A Nebraska father and disability advocate is suing the state Department of Health and Human Services, alleging it is violating the state’s public records law by demanding nearly $1 million and projecting a 50-year wait to fulfill a records request.
Curt Safranek, a founder of the Disability Alliance of Nebraska, filed the lawsuit Monday in Lancaster County District Court against Thomas Skutt, the department’s records manager.
The petition challenges DHHS’ estimates for producing emails and attachments related to Alvarez & Marsal, a consulting firm the department announced in August would conduct a $420,000 evaluation of the state’s developmental disability assessment system.
Safranek’s son, Will, has an intellectual disability and autism. According to the lawsuit, his Medicaid funding was reduced under interRAI, an assessment tool DHHS implemented in 2025 to help determine funding for developmental disability services.
Safranek sought the records after DHHS declined to release the consulting contract, saying it had never been executed and therefore was not a public document. His request focuses on communications referencing Alvarez & Marsal. The lawsuit says DHHS later announced it would reopen the selection process to competitive bidding.
Documents attached to the petition show DHHS initially estimated it would cost $976,263.77 to fulfill the request, requiring a deposit of $97,626.38. The department projected the records would be available September 29, 2076.
Safranek then narrowed the requested date range to January 1 through September 29, 2026. DHHS issued a revised estimate of $474,383.02, required a deposit of $47,438.30 and projected a response date of October 2, 2051.
Safranek argues the estimates effectively deny him access to public records and violate his right under Nebraska law to receive them as soon as practicable.
“Families need answers about decisions that affect their children’s daily care,” Safranek says. “A price tag approaching $1 million and a 50-year wait put those answers out of reach. Even after I narrowed the request, DHHS told me to pay nearly half a million dollars and wait 25 years.”
He also characterized the estimates as an obstacle to government accountability, saying, “Nearly $1 million and a 50-year wait. That’s not public access. That’s a roadblock to accountability.”
The lawsuit asks a judge to order DHHS to provide a legally accurate cost estimate that allows access to the records as soon as practicable. Safranek is also seeking expedited consideration of the case and reimbursement of reasonable attorney fees and litigation costs.