Freedom of Information Act

The Freedom of Information Act (FOIA), found in Title 5 of the United States Code, section 552, was enacted in 1966 and provides that, upon request from any person, a Federal agency must release any agency record unless that record falls within one of the nine statutory exemptions and three exclusions. The FOIA binds only Federal agencies, and covers only records in the possession and control of Federal agencies. The FOIA was amended recently by PL 104-231.

The Citizen's Guide on using the FOIA and Privacy Act of 1974 to Request Government Records explains how to use the Freedom of Information Act and the Privacy Act of 1974. It reflects all changes to the laws made since 1996. This Guide is intended to serve as a general introduction to the Freedom of Information Act and the Privacy Act. It offers neither a comprehensive explanation of the details of these acts, nor an analysis of case law. The Guide will, however, enable those who are unfamiliar with the laws to understand the process and to make a request. In addition, the complete text of each law is included in an appendix.

Freedom of Information Act (FOIA) Requests

You can make the following requests through the Freedom of Information Act:

1. A list of physicians that do not submit their bills to Medicare in an electronic format.
2. A copy of records on yourself.
3. A copy of records on someone other than yourself.
4. A copy of records on all other CMS/Medicare/Medicaid program matters.

To access the Freedom of Information Act Request Form, see the Downloads area below.

For more about the Freedom of Information Act and its request process, access the Freedom of Information Act (FOIA) section in the Related Links Inside CMS below.