Public records regarding state investigations of abuse and neglect allegations against nursing homes must be requested from the federal government through the Federal Freedom of Information Act, and such records are critical in building a case against a nursing home for actions that have injured our clients. Investigators for the State have have a unique ability to obtain evidence during the course of investigating complaints. The information and documents they uncover is then shared and compiled with the federal government. However, obtaining such records under FOIA has recently become unnecessarily difficult due to improper withholding and redaction of such records by CMS, the agency responsible for their safekeeping. Stephen Hornbuckle is leading the fight against the federal government’s resistance to disclosing public records. Learn more in Law 360’s recent interview with Mr. Hornbuckle.
