Action Toolkit

State DHS Data Request Package

Ten pre-drafted public records request letters targeting the critical data gaps in the home care workforce research template. Adapt these to your state’s open records law and file them with your Department of Health Services or equivalent agency.

How to use these templates

Customizing for your state

Each template below targets a specific data gap in the 90+ metric research template. The requests are written in state-agnostic language with bracketed fields for customization.

Before you file

1. Identify your state’s open records statute. Every state has one — common names include “Freedom of Information Act,” “Open Records Law,” “Public Records Act,” or “Right to Know Law.” Reference it by name and citation in your request.

2. Identify the correct agency. Replace [State DHS] with your state’s Department of Health Services, Department of Human Services, Health Care Authority, or equivalent Medicaid administering agency.

3. Replace all bracketed fields [like this] with your state-specific information: agency names, program names (e.g., your state’s self-directed care program), statute citations, and your contact information.

4. Request fee waivers. Most states allow fee waivers for requests that serve the public interest. Include a fee waiver request citing the public health and fiscal policy significance of the data.

10
Pre-drafted request templates covering the critical data gaps
15–20
State profile metrics that require FOIA to obtain
50
States where these templates can be adapted and filed
0
Cost to file — most states provide fee waivers for public interest requests
Request templates

10 public records requests

Each request below includes the specific data requested, the research metrics it fills, and the full letter text. Copy, customize the bracketed fields, and submit to your state agency.

Request 1 — Self-directed program workforce demographics

Target agency: [State DHS / Medicaid Agency]
Fills metrics: 2.13–2.15 (workforce demographics), 3.13–3.15 (family caregiver rules), 5.8 (self-directed wages)
Why it matters: Self-directed care programs (IRIS in WI, CDCS in MN, IHSS in CA) are where most familial caregivers work. Demographic data reveals the intersection of gender, race, and family status that defines this workforce.

Dear [Records Custodian / Public Records Officer],

Pursuant to [State Open Records Statute, e.g., Wis. Stat. § 19.31–19.39], I request the following records from [Agency Name] regarding the [self-directed care program name] program:

1. The total number of individual workers providing services through [program name] as of the most recent reporting period.
2. Demographic breakdown of [program name] workers by: (a) percentage who are family members of the care recipient (spouse, parent, adult child, sibling); (b) gender; (c) race/ethnicity; (d) age distribution.
3. Average hourly wage paid to [program name] workers, broken down by family vs. non-family status.
4. Average weekly hours worked by [program name] workers.
5. Total program expenditure for the most recent fiscal year, broken down by worker compensation vs. administrative/fiscal employer agent costs.

I request that responsive records be provided in electronic format (spreadsheet preferred). I request a fee waiver on the grounds that this information is in the public interest, as it pertains to the fiscal sustainability and workforce adequacy of the state’s Medicaid home care system.

Sincerely,
[Your name, organization, contact information]

Request 2 — County-level HCBS enrollment vs. nursing facility admissions

Target agency: [State DHS / Medicaid Agency]
Fills metrics: 4.2 (HCBS-to-NF ratio by county), 4.8 (NF admission rate by county type)
Why it matters: County-level data reveals geographic disparities invisible in state averages. Rural counties often show dramatically different HCBS-to-NF ratios than urban counties.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request the following records from [Agency Name]:

1. For each county in [State], the total number of Medicaid beneficiaries receiving home and community-based services (HCBS) as of the most recent reporting period, including all HCBS waiver programs.
2. For each county, the total number of Medicaid-funded nursing facility admissions for the most recent fiscal year.
3. For each county, the total Medicaid expenditure on HCBS and the total Medicaid expenditure on nursing facility care for the most recent fiscal year.
4. County classification as urban, suburban, or rural per [state or Census Bureau definition].

I request electronic format (spreadsheet preferred) and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 3 — Counties with zero registered home care agencies

Target agency: [State DHS / Health Facility Licensing Division]
Fills metrics: 4.3 (zero-agency counties)
Why it matters: Counties without a single registered home care agency represent complete HCBS access failures. Residents in these counties have no option other than institutional care or unpaid family caregiving.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. A list of all currently licensed/registered home care agencies in [State], identified by county of primary operation.
2. A list of counties in [State] that have zero licensed/registered home care agencies.
3. For counties with zero agencies, the number of Medicaid HCBS beneficiaries residing in those counties and the nearest county with a registered provider.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 4 — Managed care organization contract provisions

Target agency: [State DHS / Medicaid Managed Care Division]
Fills metrics: 3.21 (MCO workforce requirements), 5.6–5.7 (MCO contract adequacy, wage floors)
Why it matters: In states with Medicaid managed care, MCO contracts determine whether rate increases reach workers. Contract provisions on workforce adequacy and wage floors are public records but rarely published proactively.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. Copies of all current contracts between [State DHS/Medicaid Agency] and managed care organizations (MCOs) administering HCBS/long-term care benefits, including all amendments and appendices.
2. Specifically, all contract provisions relating to: (a) network adequacy requirements for home care providers; (b) minimum wage or rate floors for direct care workers; (c) workforce adequacy standards or reporting requirements; (d) pass-through requirements for rate increases to direct care workers.
3. Any MCO performance reports or corrective action plans related to home care workforce adequacy for the most recent two fiscal years.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 5 — Spouse and parent caregiver payment rules

Target agency: [State DHS / Medicaid Agency]
Fills metrics: 3.13–3.15 (family caregiver eligibility, payment rules, restrictions)
Why it matters: Family caregiver payment rules vary dramatically by state and create the “familial paradox” — the person most likely to provide care is often the person least protected by labor law.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. Current policy documents governing whether and under what conditions the following family members may be paid as Medicaid HCBS providers for a beneficiary: (a) spouses; (b) parents of minor children; (c) parents of adult children; (d) adult children; (e) siblings.
2. For each permitted family relationship, any restrictions on: hours, services, payment rates, or overtime eligibility that differ from non-family providers.
3. The total number of family member providers currently enrolled, by relationship type, for each HCBS waiver or state plan program.
4. Any policy changes to family caregiver payment rules enacted or proposed within the last three years.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 6 — Consumer-directed care program enrollment

Target agency: [State DHS / Medicaid Agency]
Fills metrics: 3.7 (self-directed enrollment by program/waiver type)
Why it matters: Self-directed programs give beneficiaries control over hiring but often operate with different wage structures and worker protections than agency-based care.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. Total enrollment in [State]’s consumer-directed / self-directed HCBS programs, broken down by program or waiver type, as of the most recent reporting period.
2. The number of individual workers providing services through each consumer-directed program.
3. Average hourly wage for consumer-directed workers by program type.
4. The name and role of the fiscal employer agent(s) or financial management services provider(s) administering each program.
5. Total program expenditure by program type for the most recent fiscal year.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 7 — HCBS waiting lists and service denials

Target agency: [State DHS / Medicaid Agency]
Fills metrics: 2.5 (denied/reduced services), 4.8 (NF admission patterns)
Why it matters: Waiting lists and service denials are the clearest measure of workforce-driven access failure. When beneficiaries are approved for HCBS but can’t get services, the workforce crisis becomes a civil rights issue.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. The number of individuals currently on waiting lists for HCBS waiver programs, by waiver type and county.
2. Average wait time from application approval to service initiation, by waiver type, for the most recent fiscal year.
3. The number of HCBS beneficiaries who had authorized service hours reduced or unfilled due to workforce unavailability in the most recent fiscal year.
4. The number of individuals who transitioned from HCBS waiting lists or unfilled HCBS authorizations to nursing facility placement in the most recent fiscal year.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 8 — Home care agency closures and provider exits

Target agency: [State DHS / Health Facility Licensing Division]
Fills metrics: 4.3 (agency closures), 2.6 (nursing home closures as comparison)
Why it matters: Agency closures are a lagging indicator of the workforce crisis. When agencies can’t recruit staff, they close — eliminating HCBS access in their service areas.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. A list of all home care agencies that have surrendered their license, ceased operations, or been decertified in [State] in the last five years, including: agency name, county, date of closure, and stated reason (if available).
2. The net change in the total number of licensed home care agencies per year for the last five years.
3. For any agency that cited workforce-related reasons for closure, any documentation of those workforce conditions.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 9 — Broadband coverage by county

Target agency: [State Public Service Commission / Broadband Office / Commerce Department]
Fills metrics: 4.4 (broadband coverage affecting EVV, telehealth, remote monitoring)
Why it matters: Electronic visit verification (EVV) mandated by the 21st Century Cures Act requires broadband access. Counties without adequate broadband face compliance challenges that disproportionately affect rural home care.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. The most recent broadband coverage data by county, showing the percentage of households with access to broadband internet service (25/3 Mbps or higher).
2. Any county-level data on broadband availability specifically for home care providers or Medicaid beneficiaries receiving HCBS.
3. Any analysis of EVV compliance challenges related to broadband availability in rural areas.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Request 10 — Worker travel time and mileage reimbursement

Target agency: [State DHS / Fiscal Employer Agents / Self-Directed Program Administrators]
Fills metrics: 4.1 (travel time/mileage reimbursement)
Why it matters: In rural areas, unpaid travel time between clients can consume hours per day. Whether travel time is compensated and how mileage is reimbursed fundamentally determines whether rural home care is economically viable for workers.

Dear [Records Custodian],

Pursuant to [State Open Records Statute], I request:

1. Current policies regarding travel time compensation for Medicaid HCBS workers, including: (a) whether travel time between clients is compensable; (b) the rate at which travel time is compensated; (c) any mileage reimbursement rates and policies.
2. Average daily travel time for HCBS workers, broken down by county type (urban, suburban, rural), if available.
3. Total Medicaid expenditure on travel time and mileage reimbursement for HCBS workers for the most recent fiscal year.
4. Any differences in travel compensation policies between agency-based care and self-directed care programs.

I request electronic format and a public interest fee waiver.

Sincerely,
[Your name, organization, contact information]

Filing tips

Maximizing your chances of success

Fee waivers

Most states allow fee waivers for requests that serve the public interest. Frame your request as supporting Medicaid fiscal analysis and public health workforce planning — not personal or commercial purposes. Many states grant automatic waivers for journalists, nonprofit organizations, and academic researchers.

Response timelines

State response deadlines vary: some require acknowledgment within 5 business days (e.g., Wisconsin), others within 10 days (e.g., California), and some have no fixed deadline but require a “reasonable” timeframe. If your state has no fixed deadline, include a specific requested response date (typically 20–30 business days) in your letter.

If your request is denied

1. Request a written explanation citing the specific statutory exemption. 2. Narrow the request if the denial cites burden — ask for a single year instead of five, or aggregate data instead of individual records. 3. Appeal. Most states have an administrative appeal process or allow direct judicial review. 4. Contact your state’s press association or FOIA advocacy organization — many offer free assistance with denied requests.

Submitting effectively

Email is preferred — it creates a timestamp and paper trail. Send to the agency’s designated records custodian or public records officer (often listed on the agency website). CC your state legislator’s office if the request relates to pending legislation — this signals institutional interest and can accelerate response. Keep copies of all correspondence.

Important note

These templates are provided as research resources, not legal documents. Open records laws vary significantly by state. If you encounter legal obstacles or complex redaction issues, consult with an attorney familiar with your state’s public records law. Many state press associations and open government organizations offer free FOIA assistance. The FOIA Tracker on this site tracks the status of requests filed using these templates.

Resources

Related tools and data

Methodology

FOIA Tracker

Track the status of filed requests across states. See which data gaps have been filled and which requests are pending or denied.

→ FOIA Tracker
Data

Research Spreadsheet

Full 90+ metric template showing exactly which metrics these FOIA requests fill. Pre-populated with WI and MN data.

↓ Download .xlsx
Data

Research Guide

355-line methodology covering all 6 data categories. Explains which metrics require FOIA and which are publicly available.

↓ Download .md
State data

State Profiles

See which metrics are filled and which show as “FOIA” gaps in your state’s profile. These requests target those exact gaps.

→ Browse state data

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