INSTRUCTIONS FOR COMPLETING THIS FORM
FEES GENERALLY
Appellants and non-appellant beneficiaries will receive one free copy of the record(s) in the case file. Appellants and non-
appellant beneficiaries may be charged for subsequent copies.
If you are a third party, i.e. not the individual identified in the record(s) and you have no legal authority to act on behalf of the
individual, you will have to obtain the identified individual’s consent for access to the record(s). The identified individual is not
required to provide such consent. To obtain the identified individual’s consent you may use forms HHS-720 and HHS-721
instead of this form (HHS-719).
Representatives of the individual(s) identified in the record(s) who have completed and submitted the “Appointment of
Representative” form (CMS-1696), and were subsequently approved by the Administrative Law Judge (ALJ) assigned to the
appeal, do not need to obtain a separate consent from the individual identified in the record(s).
Authorized representatives, i.e. individuals who are legally authorized to act on behalf of the individual identified in the record
(s), (for instance, a legal guardian or power of attorney), do not need to obtain a separate written consent from the individual
so long as they have submitted the legal document that authorized them to act on behalf of the individual. If the legal
document, however, does not expressly give the individual’s consent to access his or her record(s), submit forms HHS-720
and HHS-721 instead of this form (HHS-719).
Authorized substitute parties who have completed form HHS-722, or some other similar document that verifies your legal
status as a substitute party, do not need to obtain a separate written consent from the individual identified in the record(s).
The following requestors must make a Freedom of Information Act (FOIA) request for copies of the record(s):
Third-parties without the written consent of the individual identified in the record(s), whether it is their first or
subsequent request for the record(s);
Entity appellants, for instance a provider or supplier organization, making subsequent requests for the record(s); and
Authorized substitute parties subsequent requests for the record(s).
For instructions on how to make a FOIA request, please read the “Instructions for Making a FOIA Request” below.
INSTRUCTIONS FOR MAKING A FOIA REQUEST
If you have been instructed to make a FOIA request, rather than use this form, please read the following. The Department of
Health and Human Services FOIA Office requires all FOIA requests to be submitted in writing, by postal service, facsimile, or
messenger. Requests must contain the requestor's postal address and the name of the person responsible for paying any
fees that may be charged. You should provide a phone number where the FOIA Office can reach you to get clarification of
the request or resolve other issues concerning the request. For more information, please go to:
http://www.hhs.gov/about/infoguid.html#foia
FOIA requests should be sent to:
Department FOI Officer
Department of Health and Human Services
200 Independence Ave, S.W.
Room 645F
Washington, D.C. 20201
If the Office of Medicare Hearings and Appeals (OMHA) receives a FOIA request, the OMHA will forward it to the
Department FOI Officer.
HHS-719 (09/05)
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