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In their appeal to the Freedom of Information Commission Monday legal aid attorneys claimed the Department of Social Services failed to obtain documents from one of the four HMO’s under contract with the state to administer the HUSKY program.

Three of the four HMO’s have refused to produce any of the documents, claiming they are not subject to FOIA, despite a court ruling in favor of disclosure. But WellCare took a different approach. WellCare, the one HMO that did not appeal the June 2006 FOIC rulings, is resisting the public release of any of its internal criteria used to determine medical necessity which is then used to determine access for HUSKY clients, the appeal states.

Read the appealfiled by Attorney Sheldon Toubman (pictured) and hereto read Attorney General Richard Blumenthal’s letter to DSS.