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> Document 112 : INS 99-14 : Hearing Decision
STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION BUREAU OF INSURANCE
NOW COME Applicants and request that the Superintendent enter an order establishing a protocol for access to a document repository. On Friday December 3, 1999, the Superintendent served on Applicants his Second Discovery Request (the "Request"), consisting of 109 requests for information and documents. Applicants anticipated that the responses to this Request would be voluminous, and that not every party will need or want copies of all of the responses. For these reasons, in the regularly scheduled Friday meeting on December 10, 1999, Applicants suggested creating a document repository (the "Repository") to warehouse these responses, as well as responses to future informational requests, for review and copying by the Intervenors as desired. No opposition to this concept was presented at the meeting. Thereafter, on Monday, December 13, Applicants circulated among the existing Intervenors a draft proposed order creating a repository. Applicants received comments from two Intervenors. Further discussion took place on this issue at the Friday meeting on December 17, among counsel for Applicants, counsel for the Superintendent, attending Intervenors and a putative Intervenor. The attached proposed Order contains what Applicants understand Applicants and the attending Intervenors agreed upon in the December 17 meeting as the protocol for implementation and use of such a Repository. Applicants request that the Superintendent enter an Order in the attached form. DATED: December 21, 1999
STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION BUREAU OF INSURANCE
Following receipt of the Second Discovery Request of the Superintendent (the "Request"), Applicants have conferred with the Attorney General’s office and interested existing and putative Intervenors, who have agreed to deviate from the general service requirements applicable to this proceeding as to informational requests. Rather than serving each Intervenor with a copy of every response to requests, Applicants will create a document repository (the "Repository") to warehouse the responses, as well as responses to future informational requests, for review and copying by the Intervenors as desired. Based on the parties’ agreement, and the potential avoidance of unnecessary and costly dissemination of copies, the Superintendent hereby adopts the following protocol for implementing and use of the Repository: Service outside the Repository Subject to the provisions of the October 19, 1999 Protective Order, the parties shall serve all responses to informational requests and e-mailable responsive documents on all parties other than the Superintendent by e-mail. The parties shall additionally serve a written copy by mail to the party making the informational request. Consumers for Affordable Health Care Coalition ("CAHC") has chosen not to participate in the Repository and will receive a complete copy of all responses and responsive documents by mail or hand delivery. The Superintendent shall continue to receive two copies of discovery responses, and two disks containing those portions of the responses that are to be made electronically. Counsel for the Superintendent and counsel for the Attorney General shall also each be served with one copy of the responses. Location and Contents The Repository shall be located at Pierce Atwood’s Augusta office, 77 Winthrop Street Augusta, ME 04330 ("Augusta PA"). The Repository shall contain a complete copy of all of Applicants’ written and documentary responses to the parties’ informational requests ("Responses"). The Responses shall be stored in separate rooms, one for confidential Responses and another for non-confidential Responses. Confidential Responses shall remain segregated from non-confidential Responses. The Responses will be organized and identified by response number (e.g., "Anthem’s Response to Second Discovery Request of the Superintendent, Response to Question Number 47, AN____ to AN______"). Access to Repository Review of Responses in the Repository shall be by a maximum of three representatives designated in advance by each Intervenor ("Designated Representatives"). Review shall be by appointment only during the hours 8:00 a.m. to 5:00 p.m., Monday through Friday, with the understanding that Applicants may be asked to extend these hours in a reasonable manner (e.g., with sufficient advance notice a party may request the Repository to be open until 6 pm.). The contact person for scheduling appointments for review in the Augusta PA office is Margie Allen, telephone number (207) 622-6311. Only Designated Representatives may be scheduled for appointments to review the Responses. Upon arrival at Augusta PA for a scheduled appointment, the Designated Representatives should be prepared to sign in with Augusta PA staff, provide proof of identification, and state the number(s) of the Response(s) which the Designated Representatives wish to review. After checking the Designated Representatives’ identification and determination of authority, if any, to have access to confidential Responses, Augusta PA staff will provide the Designated Representatives with (1) a blue badge for review of non-confidential Responses only, or (2) a red badge, if the Designated Representatives have authority for review of confidential Responses or non-confidential Responses. If the Designated Representatives have authority to review confidential Responses, but do not request to do so when signing in, the Designated Representatives must contact an Augusta PA staff member to request such access and obtain a red badge before access to the room containing confidential Responses will be permitted. After determining what Responses are to be reviewed, Augusta PA staff will direct the Designated Representatives to the appropriate room. In reviewing Responses, the Designated Representatives shall ensure that they are returned to the proper location in the room and in the same condition (e.g., no writing or other marking on Responses is permitted), to permit continued efficient and effective access. In no event may the Designated Representatives remove Responses from the room. When leaving Augusta PA, the Designated Representatives shall sign out with Augusta PA staff. Copies of Requested Materials If, during the review process, copies of Responses are desired, the number of pages is manageable, and Augusta PA staff are available, copies will be made at the time of review. If the number of pages to be copied is large or staff is not available, the Designated Representatives shall provide Augusta PA staff with a written copy request. Applicants shall make a good faith effort to make copies available on the same day the request is made. The Designated Representatives shall identify the material to be copied in sufficient detail (e.g., "Anthem’s Response to Second Discovery Request of the Superintendent, Response to Question Number 47", or "documents AN ___ to AN ____") and, in the case of a copy that cannot be made immediately, the name and address of the proper person to receive the copies once they are made. Intervenors are limited to one free copy of each Response per Intervenor. Additional copies may be requested at a charge of 20 cents per page. By requesting additional copies, the requestor agrees to pay this charge upon receipt of an invoice from Applicants. Only Designated Representatives who have filed with the Superintendent fully executed confidentiality agreements will be permitted to review and/or request copies of designated confidential Responses. By requesting copies and/or reviewing designated confidential Responses, the Designated Representatives affirm that (1) they have filed a confidentiality agreement with the Superintendent, and (2) understand and agree to be bound by its terms. Copies of responses may also be requested off-site, at any time. The Designated Representatives may request a copy of Response(s) to specific questions either via regular or electronic mail to MAllen@PierceAtwood.com. To ensure accuracy, the Designated Representatives shall identify the Response(s) requested in sufficient detail (e.g., "Anthem’s Response to Second Discovery Request of the Superintendent, Response to Question Number 47", or "documents AN ___ to AN ____") and indicate the name and address of the proper person to receive the copies once they are made. Designated confidential Responses shall not be sent to anyone other than those who have filed with the Superintendent a fully executed confidentiality agreement covering the requested information. If an Intervenor identifies to Applicants the responses to requests for which it wants copies at least seven days before the response is due, Applicants shall serve those requested copies upon the party so identifying responses and documents on the date the responses and documents are due to be filed with the Superintendent. If such identification is not made within this seven day timeframe, Applicants shall make a reasonable, good faith effort to deliver the requested copies as soon as practicable. Intervenors are expected not to abuse the Repository arrangement. When making requests for copies, Intervenors shall make a good faith effort to request copies of only those materials that are necessary. DATED: _______________________________
CERTIFICATE OF SERVICE The undersigned hereby certifies that on December 21, 1999, a copy of the Applicants’ Motion For Order Regarding Protocol For Reviewing And Obtaining Documents From Applicants’ Repository and Proposed Order Establishing Protocol For Reviewing And Obtaining Documents From Applicants’ Repository were served by United States mail, first class postage prepaid, on each of the persons listed below. Robert S. Frank, Esq. Harvey & Frank Two City Center P.O. Box 126 Portland, Maine 04112 e-mail: frank@harveyfrank.com (Blue Cross/Blue Shield of Maine)
Judith Chamberlain, Esq. State of Maine Department of the Attorney General 6 State House Station Augusta, Maine 04333-0006 e-mail: judy.chamberlain@state.me.us (Bureau of Insurance)
William H. Laubenstein, Esq. State of Maine Department of the Attorney General 6 State House Station Augusta, Maine 04333-0006 e-mail: bill.laubenstein@state.me.us (Office of the Attorney General)
Gregory A. Brodek, Esq. Duane, Morris & Heckscher, LLP 15 Columbia Street, 4th Floor Bangor, Maine 04401-6355 e-mail: gabrodek@duanemorris.com (Maine Health Alliance)
Joseph P. Ditre, Esq. Consumer Health Law Program One Weston Court, Level One P.O. Box 2490 Augusta, Maine 04338-2490 e-mail: jditre@mainecahc.org (Consumers for Affordable Health Care Foundation/Coalition)
Michele M. Garvin, Esq. Ropes & Gray One International Place Boston, Massachusetts 02110-2624 e-mail: Mgarvin@Ropesgray.com (Central Maine Healthcare Corporation; Central Maine Partners Health Plan)
Robert I. Goldman Maine Council of Senior Citizens 27 Bowery Beach Road Cape Elizabeth, Maine 04107 e-mail: Rgoldma1@maine.rr.com (Maine Council of Senior Citizens)
Bonnie Post Executive Director of the Maine Ambulatory Care Coalition P.O. Box 390 Manchester, Maine 04351 e-mail: bdpmacc@mint.net (Sacopee Valley Health Center, Regional Medical Center at Lubec, Eastport Health Care, Inc., and the Maine Ambulatory Care Coalition)
John Dieffenbacher-Krall Executive Director Maine People’s Alliance 192 State Street Portland, Maine 04101 e-mail: MPA@gwi.net (Maine People’s Alliance)
Gordon H. Smith, Esq. Maine Medical Association 30 Association Drive P.O. Box 190 Manchester, Maine 04351 e-mail: gsmith@ctel.net (Thomas D. Hayward, M.D., Maroulla S. Gleaton, M.D., And the Maine Medical Association)
Donald E. Quigley, Esq. General Counsel 465 Congress Street, Suite 600 Portland, Maine 04101-3537 e-mail: quigld@mail.mmc.org (Putative Intervenor Maine Medical Center)
Sandra L. Parker, Esq. Attorney for MHA, Inc. 150 Capitol Street Augusta, Maine 04330 e-mail: sparker@themha.org (Putative Intervenor MHA, Inc.)
Kellie P. Miller, M.S. Executive Director Maine Osteopathic Association 693 Western Avenue Manchester, Maine 04351 e-mail: meosteo@mint.net (Putative intervenor Maine Osteopathic Association)
Edward Miller Executive Director American Lung Association of Maine 122 State Street Augusta, Maine 04330 e-mail: emiller@mainelung.org (Putative Intervenor American Lung Association of Maine) DATED: December 21, 1999 _____________________________ James B. Zimpritch, Esq. Jeffrey M. White, Esq. Catherine R. Connors, Esq. PIERCE ATWOOD One Monument Square Portland, Maine 04101 (207) 791-1100 Attorneys for Anthem Insurance Companies, Inc.
Last Updated: July 16, 2008 |
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