Form CMS-632-FOI, Freedom Of Information Act Request, is the control and tracking form that the Centers for Medicare & Medicaid Services (CMS) attaches to each Freedom of Information Act (FOIA) request it handles. Searches for a freedom of information act request at CMS lead here, but the instructions on the form are written for the CMS employees who process requests: they record dates, the requester, the disposition and the costs of responding. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by CMS.
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What is CMS-632-FOI?
Form CMS-632-FOI, Freedom Of Information Act Request, is the Centers for Medicare & Medicaid Services (CMS) form used to control and track a Freedom of Information Act (FOIA) request from the day the FOIA unit receives it until the case is closed.
The instructions printed on the back of the form say that completing it is mandatory. It must be attached to, and remain with, every FOIA request. Every CMS employee involved in processing the request adds data accounting for that involvement, and that data is the base for the Annual Report.
The form has 23 items. They cover:
- the tracking number, referring regional office, and the received, due and response dates;
- the requester, the requester's affiliation and address, the subject of the request and where it was referred for record searches;
- the category of requester, any program concern about disclosing the records, and the actions that show how the request was disposed of;
- actual processing, copying and mailing costs, the invoiceable fees, the fees charged or waived, the people who searched for the records and any interim reply dates.
The form distinguishes actual costs from invoiceable fees. Actual costs are what responding really cost. Invoiceable fees are different: they are based on the HHS fee schedule for search, review and copying. The form is a record kept by the agency. It is not the letter in which a member of the public asks for records.
Who needs to file CMS-632-FOI?
The people who complete Form CMS-632-FOI are CMS employees. The instructions state that every CMS employee involved in processing a FOIA request must add data to the form accounting for that involvement, so more than one person may write on the same form.
The groups named on the form:
- The FOIA unit, which logs the date the request was received and tracks the due date and the response date.
- Offices that search for records. The form asks for the name, title, component, address and phone number of each person who searched for and compiled the records, and for the costs of that time.
- The responding office, which tallies the fees charged or waived.
A person who is only asking CMS for records is not the audience of the instructions. The requester appears on the form as data: item 7 asks for the last name, first name and initial of the person who signed the request, and item 8 for the company or law firm and complete address. For questions about the form, the form directs callers to the Freedom of Information Group at (410) 786-5353.
When to file CMS-632-FOI
The form is started when a FOIA request is received in the CMS FOIA unit, and it stays attached to the request until the case is completed. Item 3 records the date of receipt in the FOIA unit, and item 4 is the due date, which the instructions define as 20 working days from receipt of the request in that unit.
Item 5 records the actual date the case was completed and the response sent, and item 6 the number of work days it took. Interim replies are logged separately in item 23: they are responses that are not the final, agency-wide response that closes the request. The form prints no other deadline.
Documents you need
- The Freedom of Information Act request itself: Form CMS-632-FOI must be attached to it and stay with it for control and tracking.
How to fill out CMS-632-FOI
Enter the tracking and referral numbers
Item 1: the CMS FOIA request number generated by the SWIFT system or the FOIA Contractor Portal. Item 2: the referring regional office number.
Record the dates and processing days
Item 3: the date the FOIA unit received the request. Item 4: the due date, 20 working days from receipt. Item 5: the date the case was completed and the response sent. Item 6: the number of work days it took.
Identify the requester and the subject
Item 7: last name, first name, initial of the person who signed the request. Item 8: company or law firm name and the complete address. Item 9: a brief statement of the subject or records requested.
Note where the request was referred
Item 10: where the request was sent for records searches.
Check the category of requester
Item 11: check Commercial, Educational/Scientific or News Media, or Other, based on the requester entered in item 7.
Mark any program concern
Item 12: check Yes or No for program concern about disclosing the records, then check each reason that applies, such as Ongoing Deliberation, Pending Litigation or Proprietary Information. Use Other (Specify) for any reason not listed.
Check the actions taken
Item 13: check all items that show the disposition of the request, for example Direct Reply, No Records Found, Request Withdrawn or Fee Related Closure.
Record actual processing costs
Item 14: enter hours, hourly wage and total for each activity line, completing all items. Include computer-based data costs in the Other (specify) line.
Enter copying and mailing costs
Item 15: complete the applicable lines for pages located or copied, pages released to the requester and pages sent to the next review level, with the number of sets. Item 16: enter postage and special handling, such as certification of records.
Total the costs and invoiceable fees
Enter Total Actual Cost as the sum of actual processing, copying and mailing costs. Enter the invoiceable fees based on the HHS fee schedule for search, review and copying, and their total.
Record fees charged or waived
Item 20, Fees Charged: the responding office tallies the fees and invoices the requester when the invoiceable fee reaches the threshold in the instructions. Item 21, Fee Waived: enter the amount waived when the fee is below that threshold.
Name the searchers and interim replies
Item 22: name, title, phone number, component and address of each person who searched for and compiled the records. Item 23: the date of each interim reply.
Review and download the completed PDF
Check that every applicable item is filled and the dates match the request file. Download or print the completed PDF from FillingPDF and attach it to the FOIA request.
How to submit CMS-632-FOI
Form CMS-632-FOI is not sent to a separate address or portal: the instructions say it must be attached to, and remain with, every FOIA request for control and tracking. No mailing address, online portal or appointment rule is printed on it.
- Internal routing: the form travels with the request through the FOIA unit and the offices that search for records, and each employee involved adds data for their part.
- Tracking number: the number in item 1 is generated by the SWIFT system or the FOIA Contractor Portal.
- Questions: call the Freedom of Information Group at (410) 786-5353.
FillingPDF lets you fill out and download the PDF; submission follows the CMS channels above.
Common mistakes to avoid
- Detaching the form from the FOIA request; the instructions say it must remain with every request.
- Counting the item 4 due date in calendar days; it is 20 working days from receipt of the request in the FOIA unit.
- Leaving blanks in item 14, Actual Processing Costs, when the instructions say to complete all items.
- Leaving computer-based data costs out of item 14; they go in the block labeled Other (specify).
- Entering invoiceable fees in place of actual costs; the instructions say invoiceable fees differ and follow the HHS fee schedule.
- Invoicing the requester when the invoiceable fee is below the threshold the instructions set; the amount is to be entered in the Fee Waived block instead.
- Giving a vague entry for the person who searched for the records in item 22; the instructions say to be specific, with name, title, component, address and phone number.
- Entering a date as item 5 for an interim reply; interim replies belong in item 23, since they are not the final agency-wide response.
Frequently asked questions
What is Form CMS-632-FOI used for?
Form CMS-632-FOI is the CMS control and tracking form for a Freedom of Information Act request. It records the dates, requester, subject, disposition and costs of responding, and it is attached to every FOIA request. The data feeds the CMS Annual Report.
Is Form CMS-632-FOI the form I use to make a freedom of information act request to CMS?
No. The instructions on the form are written for CMS employees, who add data about their part in processing a request, and the form prints no channel for the public to send requests. Call the Freedom of Information Group at (410) 786-5353 with questions.
Is completing Form CMS-632-FOI mandatory?
Yes. The CMS instructions state that completion of the form is mandatory and that it must be attached to and remain with every FOIA request. Every CMS employee involved in processing the request must add data accounting for that involvement.
How is the due date on Form CMS-632-FOI calculated?
Item 4, Due Date, is 20 working days from the date the request was received in the FOIA unit, which is entered in item 3. Item 5 then records the actual completion date and item 6 the number of work days it took.
What is the difference between actual costs and invoiceable fees?
Actual costs (items 14 to 16) record what responding cost CMS in processing time, copying and mailing. Invoiceable fees are different: they are based on the HHS fee schedule for search, review and copying, and they decide what the requester may be invoiced.
When is a requester invoiced on this form?
Per the instructions, the responding office invoices the requester when the invoiceable fee reaches the dollar threshold they set. Below it, the requester is not invoiced and the amount is entered in the Fee Waived block. The amount itself is printed in the CMS instructions.
Can I fill out Form CMS-632-FOI online on FillingPDF?
Yes. You can fill out the fillable PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not affiliated with CMS, and it does not file, route or track the form; it stays with the FOIA request inside CMS.
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