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February 15, 2017

Department of Health and Human Services


Freedom of Information Officer
Hubert H. Humphrey Building, Room 729H
200 Independence Avenue, SW
Washington, D.C. 20201

Centers for Medicare and Medicaid Services


CMS FOIA Officer
Centers for Medicare & Medicaid Services Mailstop
N2-20-16 7500 Security Boulevard
Baltimore, MD 21244

Re: Freedom of Information Act Request

Dear Official:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, The Protect
Democracy Project hereby requests that your office produce within 20 business days the
following records (see below for clarity on the types of records sought):

(1) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the Department of Health and Human
Services (“HHS”) Office of the Secretary and/or Office of Public Affairs and/or the
Centers for Medicare and Medicaid Services (“CMS”) Office of the Administrator and/or
Office of Communications concerning the decision to discontinue advertising for
healthcare.gov and/or enrollment in healthcare coverage. The timeframe for this request
is January 20, 2017 through February 1, 2017.

(2) All formal and informal documents, including but not limited to email communications
and memoranda, between the HHS and/or CMS transition teams and the White House
concerning the decision to discontinue advertising for healthcare.gov and/or enrollment
in healthcare coverage. The timeframe for this request is January 20, 2017 through
February 1, 2017.

(3) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of the Secretary

PO Box 170521, Brooklyn, New York 11217


FOIA.protectdemocracy@gmail.com
and/or HHS Office of Public Affairs and/or CMS Office of the Administrator and/or
CMS Office of Communications concerning the effect of the Trump Administration’s
decision to discontinue the advertising detailed above on enrollment numbers. The
timeframe for this request is January 20, 2017 through February 1, 2017.

(4) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of Public Affairs
and/or CMS Offices of Communications concerning the article published by Politico on
January 26, 2017 entitled, “Trump White House Abruptly Halts Obamacare Ads.”

(5) All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees in the HHS Office of the Secretary
and/or HHS Office of Public Affairs and/or CMS Office of the Administrator and/or
CMS Office of Communications concerning the number of people who enrolled in
healthcare coverage after President Trump took office, which CMS made public on
February 3, 2017. CMS reported that approximately 200,000 Americans signed up for
coverage in the final two weeks of the open enrollment period. The time-frame for this
request is January 20, 2017 through February 6, 2017.

(6) All formal and informal documents, including but not limited to email communications
and memoranda, between HHS and/or CMS employees and the White House concerning
the number of people who enrolled in healthcare coverage after President Trump took
office, which CMS made public on February 3, 2017. CMS reported that approximately
200,000 Americans signed up for coverage in the final two weeks of the open enrollment
period. The time-frame for this request is January 20, 2017 through February 6, 2017.

FEE WAIVER

FOIA provides that a waiver of fees associated with a request is waived if “disclosure of

the information is in the public interest because it is likely to contribute significantly to public

understanding of the operations or activities of the government and is not primarily in the

commercial interest of the requester.” 5 U.S.C 552(1)(4)(A)(iii). The core mission of The

Protect Democracy Project, a new organization awaiting 501(c)(3) status, is to inform public

understanding on operations and activities of the government. This request is submitted in

consort with the organization’s mission to gather and dissimilate information that is likely to

PO Box 170521, Brooklyn, New York 11217


FOIA.protectdemocracy@gmail.com
contribute significantly to the public understanding of executive branch operations and activities.

The Protect Democracy Project has no commercial interest, and releasing the contents of the

requested documents for public consumption is not in the financial interest of the organization.

In addition to satisfying requirements for a waiver of fees associated with the search and

processing of records, The Protect Democracy Project is entitled to a waiver in duplication costs.

Federal law mandates a waiver of document duplication costs for requesters that qualify as a

representative of the news media. The Protect Democracy Project, a new organization formed in

December 2016, emerges in the tradition of 501(c)(3) good government organizations that

qualify under FOIA as “news media organizations.” Like these organizations, the purpose of The

Protect Democracy Project is to “gather information of potential interest to a segment of the

public, use its editorial skills to turn the raw materials into distinct work, and distribute that work

to an audience.” Cf National Security Archive v. Department of Defense, 880 F.2d 1381, 1387

(D.C. Cir. 1989). We intend to give the public access to documents transmitted via FOIA on our

forthcoming website, www.protectdemocracyproject.org.

RESPONSIVE RECORDS

We ask that all types of records and all record systems be searched to discover records

responsive to our request. We seek records in all medium and format. This includes, but is not

limited to: agendas, manifests, calendars, schedules, notes, and any prepared documentation for

meetings, calls, tele-conferences, or otherwise discussions responsive to our request; voicemails;

e-mails; e-mail attachments; talking points; faxes; facsimiles; training documents and guides;

table of contents and content of binders; documents pertaining to instruction and coordination of

PO Box 170521, Brooklyn, New York 11217


FOIA.protectdemocracy@gmail.com
couriers; and any other preservation of work product. We ask that you search all system of

record, including electronic, in use at your agency. The Protect Democracy Project would prefer

records in electronic format, saved as PDF documents, and transmitted via email or CD-rom.

If you make a determination that any responsive record, or any segment within a record,

is exempt from disclosure, we ask that you provide an index of those records at the time you

transmit all other responsive records. In the index, please include a description of the record and

the reason for exclusion with respect to each individual exempt record or exempt portion of a

record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S.

977 (1974). When you deem a portion of a record exempt, we ask for the remainder of the record

to be provided. 5 U.S.C. 552(b).

Given the 20-day statutory deadline, we hope to be as helpful as possible in clarifying or

answering questions about our request. Please contact us at FOIA.protectdemocracy@gmail.com

or (404) 819-1630 if you require any additional information. We appreciate your cooperation,

and look forward to hearing from you very soon.

Sincerely,

Ian Bassin
Executive Director
The Protect Democracy Project

PO Box 170521, Brooklyn, New York 11217


FOIA.protectdemocracy@gmail.com
DEPARTMENT OF HEALTH & HUMAN SERVICES Office of the Secretary
Assistant Secretary for Public Affairs
Washington, D.C. 20201

September 8, 2017
FOIA Case No: 2017-00448-FOIA-OS
Ian Bassin
Executive Director
The Protect Democracy Project
P.O. Box 170521
Brooklyn, NY 11217

Dear Mr. Bassin:


This letter responds FOIA to your request, dated February 15, 2017, which had been sent to both
ASPA and the Centers for Medicare and Medicaid Services (CMS), seeking:

• All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the Department of Health and Human
Services (“HHS”) Office of the Secretary and/or Office of Public Affairs and/or the CMS
Office of the Administrator and/or Office of Communications concerning the decision to
discontinue advertising for healthcare.gov and/or enrollment in healthcare coverage. The
timeframe for this request is January 20, 207 through February 1, 2017.

• All formal and informal documents, including but not limited to email communications
and memoranda, between the HHS and/or CMS transition teams and the White House
concerning the decision to discontinue advertising for healthcare.gov and/or enrollment
in healthcare coverage. The timeframe for this request is January 20, 2017 through
February 1, 2017.

• All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of the Secretary
and/or HHS Office of Public Affairs and/or CS Office of the Administrator and/or CMS
Office of Communications concerning the effect of the Trump Administration’s decision
to discontinue the advertising detailed above on enrollment numbers. The timeframe for
this request is January 20, 2017 through February 1, 2017.

• All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees of the HHS Office of Public Affairs
and/or CMS Offices of Communications concerning the articles published by Politico on
January 26, 2017 entitled, “Trump White House Abruptly Halts Obamacare Ads.”

• All formal and informal documents, including but not limited to email communications
and memoranda, between and among employees in the HHS Office of the Secretary

The Protect Democracy Project: FOIA Case No. 2017-00448-FOIA-OS Page 1 of 4


and/or HHS Office of Public Affairs and/or CMS Office of the Administrator and/or
CMS Office of Communications concerning the number of people who reenrolled in
healthcare coverage after President Trump took office, which CMS made public on
February 3, 2017. CMS reported that approximately 200,000 Americans signed up for
coverage in the final two weeks of the open enrollment period. The timeframe for this
request is January 20, 2017 through February 6, 2017.

• All formal and informal documents, including but not limited to email communications
and memoranda, between HHS and/or CMS employees and the White House concerning
the number of people who reenrolled in healthcare coverage after President Trump took
office, which CMS made public on February 3, 2017. CMS reported that approximately
200,000 Americans signed up for coverage in the final two weeks of the open enrollment
period. The timeframe for this request is January 20, 2017 through February 6, 2017.

Our office has located 33 pages of documents consisting of emails responsive to your request.
Please note that the emails on pages one (1), 19, and 25 contain attachments. These attachments
consist of CMS records, which have been included in CMS’s release package, and will therefore
not be included with this letter. After review of the remaining 33 pages, I have determined to
release six pages in full, and to release 27 pages in part, pursuant to FOIA Exemptions 5 and 6,
further discussed below.

Exemption 5
Exemption 5 protects “inter-agency or intra-agency memorandums or letters which would not be
available by law to a party other than an agency in litigation with the agency.” Once it is
established that a record is an “inter-agency or intra-agency record,” it is necessary to show that
the record is protected by a civil discovery privilege. The civil discovery privileges invoked with
respect to this request are the attorney-client privilege and the deliberative process privilege.

Exemption 6
Exemption 6 of the FOIA protects information about individuals in “personnel and medical files
and similar files” when the disclosure of such information “would constitute a clearly
unwarranted invasion of personal privacy.” In order to satisfy the requirements for Exemption 6
protection, the following criteria must be met: first, the information must be contained in a
personnel, medical, or “similar” file; and, second, the disclosure of the information must
“constitute a clearly unwarranted invasion of privacy.” The second criterion requires
government agencies to balance the privacy interest that would be compromised by disclosure
against any public interest in the requested information.
The first Exemption 6 criterion is easily met in most cases. The Supreme Court has held that
Congress intended for the term “similar files” to be interpreted broadly, rather than narrowly, and
that the protection of an individual’s privacy “surely was not intended to turn upon the label of
the file which contains the damaging information.” Rather, the Supreme Court has made clear
that all information that “applies to a particular individual” meets the threshold requirement for
Exemption 6 protection.

The Protect Democracy Project: FOIA Case No. 2017-00448-FOIA-OS Page 2 of 4


Once the first criterion is established, in order for information to be withheld pursuant to
Exemption 6, it is necessary to show that a release of the information “would constitute a clearly
unwarranted invasion of privacy.” In the FOIA context, the Supreme Court has held that
information need not be intimate or embarrassing to qualify for protection under privacy
grounds. Privacy interests have been found to exist under the FOIA in personally identifying
information such as a person’s name, address, telephone number, date of birth, criminal history,
medical history, or social security number. As long as the privacy interest is substantial (i.e.,
greater than de minimis), it may qualify for protection under Exemption 6.
When a substantial privacy interest is established, an agency must then “address the question of
whether the public interest in disclosure outweighs the individual privacy concerns.” The burden
of establishing that a release of the requested information would serve the public interest is on
the requester. Moreover, the Supreme Court has limited the concept of the public interest under
FOIA to “shed[ding] light on an agency’s performance of its statutory duties” and has stressed
that information that does not reveal the operations or activities of the federal government “falls
outside the ambit of the public interest that the FOIA was enacted to serve.”
Exemption 6 was invoked specifically to protect the cell phone numbers and meeting dial-in
number and passcode of agency officials. Given the nature of these records, the individuals
identified in these records have a substantial privacy interest in protecting the withheld
information. Finally, in order to overcome a substantial privacy interest, it is necessary to
establish that the public interest in disclosure outweighs the individual privacy concerns.
Because the identified individuals’ privacy interests outweigh the public interest in this case, I
am protecting portions of the information withheld pursuant to Exemption 6.
I apologize for the delay in responding to your FOIA request.
If you believe that the information withheld should not be exempt from disclosure, or this
response constitutes an adverse determination, you may appeal. By filing an appeal, you
preserve your rights under FOIA and give the agency a chance to review and reconsider your
request and the agency’s decision.

Your appeal must be mailed within 90 days from the date of receipt of this letter to:

Ms. Catherine Teti


Deputy Agency Chief FOIA Officer
U.S. Department of Health and Human Services
Office of the Assistant Secretary for Public Affairs
Room 729H
200 Independence Avenue, S.W.
Washington, DC 20201

Please clearly mark both the envelope and your letter “Freedom of Information Act Appeal.”
You may also e-mail your appeal to: HHS.ACFO@hhs.gov.

The Protect Democracy Project: FOIA Case No. 2017-00448-FOIA-OS Page 3 of 4


If you would like to discuss our response before filing an appeal to attempt to resolve your
dispute without going through the appeals process, you may contact the HHS FOIA Public
Liaison for assistance at:

Michael Bell
HHS FOIA Public Liaison
U.S. Department of Health and Human Services
Office of the Assistant Secretary for Public Affairs
Room 729H
200 Independence Avenue, S.W.
Washington, DC 20201

Telephone: (202) 260-0793


E-mail: HHS_FOIA_Public_Liaison@hhs.gov

If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of
Government Information Services (OGIS), the Federal FOIA Ombudsman’s office, offers
mediation services to help resolve disputes between FOIA requesters and Federal agencies. The
contact information for OGIS is:

Office of Government Information Services


National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
E-mail: ogis@nara.gov
Fax: 202-741-5769

There are no charges in this instance because the billable costs are less than our threshold of $25.

Sincerely yours,

Michael Marquis
Director
FOI/Privacy Act Division

Enclosures: 33 Pages

The Protect Democracy Project: FOIA Case No. 2017-00448-FOIA-OS Page 4 of 4


From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: update
Date: Wednesday, August 30, 2017 4:12:23 PM
Attachments: HHSM-500-2011-00029I T0008 award executed 07-28-2016.pdf
Weber T0008 Mod 1 SF30 executed.pdf
Attachment 2 Statement of Work.docx

1
 
From: Wallace, Mary H. (CMS/OC)
Sent: Wednesday, January 25, 2017 8:06 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: RE: update
 

(b)(5)

Let me know any questions.  More to come soon.


 
Thanks
Mary
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 6:45 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Bradley, Tasha (OS/ASPA) <Tasha.Bradley@hhs.gov>
Subject: RE: update
 
Next few hours on the budget works.  Thanks for the update.
 
If you can send along the contract sooner that would be helpful as well.
 
Mark
 
From: Wallace, Mary H. (CMS/OC)
Sent: Wednesday, January 25, 2017 6:44 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: update
 
Hey Mark – I talked to our folks – I can get you a decent amount of detail in the next few hours. 
 

(b)(5)

Thanks
Mary
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Media Buy for ACA
Date: Wednesday, August 30, 2017 4:13:49 PM

(b)(5)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: follow up
Date: Wednesday, August 30, 2017 4:15:16 PM

3
 
From: Wallace, Mary H. (CMS/OC)
Sent: Thursday, January 26, 2017 12:45 PM
To: Weber, Mark (HHS/ASPA)
Subject: follow up
 
Hi Mark
 
Everything is in motion – a couple questions for you when you have a minute.  Let me know a good
time
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Per discussion
Date: Wednesday, August 30, 2017 4:17:01 PM

(b)(5)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Outreach on exchange open enrollment
Date: Wednesday, August 30, 2017 4:18:38 PM

5
 
From: Wallace, Mary H. (CMS/OC)
Sent: Thursday, January 26, 2017 8:45 PM
To: Pate, Randy (HHS/IOS)
Cc: Clark, Timothy (HHS/IOS); Brooks, John (HHS/IOS); Weber, Mark (HHS/ASPA); Conway, Patrick H.
(CMS/OA); Jackson, Karen E. (CMS/CMMI)
Subject: RE: Outreach on exchange open enrollment

Thanks Randy for sending this..  I definitely want to make sure we are all on the same page before
moving forward.  To that end I added a few others.
 
I have two questions based on your note.
 

(b)(5)

Can we get confirmation from everyone on here of what you want us to do.  I just want to be really
clear.
 
Thanks so much
Mary
 
 
From: Pate, Randy (HHS/IOS)
Sent: Thursday, January 26, 2017 7:34 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>
Subject: Outreach on exchange open enrollment

Mary,

I just had what I hope is a clarifying conversation on this. I'm CC'ing Tim Clark to ensure he
has a chance to weigh in if I have missed anything.

(b)(5)

Hope this helps and please let me know if you have questions.

Randy Pate
Special Assistant
US Dept of Health and Human Services
Randy.Pate@hhs.gov
(b)(6)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Outreach on exchange open enrollment
Date: Wednesday, August 30, 2017 4:19:03 PM

6
 
From: Wallace, Mary H. (CMS/OC)
Sent: Thursday, January 26, 2017 8:54 PM
To: Pate, Randy (HHS/IOS)
Cc: Clark, Timothy (HHS/IOS); Brooks, John (HHS/IOS); Weber, Mark (HHS/ASPA); Conway, Patrick H.
(CMS/OA); Jackson, Karen E. (CMS/CMMI)
Subject: RE: Outreach on exchange open enrollment

Sorry – forgot to add that if you would like to have a call tonight for everyone– happy to do that as
well. 
 
From: Wallace, Mary H. (CMS/OC)
Sent: Thursday, January 26, 2017 8:45 PM
To: Pate, Randy (HHS/IOS) <Randy.Pate@hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>; Weber, Mark (HHS/ASPA) <Mark.Weber@hhs.gov>; Conway, Patrick H.
(CMS/OA) <Patrick.Conway@cms.hhs.gov>; Jackson, Karen E. (CMS/CMMI)
<karen.jackson1@cms.hhs.gov>
Subject: RE: Outreach on exchange open enrollment

Thanks Randy for sending this..  I definitely want to make sure we are all on the same page before
moving forward.  To that end I added a few others.
 
I have two questions based on your note.
 

(b)(5)

Can we get confirmation from everyone on here of what you want us to do.  I just want to be really
clear.
 
Thanks so much
Mary
 
 
From: Pate, Randy (HHS/IOS)
Sent: Thursday, January 26, 2017 7:34 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>
Subject: Outreach on exchange open enrollment

Mary,

I just had what I hope is a clarifying conversation on this. I'm CC'ing Tim Clark to ensure he
has a chance to weigh in if I have missed anything.

(b)(5)

Hope this helps and please let me know if you have questions.

Randy Pate
Special Assistant
US Dept of Health and Human Services
Randy.Pate@hhs.gov
(b)(6)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Outreach on exchange open enrollment
Date: Wednesday, August 30, 2017 4:19:28 PM

7
 
From: Clark, Timothy (HHS/IOS)
Sent: Thursday, January 26, 2017 9:22 PM
To: Wallace, Mary H. (CMS/OC); Pate, Randy (HHS/IOS)
Cc: Brooks, John (HHS/IOS); Weber, Mark (HHS/ASPA); Conway, Patrick H. (CMS/OA); Jackson, Karen
E. (CMS/CMMI)
Subject: Re: Outreach on exchange open enrollment

Mary, can you give me a call? (b)(6)

Tim Clark
White House Liaison
United States Department of Health and Human Services (HHS)

On: 26 January 2017 20:53, "Wallace, Mary H. (CMS/OC)" <Mary.Wallace@cms.hhs.gov>


wrote:

Sorry – forgot to add that if you would like to have a call tonight for everyone– happy to do that as
well. 
 
From: Wallace, Mary H. (CMS/OC)
Sent: Thursday, January 26, 2017 8:45 PM
To: Pate, Randy (HHS/IOS) <Randy.Pate@hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>; Weber, Mark (HHS/ASPA) <Mark.Weber@hhs.gov>; Conway, Patrick H.
(CMS/OA) <Patrick.Conway@cms.hhs.gov>; Jackson, Karen E. (CMS/CMMI)
<karen.jackson1@cms.hhs.gov>
Subject: RE: Outreach on exchange open enrollment

Thanks Randy for sending this..  I definitely want to make sure we are all on the same page before
moving forward.  To that end I added a few others.
 
I have two questions based on your note.
 

(b)(5)
(b)(5)

Can we get confirmation from everyone on here of what you want us to do.  I just want to be really
clear.
 
Thanks so much
Mary
 
 
From: Pate, Randy (HHS/IOS)
Sent: Thursday, January 26, 2017 7:34 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>
Subject: Outreach on exchange open enrollment

Mary,

I just had what I hope is a clarifying conversation on this. I'm CC'ing Tim Clark to ensure he
has a chance to weigh in if I have missed anything.

(b)(5)

Hope this helps and please let me know if you have questions.

Randy Pate
Special Assistant
US Dept of Health and Human Services
Randy.Pate@hhs.gov
(b)(6)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Call In # Below: Outreach on exchange open enrollment
Date: Wednesday, August 30, 2017 4:20:15 PM

8
 
From: Wallace, Mary H. (CMS/OC)
Sent: Thursday, January 26, 2017 10:16 PM
To: Jackson, Karen E. (CMS/CMMI); Clark, Timothy (HHS/IOS); Pate, Randy (HHS/IOS)
Cc: Brooks, John (HHS/IOS); Weber, Mark (HHS/ASPA); Conway, Patrick H. (CMS/OA)
Subject: RE: Call In # Below: Outreach on exchange open enrollment

(b)(5)

Thanks All
Mary
 
From: Jackson, Karen E. (CMS/CMMI)
Sent: Thursday, January 26, 2017 9:48 PM
To: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Wallace, Mary H. (CMS/OC)
<Mary.Wallace@cms.hhs.gov>; Pate, Randy (HHS/IOS) <Randy.Pate@hhs.gov>
Cc: Brooks, John (HHS/IOS) <John.Brooks@hhs.gov>; Weber, Mark (HHS/ASPA)
<Mark.Weber@hhs.gov>; Conway, Patrick H. (CMS/OA) <Patrick.Conway@cms.hhs.gov>
Subject: Call In # Below: Outreach on exchange open enrollment

Set up conference line for folk’s convenience…


 
Please call the following number:
WebEx: (b)(6)
2. Follow the instructions you hear on the phone.

Your WebEx Meeting Number: (b)(6)

Karen Jackson
410-786-0079 (O)
(b)(6)

From: Clark, Timothy (HHS/IOS)


Sent: Thursday, January 26, 2017 9:22 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>; Pate, Randy (HHS/IOS)
<Randy.Pate@hhs.gov>
Cc: Brooks, John (HHS/IOS) <John.Brooks@hhs.gov>; Weber, Mark (HHS/ASPA)
<Mark.Weber@hhs.gov>; Conway, Patrick H. (CMS/OA) <Patrick.Conway@cms.hhs.gov>; Jackson,
Karen E. (CMS/CMMI) <karen.jackson1@cms.hhs.gov>
Subject: Re: Outreach on exchange open enrollment

Mary, can you give me a call? (b)(6)

Tim Clark
White House Liaison
United States Department of Health and Human Services (HHS)

On: 26 January 2017 20:53, "Wallace, Mary H. (CMS/OC)" <Mary.Wallace@cms.hhs.gov>


wrote:

Sorry – forgot to add that if you would like to have a call tonight for everyone– happy to do that as
well. 
 
From: Wallace, Mary H. (CMS/OC)
Sent: Thursday, January 26, 2017 8:45 PM
To: Pate, Randy (HHS/IOS) <Randy.Pate@hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>; Weber, Mark (HHS/ASPA) <Mark.Weber@hhs.gov>; Conway, Patrick H.
(CMS/OA) <Patrick.Conway@cms.hhs.gov>; Jackson, Karen E. (CMS/CMMI)
<karen.jackson1@cms.hhs.gov>
Subject: RE: Outreach on exchange open enrollment

Thanks Randy for sending this..  I definitely want to make sure we are all on the same page before
moving forward.  To that end I added a few others.
 
I have two questions based on your note.
 

(b)(5)

Can we get confirmation from everyone on here of what you want us to do.  I just want to be really
clear.
 
Thanks so much
Mary
 
 
From: Pate, Randy (HHS/IOS)
Sent: Thursday, January 26, 2017 7:34 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>
Subject: Outreach on exchange open enrollment

Mary,

I just had what I hope is a clarifying conversation on this. I'm CC'ing Tim Clark to ensure he
has a chance to weigh in if I have missed anything.

(b)(5)

Hope this helps and please let me know if you have questions.

Randy Pate
Special Assistant
US Dept of Health and Human Services
Randy.Pate@hhs.gov
(b)(6)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: OE4 Communication Activities & Other CMS Activities
Date: Wednesday, August 30, 2017 4:21:37 PM

9
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 5:28 PM
To: Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan (HHS/IOS)
Subject: RE: OE4 Communication Activities & Other CMS Activities
 
FYI - Mary Wallace, Acting CMS, Comms Director will be calling me in a few minutes.   
 
Mark    
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 2:32 PM
To: Bradley, Tasha (OS/ASPA); Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan
(HHS/IOS)
Cc: Hall, Bill (HHS/ASPA); Fontenot, Monique (OS/ASPA); Myrie, Simone (OS/ASPA)
Subject: RE: OE4 Communication Activities & Other CMS Activities
 
Tasha,
 
Thank you and CMS for pulling this together.  I’ll get back to with comments and any other
questions.
 
Mark
 
 
 
From: Bradley, Tasha (OS/ASPA)
Sent: Wednesday, January 25, 2017 2:09 PM
To: Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan (HHS/IOS)
Cc: Weber, Mark (HHS/ASPA); Hall, Bill (HHS/ASPA); Fontenot, Monique (OS/ASPA); Myrie, Simone
(OS/ASPA)
Subject: OE4 Communication Activities & Other CMS Activities
 
Hi all,
 
Please find attached the OE4 Communication Activities for the next several weeks. Within the
document you will find a description of each activity and examples: social posts; sample language
for web postings and emails; 2016 press releases, reports, and rollout plans. I’ve also attached the
final blog that will post on Friday under Patrick Conway’s byline. A rollout plan is currently being
developed for Friday’s blog and will be shared once ready.
 
Lastly, I’ve also attached a document that provides information on CMS planned activities not
related to OE4.
 
Let me know if there are any questions.
 
Thank you,
Tasha
 
Tasha Bradley
U.S. Department of Health & Human Services
(o) 202-690-7048
Tasha.bradley@hhs.gov
 
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: OE4 Communication Activities & Other CMS Activities
Date: Wednesday, August 30, 2017 4:21:58 PM

10
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 6:08 PM
To: Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan (HHS/IOS)
Subject: RE: OE4 Communication Activities & Other CMS Activities
 
(b)(5)

In general -
 

(b)(5)

Conversation was productive.  Mary is on board and stands ready to help.  I conveyed appreciation
for what must be hard to do and the work to be done.
 
Happy to answer questions this evening – I will keep an eye on email for the budget and contract.
 
Mark
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 5:28 PM
To: Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan (HHS/IOS)
Subject: RE: OE4 Communication Activities & Other CMS Activities
 
FYI - Mary Wallace, Acting CMS, Comms Director will be calling me in a few minutes.   
 
Mark    
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 2:32 PM
To: Bradley, Tasha (OS/ASPA); Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan
(HHS/IOS)
Cc: Hall, Bill (HHS/ASPA); Fontenot, Monique (OS/ASPA); Myrie, Simone (OS/ASPA)
Subject: RE: OE4 Communication Activities & Other CMS Activities
 
Tasha,
 
Thank you and CMS for pulling this together.  I’ll get back to with comments and any other
questions.
 
Mark
 
 
 
From: Bradley, Tasha (OS/ASPA)
Sent: Wednesday, January 25, 2017 2:09 PM
To: Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan (HHS/IOS)
Cc: Weber, Mark (HHS/ASPA); Hall, Bill (HHS/ASPA); Fontenot, Monique (OS/ASPA); Myrie, Simone
(OS/ASPA)
Subject: OE4 Communication Activities & Other CMS Activities
 
Hi all,
 
Please find attached the OE4 Communication Activities for the next several weeks. Within the
document you will find a description of each activity and examples: social posts; sample language
for web postings and emails; 2016 press releases, reports, and rollout plans. I’ve also attached the
final blog that will post on Friday under Patrick Conway’s byline. A rollout plan is currently being
developed for Friday’s blog and will be shared once ready.
 
Lastly, I’ve also attached a document that provides information on CMS planned activities not
related to OE4.
 
Let me know if there are any questions.
 
Thank you,
Tasha
 
Tasha Bradley
U.S. Department of Health & Human Services
(o) 202-690-7048
Tasha.bradley@hhs.gov
 
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: update
Date: Wednesday, August 30, 2017 4:22:28 PM

11
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 6:45 PM
To: Wallace, Mary H. (CMS/OC)
Cc: Bradley, Tasha (OS/ASPA)
Subject: RE: update
 
Next few hours on the budget works.  Thanks for the update.
 
If you can send along the contract sooner that would be helpful as well.
 
Mark
 
From: Wallace, Mary H. (CMS/OC)
Sent: Wednesday, January 25, 2017 6:44 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: update
 

(b)(5)

Thanks
Mary
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: update
Date: Wednesday, August 30, 2017 4:23:18 PM
Attachments: HHSM-500-2011-00029I T0008 award executed 07-28-2016.pdf
Weber T0008 Mod 1 SF30 executed.pdf
Attachment 2 Statement of Work.docx

12
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 8:13 PM
To: Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan (HHS/IOS)
Subject: Fw: update
 
Mary is still working on budget.

Mark

From: Wallace, Mary H. (CMS/OC)


Sent: Wednesday, January 25, 2017 8:05:46 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: RE: update

(b)(5)

Let me know any questions.  More to come soon.


 
Thanks
Mary
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 6:45 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Bradley, Tasha (OS/ASPA) <Tasha.Bradley@hhs.gov>
Subject: RE: update
 
Next few hours on the budget works.  Thanks for the update.
 
If you can send along the contract sooner that would be helpful as well.
 
Mark
 
From: Wallace, Mary H. (CMS/OC)
Sent: Wednesday, January 25, 2017 6:44 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: update
 

(b)(5)

Thanks
Mary
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: update
Date: Wednesday, August 30, 2017 4:23:39 PM

13
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 9:25 PM
To: Lloyd, Matt (HHS/IOS); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Subject: Fw: update
 
Per request.

From: Wallace, Mary H. (CMS/OC)


Sent: Wednesday, January 25, 2017 9:19:17 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: RE: update

(b)(5)

Thanks
Mary
 

(b)(5)
(b)(5)

From: Weber, Mark (HHS/ASPA)


Sent: Wednesday, January 25, 2017 8:11 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Bradley, Tasha (OS/ASPA) <Tasha.Bradley@hhs.gov>
Subject: Re: update
 
Thanks
From: Wallace, Mary H. (CMS/OC)
Sent: Wednesday, January 25, 2017 8:05:46 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: RE: update

(b)(5)

Let me know any questions.  More to come soon.


 
Thanks
Mary
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, January 25, 2017 6:45 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Bradley, Tasha (OS/ASPA) <Tasha.Bradley@hhs.gov>
Subject: RE: update
 
Next few hours on the budget works.  Thanks for the update.
 
If you can send along the contract sooner that would be helpful as well.
 
Mark
 
From: Wallace, Mary H. (CMS/OC)
Sent: Wednesday, January 25, 2017 6:44 PM
To: Weber, Mark (HHS/ASPA)
Cc: Bradley, Tasha (OS/ASPA)
Subject: update
 

(b)(5)

Thanks
Mary
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Media Buy for ACA
Date: Wednesday, August 30, 2017 4:24:11 PM

14
 
From: Weber, Mark (HHS/ASPA)
Sent: Thursday, January 26, 2017 11:12 AM
To: Clark, Timothy (HHS/IOS); Davis, Jeff (HHS/OMHA)
Cc: Lloyd, Matt (HHS/IOS); Flick, Heather (HHS/IOS)
Subject: RE: Media Buy for ACA
 
Jeff – when you get a chance give me a call.
 
Mark
 
 
office (202)260-6412
cell (b)(6)
Email Mark.Weber@HHS.Gov
 
 

(b)(5)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Per discussion
Date: Wednesday, August 30, 2017 4:24:41 PM
Attachments: HHSM-500-2011-00029I T0008 award executed 07-28-2016.pdf
Weber T0008 Mod 1 SF30 executed.pdf
Attachment 2 Statement of Work.docx

15
 
From: Weber, Mark (HHS/ASPA)
Sent: Thursday, January 26, 2017 12:30 PM
To: Davis, Jeffrey (HHS/OGC); Flick, Heather (HHS/IOS)
Cc: Lloyd, Matt (HHS/IOS); Trueman, Laura (HHS/IOS); Murphy, Ryan (HHS/IOS)
Subject: Per discussion
 
 
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Per discussion
Date: Wednesday, August 30, 2017 4:25:30 PM

15
 
From: Weber, Mark (HHS/ASPA)
Sent: Thursday, January 26, 2017 4:46 PM
To: Goulding, Michael (HHS/OGC)
Subject: FW: Per discussion
 
Contact info
 
Thanks
 
 
office (202)260-6412
(b)(6)
Email Mark.Weber@HHS.Gov
 

(b)(5)
(b)(5)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Had to go to appointment
Date: Wednesday, August 30, 2017 4:25:57 PM

16
 
From: Weber, Mark (HHS/ASPA)
Sent: Thursday, January 26, 2017 5:45 PM
To: Lloyd, Matt (HHS/IOS); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Subject: Had to go to appointment
 
On bberry. (b)(5)

From: Hall, Bill (HHS/ASPA)


Sent: Thursday, January 26, 2017 5:37:22 PM
To: Lloyd, Matt (HHS/IOS); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS); Weber, Mark
(HHS/ASPA); Bradley, Tasha (OS/ASPA)
Subject: FW: enrollment ads

 
 
From: Albright, Aaron (CMS/OC)
Sent: Thursday, January 26, 2017 5:37 PM
To: Bradley, Tasha (OS/ASPA); Hall, Bill (HHS/ASPA); Weber, Mark (HHS/ASPA)
Subject: Fwd: enrollment ads
 
FYI 

Aaron Albright 
Director, Media Relations Group
Centers for Medicare & Medicaid Services 

Begin forwarded message:

From: Paul Demko <pdemko@politico.com>


Date: January 26, 2017 at 5:30:30 PM EST
To: "Albright, Aaron (CMS/OC)" <Aaron.Albright@cms.hhs.gov>,
"Matt.Lloyd@hhs.gov" <Matt.Lloyd@hhs.gov>
Subject: enrollment ads

So we’re hearing from source both on the Hill and with agencies:
 
All ACA enrollment advertising has been stopped, including ads already paid for. In
addition, all press outreach on Obamacare enrollment has been stoped, and no more
emails are going out to people who visited healthcare.gov to encourage them to finish
enrolling.
 
Any comment on this? Going up with story soon.
 
 
Paul Demko
Reporter
Politico
W: 703.647.7697
C: 612.384.1201
@pauldemko
 
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: FW: Outreach on exchange open enrollment
Date: Wednesday, August 30, 2017 4:26:34 PM

17
 
From: Weber, Mark (HHS/ASPA)
Sent: Thursday, January 26, 2017 8:49 PM
To: Lloyd, Matt (HHS/IOS); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Subject: Fw: Outreach on exchange open enrollment

Fyi

From: Wallace, Mary H. (CMS/OC)


Sent: Thursday, January 26, 2017 8:44:48 PM
To: Pate, Randy (HHS/IOS)
Cc: Clark, Timothy (HHS/IOS); Brooks, John (HHS/IOS); Weber, Mark (HHS/ASPA); Conway, Patrick H.
(CMS/OA); Jackson, Karen E. (CMS/CMMI)
Subject: RE: Outreach on exchange open enrollment

Thanks Randy for sending this..  I definitely want to make sure we are all on the same page before
moving forward.  To that end I added a few others.
 
I have two questions based on your note.
 

(b)(5)

Can we get confirmation from everyone on here of what you want us to do.  I just want to be really
clear.
 
Thanks so much
Mary
 
 
From: Pate, Randy (HHS/IOS)
Sent: Thursday, January 26, 2017 7:34 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>
Subject: Outreach on exchange open enrollment

Mary,

I just had what I hope is a clarifying conversation on this. I'm CC'ing Tim Clark to ensure he
has a chance to weigh in if I have missed anything.

(b)(5)

Hope this helps and please let me know if you have questions.

Randy Pate
Special Assistant
US Dept of Health and Human Services
Randy.Pate@hhs.gov
(b)(6)
From: Weber, Mark (HHS/ASPA)
To: Marquis, Michael (OS/ASPA)
Subject: RE: Outreach on exchange open enrollment
Date: Wednesday, August 30, 2017 4:28:25 PM

17 is the end…
 
From: Weber, Mark (HHS/ASPA)
Sent: Wednesday, August 30, 2017 4:27 PM
To: Marquis, Michael (OS/ASPA)
Subject: FW: Outreach on exchange open enrollment

17
 
From: Weber, Mark (HHS/ASPA)
Sent: Thursday, January 26, 2017 8:49 PM
To: Lloyd, Matt (HHS/IOS); Murphy, Ryan (HHS/IOS); Trueman, Laura (HHS/IOS)
Subject: Fw: Outreach on exchange open enrollment

Fyi

From: Wallace, Mary H. (CMS/OC)


Sent: Thursday, January 26, 2017 8:44:48 PM
To: Pate, Randy (HHS/IOS)
Cc: Clark, Timothy (HHS/IOS); Brooks, John (HHS/IOS); Weber, Mark (HHS/ASPA); Conway, Patrick H.
(CMS/OA); Jackson, Karen E. (CMS/CMMI)
Subject: RE: Outreach on exchange open enrollment

Thanks Randy for sending this..  I definitely want to make sure we are all on the same page before
moving forward.  To that end I added a few others.
 
I have two questions based on your note.
 

(b)(5)

 
Can we get confirmation from everyone on here of what you want us to do.  I just want to be really
clear.
 
Thanks so much
Mary
 
 
From: Pate, Randy (HHS/IOS)
Sent: Thursday, January 26, 2017 7:34 PM
To: Wallace, Mary H. (CMS/OC) <Mary.Wallace@cms.hhs.gov>
Cc: Clark, Timothy (HHS/IOS) <Timothy.Clark1@hhs.gov>; Brooks, John (HHS/IOS)
<John.Brooks@hhs.gov>
Subject: Outreach on exchange open enrollment

Mary,

I just had what I hope is a clarifying conversation on this. I'm CC'ing Tim Clark to ensure he
has a chance to weigh in if I have missed anything.

(b)(5)

Hope this helps and please let me know if you have questions.

Randy Pate
Special Assistant
US Dept of Health and Human Services
Randy.Pate@hhs.gov
(b)(6)