FOIA Public Liaisons serve important roles in promoting understanding throughout the lifecycle of a FOIA request. 

We hope that you are able to join us for this training, the details of which are:

If you are interested in attending, please e-mail your name and phone number to OIP’s Training Officer at DOJ.OIP.FOIA@usdoj.gov with the subject line “FOIA Public Liaison & FOIA Requester Service Center Training.” If you have any questions regarding this event, please contact OIP’s Training Officer at (202) 514-3642.

For those individuals outside of the Washington, DC area who are unable to attend this training, we are planning a teleconference to review the presentation material in the coming weeks. If you are interested in being a part of this teleconference, please send an email to DOJ.OIP.FOIA@usdoj.gov with the subject line “FOIA Public Liaison& FOIA Requester Service Center Training – Teleconference.”