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HHS Must Justify Gaps in Exchange Ad-Related FOIA Response

Feb. 28, 2019, 3:26 PM

A dispute over the government’s allegedly insufficient production of documents discussing its decision to stop advertising the federal health insurance marketplace won’t be resolved quickly.

The Protect Democracy Project filed a Freedom of Information Act request seeking information related to healthcare.gov marketing during the final weeks of the 2016-2017 enrollment period. The Health and Human Services Department responded by releasing about 500 redacted documents. Protect Democracy sued, asking the court to direct HHS to provide unredacted versions.

HHS might have withheld too much information, but Protect Democracy wasn’t necessarily entitled to all the information it asked for, the U.S. District...

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