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Maine.gov > PFR Home > Insurance Regulation > Hearing Decision Index > Document 278 : INS 99-14 : Hearing Decision
STATE OF MAINE
Now come Consumers for Affordable Health Care (CAHC), by and through its attorneys, with their Response to Anthems Memorandum in Support of Confidential Treatment and Request for Confidential Treatment dated January 24, 2000. CAHC anticipates that the Superintendent may issue an Order and wants to notify the Superintendent of its general concerns with Anthems request for confidential treatment of certain documents. CAHC has not received responses to its first discovery request and will be meeting with counsel for the applicants to review potential objections on Monday, February 7, 2000. In addition, CAHC will be submitting its second discovery request today, February 4, 2000 and anticipates further objections.
As part of its Memorandum in Support of Confidential Treatment dated January 24, 2000, Anthem Insurance Companies, Inc. requests that any party other than those they have identified therein be denied access to certain documents because of their confidential nature. Anthem requests this in spite of the fact that, pursuant to the October 19, 1999 Protective Order, counsel for CAHC has signed Confidentiality Agreements on file with the Superintendent.
There is nothing in any Procedural Orders or Protective Orders issued by the Superintendent, nor in Rule 350, nor in the Maine Administrative Procedure Act that contemplates allowing access to documents to certain parties while denying that same information to counsel for another party where signed confidentiality agreements have been executed. Indeed, Anthem cites no authority supporting its request.
By signing the Confidentiality Agreement, counsel for CAHC are legally bound to use confidential information solely for the purposes of this proceeding. Additionally, no officer or employee of CAHC is allowed to have access to this confidential information. Restrictions in the Confidentiality Agreements, along with the other restrictions in the Superintendents Orders, protect Anthems interest in the confidential information.
By requesting that information be released to three of the parties but not to counsel for the other parties including CAHC, Anthem seems to be asserting the proposition that counsel for other parties including counsel for CAHC cannot be trusted to live up to their contractually binding agreement and, moreover, will violate the Superintendents Orders regarding confidentiality. Anthem, however, has made no showing to support such a proposition. In fact, any violation of the Superintendents Orders would expose CAHCs counsel to severe penalties including discipline under the Maine Bar Rules.
For these reasons, CAHC asks the Superindentent to reject Anthems request and provide access to documents to CAHCs counsel.
Last Updated: August 22, 2012
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