STATE OF MAINE
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
BUREAU OF INSURANCE
| IN RE: APPLICATION OF ASSOCIATED HOSPITAL SERVICE OF MAINE,
d/b/a BLUE CROSS AND BLUE SHIELD OF MAINE, TO CONVERT TO A STOCK INSURER AND VOLUNTARILY
LIQUIDATE AND DISSOLVE |
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IN RE: APPLICATION OF ANTHEM HEALTH PLAN OF MAINE, INC.,
TO ACQUIRE THE ASSETS OF ASSOCIATED HOSPITAL SERVICE OF MAINE, d/b/a BLUE CROSS AND BLUE
SHIELD OF MAINE, AND RELATED TRANSACTIONS Docket NO. INS 99-14 (CONSOLIDATED) |
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MHA, INC.’s OBJECTIONS AND RESPONSES TO FIRST DISCOVERY
REQUEST OF APPLICANTS
February 16, 2000 |
NOW COMES MHA, Inc. (MHA) pursuant to the Superintendent’s November 4, 1999
Procedural Order, and responds to Applicants’ First Discovery Request to MHA, Inc.
dated February 4, 2000, as follows:
GENERAL OBJECTIONS
MHA objects to Information Requests 1-27 on each of the several bases set forth in
these General Objections. Counsel for MHA is conferring with counsel for Applicants in an
effort to narrow the issues separating them. In the event that these informal discussions
yield a narrowing of positions, or a mutually acceptable compromise, counsel for MHA will
supplement this response. In the meantime, and pursuant to BOI Rule Chapter 350, Section
10.B.(3), MHA delineates the following objections and reserves all its rights as follows:
GENERAL RESERVATION BASED ON ATTORNEY-CLIENT / WORK
PRODUCT PRIVILEGE
Counsel for MHA have not yet had an opportunity to review all of the documents that
may be responsive to the Discovery Request. To prevent inadvertent disclosure of
privileged materials, and subject to the resolution of the following General Objections,
MHA objects to every request to the extent it calls for production of information or
documents subject to attorney-client or work product privileges. In the event that
disclosure of documentation is required notwithstanding the following provisions of its
General Objection, MHA will identify the privileged documents and, at the time of the
responsive filing, provide a more specific objection.
GENERAL OBJECTIONS-PROCEDURAL ORDER AND TIMING ISSUES
Applicants’ Information Requests No. 1-27 are premature and are contrary to the
Procedural Order entered by the Superintendent on November 4, 1999. In substance,
Applicants’ Requests are tantamount to requests for MHA’s Pre-filed testimony
and Exhibits. These are not due or another six weeks under the Procedural Order. The
Superintendent’s Procedural Order established a Schedule of Proceedings, which
included within it, inter alia, the following dates.
February 18, 2000 Deadline for Serving Responses to Discovery Requests.
March 2, 2000 Deadline for submission of Reports of Experts.
March 28, 2000 Deadline for filing of Prefiled Testimony and Exhibits.
Elsewhere in this Procedural Order, the Superintendent sets forth the following
explicit requirements, with respect to pre-filed testimony:
On the deadline established pre-filed testimony [March 28,2000], any party
wishing to submit evidence shall pre-file with the Superintendent written testimony and
exhibits of each witness whom they propose to present in support of their direct cases.
The Superintendent’s Notice of Hearing dated November 5, Part III, established as
the standard of review a listing of some 26 issues which are described to be "issues
to be considered by the Superintendent in this proceeding [and] include the following
legal standards of review".
Information Requests 1-20 in Applicants’ First Discovery Request to MHA, Inc. pick
up and repeat, virtually verbatim, the substance and content of each of the
Superintendent’s above-referenced listing of the "issues to be considered"
and legal standards of review as articulated by the Superintendent in his November 4, 1999
Order.
Requests 21 – 27 seek other information or documentation that, if ultimately
pursued by MHA, would properly be part of its Prefiled Testimony and Exhibits. Each
Information Request goes on to seek "in detail all facts, analyses and other
information of any kind upon which [MHA] base, or which support, that contention" and
all documents which MHA may rely.
Accordingly, pursuant to this First Discovery Request, Applicants are seeking extremely
detailed information and documents that are the substantive equivalent of Reports of
Experts and Pre-filed testimony and Exhibits. Reports of Experts are not due until March
2, 2000. Pre-filed testimony and exhibits are not due until March 28, 2000.
BOI Rules of Practice, Chapter 350, §10.B(2), states as follows:
Information requests shall be relevant to the issues involved in the pending
proceeding, and shall note be unduly burdensome or repetitious.
The Superintendent’s Procedural Order extends to MHA, and other intervening
parties, the right defer their filing of pre-filed testimony and accompanying exhibits
until March 28, 2000, and not before. Therefore, Information Request No 1 through 27 are
objectionable as being premature and contrary to the Superintendent’s Procedural
Order. Further, they are unduly burdensome and repetitious to the extent they seek this
information six weeks ahead of the time frame established by the Superintendent.
The Superintendent’s Procedural Order establishes a logical progression and
sequence in these proceedings, building upon each preceding step. Against this background,
the Information Requests of Applicants would limit the ability of MHA, and other
Intervenors, to file complete and appropriate Pre-filed Testimony, with accompanying
exhibits, following a full opportunity to review Applicant’s responses to all
discovery requests, the submission of reports of experts, and the filing of requests for
taking of official notice.
GENERAL OBJECTIONS BASED ON GROUNDS UNDER RULES 26 AND 33
MHA further objects to this Information Request on the ground that its scope is
impermissibly burdensome and excessive or contrary to requirements of Rules 26 and 33 of
the Maine Rules of Civil Procedure. Rule 33(a) of the Maine Rules of Civil Procedure
provides that where there is an objection to an Information Request "the reasons for
the objection shall be stated in lieu of an answer." M.R.Civ.P. 33(a). BOI
Rule Chapter 350 §10B(3) likewise requires objections to be filed with the
Superintendent. The permissible scope of an Information Request is limited under Rule
33(b) of the Maine Rules of Procedure to "matters which can be inquired into under
Rule 26(b)…" M.R.Civ.P. 33(b). In that connection, MHA objects to this
Information Request on the following three underlying bases:
- MHA objects to this Information Request to the extent that it calls for the production
of materials or disclosure of information that constitute(s) privileged attorney-client
communications. Rule 26(b) limits the scope of Discovery to a non-privileged
matter. M.R.Civ.P. 26(b)(1). Consequently, the scope of this Information Request is
impermissible on that basis.
- MHA objects to this Information Request to the extent that it requests materials that
have been prepared or collected in anticipation of litigation or for trial. The Rule
allows discovery of material "prepared in anticipation of litigation or for trial . .
. only upon a showing that the party seeking discovery has substantial need of the
materials in the preparation of the party’s case and that the party is unable
without undue hardship to obtain the substantial equivalent of the materials by other
means. [Emphasis added.]" M.R.Civ.P. 26(b)(3). At face value, the
Applicants’ First Discovery Request seeks information that was developed, or may be
developed, in anticipation of litigation or for trial without having made the required
showing a substantial need and an inability to obtain the information by other means
without undue hardship to the Applicant. Consequently, the scope of this Information
Request is impermissible on that basis.
- MHA objects to this Information Request to the extent that it requests the disclosure of
the mental impressions, conclusions, opinions, or legal theories of an attorney or other
representative of the MHA concerning this administrative proceeding. The information
sought must be reasonably calculated to lead to the discovery of admissible evidence,
not an impermissible effort to detect the confidential legal strategy of an opposing
party. M.R.Civ.P. 26(b)(3). Even where the opposing party has made the required showing
that the opposing "party is unable without undue hardship to obtain the substantial
equivalent of the materials by other means," the Rule provides that "the court
shall protect against disclosure of the mental impressions, conclusions, opinions, or
legal theories of an attorney or other representative of a party concerning the
litigation." M.R.Civ.P. 26(b)(3). Consequently, the scope of this Information Request
is impermissible on that basis.
OBJECTIONS TO ELEMENTS OF DEFINITIONS AND INSTRUCTIONS
- Paragraph 2 of the Definitions and Instructions states:
With respect to any documents not produced on the basis of claim of privilege, identify
each such document and the type of privilege claimed, setting forth sufficient facts
relating to the nature of each such document to establish that it is within the scope of
the privilege.
Objections: In light of the General Objections outlined above, these instructions
are overly broad, unduly burdensome and seek irrelevant information, or information that
is properly objectionable on the bases set forth in the General Objections.
- Paragraph 3 of the Definitions and Instructions states:
This Request for Informational Request is and should be considered a continuing request
for the documents and information identified herein up to and including the date of the
evidentiary hearing before the Superintendent of Insurance.
Objections: In light of the General Objections outlined above, these instructions
are overly broad, unduly burdensome and seek irrelevant information, or information that
is properly objectionable on the bases set forth in the General Objections
- Paragraph 4 of the Definitions and Instructions states:
The terms "you" "your" and "MHA, Inc." shall include, but
not be limited to, MHA, Inc., its subsidiaries, agents, employees, and all persons who
have acted or purported to act on its behalf.
Objections: MHA views as unduly burdensome any obligation to respond in behalf of
"persons who have acted or purported to act on its behalf".
Response to Particular Requests
- Do you contend or expect to contend that, after the proposed change of control, Anthem
Health Plans of Maine d/b/a Anthem Blue Cross and Blue Shield ("AHP") could not
satisfy the requirements for the issuance of a certificate of authority according to
requirements in force at the time of the issuance of its certificate of authority to do
the insurance business which it intends to transact in this State (24-A M.R.S.A. §§
222(7)(A)(1), 400 - 428, and 3476(2)(B))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the effect of the proposed purchase of BCBSME
by Anthem, or the proposed transfer to AHP of BCBSME’s contracts through bulk
reinsurance, may be substantially to lessen competition in insurance in this State or tend
to create a monopoly therein, or would violate the laws of this State or of the United
States relating to monopolies or restraints of trade (24-A M.R.S.A. §§ 222(7)(A)(2),
3476(2)(D) and 3483(2)(E))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the financial condition of Anthem is such as
would jeopardize the financial stability of BCBSME or its two HMO subsidiaries, Maine
Partners and Central Maine Partners, or prejudice the interest of their policyholders or
enrollees (24-A M.R.S.A. § 222(7)(A)(3))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that Anthem or AHP has plans or proposals to
liquidate, to sell the assets of, to merge, or to make any other major change in the
business or corporate structure or management of BCBSME or its two HMO subsidiaries, Maine
Partners and Central Maine Partners, that would be unfair or prejudicial to policyholders
or enrollees (24-A M.R.S.A. §§ 222(7)(A)(4))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the competence, experience and integrity of
those persons who propose to control the operation of AHP and BCBSME’s two HMO
subsidiaries, Maine Partners and Central Maine Partners, indicate that it would not be in
the interest of policyholders, enrollees or the public to permit them to do so (24-A
M.R.S.A. § 222(7)(A)(5))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that Anthem is not qualified by character,
experience and financial responsibility to control and operate AHP and BCBSME’s two
HMO subsidiaries, Maine Partners and Central Maine Partners, or cause them to be operated,
in a lawful and proper manner (24-A M.R.S.A. § 3476(2)(A))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that Anthem or AHP, or any of its directors,
officers or other managers are incompetent, dishonest, untrustworthy, of unfavorable
business repute, or so lacking in insurance company managerial experience in operations of
the kind proposed in this State as to make such operation, currently or prospectively,
hazardous to, or contrary to the best interests of, the insurance-buying or investing
public of this State?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that Anthem or AHP is affiliated directly or
indirectly with any person or persons of unfavorable business repute, or whose business
operations in this State or elsewhere are or have been marked, to the injury of insurers,
stockholders, policyholders, creditors or the public, by illegality, or by manipulation of
assets, or of accounts, or of reinsurance or by bad faith (24-A M.R.S.A. § 407(2))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the proposed acquisition of control of BCBSME
by Anthem, including the proposed acquisition of the stock of BCBSME’s two HMO
subsidiaries, Maine Partners and Central Maine Partners, would tend to affect adversely
the contractual obligations of BCBSME or its two HMO subsidiaries, Maine Partners and
Central Maine Partners, or their ability and tendency to render service in the future to
their policyholders, enrollees and the public (24-A M.R.S.A. § 222(7)(A)(7))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the interests of BCBSME, its two HMO
subsidiaries, Maine Partners and Central Maine Partners, policyholders of those entities,
or other stockholders of BCBSME’s two HMO subsidiaries, Maine Partners and Central
Maine Partners, would be impaired through the proposed acquisition by Anthem (24-A
M.R.S.A. § 3476(2)(C))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the terms and conditions of BCBSME’s
proposed conversion plan are unfair and inequitable or that BCBSME’s proposed
conversion plan would adversely affect, in any manner, the services to be rendered to
subscribers (24 M.R.S.A. §§ 2301(9-D)(E)(1) and (9-D)(L))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that, immediately after, and giving effect to the
terms of, BCBSME’s proposed conversion, the converted stock insurer would be in
unsafe and unsound financial condition and would have paid-in capital stock and surplus in
amounts less than the minimum paid-in capital stock and surplus set forth under Title
24-A, section 410 required of a domestic stock insurer authorized to transact like kinds
of insurance (24 M.R.S.A. § 2301(9-D)(E)(5))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that BCBSME’s management has, through reduction
in volume of new business written or cancellation or through any other means, sought to
reduce, limit, or affect the number or identity of BCBSME’s subscribers to be
entitled to participate in the conversion plan or to secure for the individuals comprising
management any unfair advantage through the conversion plan (24 M.R.S.A. §
2301(9-D)(E)(6))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that BCBSME’s proposed conversion plan is
inconsistent with the proposed charitable trust plan or adversely affects the distribution
of BCBSME’s value to the charitable trust (24 M.R.S.A. § 2301(9-D)(E)(8))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that BCBSME’s proposed conversion plan does not
comply with all applicable law (24 M.R.S.A. § 2301(9-D)(E)(9))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the proposed plan and agreement of bulk
reinsurance between BCBSME and AHP is unfair or inequitable to any insurer or to
policyholders involved (24-A M.R.S.A. § 3483(2)(A))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the proposed bulk reinsurance agreement between
BCBSME and AHP, if effectuated, would substantially reduce the protection or service to
the policyholders of BCBSME or its two HMO subsidiaries, Maine Partners and Central Maine
Partners (24-A M.R.S.A. § 3483(2)(B))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the proposed bulk reinsurance agreement between
BCBSME and AHP does not embody adequate provisions by which AHP becomes liable to the
original insureds of BCBSME for any loss or damage occurring under the policies reinsured
in accordance with the original terms of such policies (24-A M.R.S.A. § 3483(2)(C))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you have other objections to the proposed bulk reinsurance agreement between BCBSME
and AHP (24-A M.R.S.A. § 3483(2)(F))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that objection(s), and
- provide all documents upon which you base, or which support, that objection(s).
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that BCBSME’s proposed plan of voluntary
dissolution is unlawful or unfair or inequitable or prejudicial to the interests of any
stockholder, policyholder or creditor (24-A M.R.S.A. § 3484(2))?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Do you contend or expect to contend that the price to be paid by Anthem does not reflect
the fair market value of the BCBSME assets to be acquired by Anthem?
If so, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- If you contend that the proposed transaction between Anthem and BCBSME does not satisfy
one or more of the relevant statutory inquiries set forth in the Superintendent’s
November 4, 1999 Notice of Hearing, please state whether your contention is because Anthem
is the acquiring insurer, or whether your contention would be the same no matter the
identify of the acquirer.
If the former, please
- state in detail all facts, analyses and other information of any kind upon which you
base, or which support, that contention, and
- provide all documents upon which you base, or which support, that contention.
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA provides this
response. MHA has not determined whether it contends, or expects to contend, in the manner
set forth in this Information Request. MHA will make its determinations on these issues in
the context of preparing its Prefiled Testimony and Exhibits. Under the
Superintendent’s Procedural Order of November 4, 1999, Prefiled Testimony and
Exhibits are not due to be filed until March 28, 2000.
- Please identify all experts you expect to provide testimony in this case. With respect
to each expert, state the compensation paid, or to be paid, to the expert; the subject
matter of his or her testimony; the substance of all facts and opinions to be offered by
the expert; a summary of the grounds for each opinion; a summary of his or her
qualifications; and provide the expert’s curriculum vitae, a list of all the
expert’s publications, and identify and provide any written reports, notes,
memoranda, or other documents prepared by or for the expert in connection with his or her
opinions (including any drafts thereof) and all documents and information reviewed by,
considered, and/or relied upon by the expert when analyzing, evaluating, or investigating
any matter related to the transactions proposed in this case (If the source material is
published, please provide the citation).
OBJECTIONS: MHA incorporates by reference each element of the General Objection
set forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE:
Subject to and without waiving the preceding objections, MHA responds that it has
not identified, at this point, any experts it expects will provide testimony in this case.
It reserves the right to make a timely filing on this issue consistent with the deadlines
imposed by the Procedural Order of November 4, 1999 of March 2, 2000, the deadline for
submission of Reports of Experts, and March 28, 2000, the deadline for filing Prefiled
Testimony and Exhibits.
- Please provide all documents which support, or would tend to support, approval of
Anthem’s proposed acquisition of BCBSME, or satisfaction of any of the relevant
statutory inquiries. If you contend that any of the relevant statutory inquiries is not
satisfied in this case, include in your response any documents that would contradict,
criticize, or call into question or doubt, that contention(s).
OBJECTIONS: MHA objects to Request No. 24 on the grounds that it seeks
information that is properly the burden of applicants to produce in their Prefiled
Testimony; it is overly broad, and it would be overly burdensome to produce and/or obtain
the requested information. In addition, MHA incorporates by reference each element of the
General Objection set forth above and reserves all rights under the November 4, 1999
Procedural Order to set forth Prefiled Testimony and accompanying Exhibits, if any, at the
time Prefiled Testimony is due, i.e. March 28, 2000.
RESPONSE:
If you are an association, coalition or alliance, please provide all documents
(including board, packets, board minutes, and memoranda) reflecting discussions by the
association’s board of directors trustees or its officers concerning any of the
following topics: 1) the conversion of BCBSME to a for-profit stock form; 2) the sale of
the assets of BCBSME to Anthem or its subsidiaries; 3) the conduct of Anthem or its
subsidiaries as a health insurer; or 4) the financial prospects of BCBSME at any time
after January 1, 1998.
OBJECTIONS: MHA incorporates by reference each element of the General Objection
set forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000. Without limiting the scope of the general objections,
MHA objects to the production of any documents within the scope of this request that were
prepared following December 22, 1999, the date on which MHA’s intervention as a party
in these proceedings was granted by the Superintendent of Insurance, as these minutes
reflect lawyer-client communications, materials prepared in anticipation of litigation and
work product.
RESPONSE: No documents exist that were dated or prepared prior to December 22,
1999, the date MHA became an Intervenor, and fit within the scope of the description of
Inquiry No. 25. Following December 22, 1999, certain Board minutes were prepared. MHA
declines to produce these as they reflect discussions involving Board members and their
counsel and are thus privileged and protected under the lawyer-client privilege and work
product doctrines or as materials prepared in anticipation of litigation.
- If you are an association, coalition or alliance, please provide all written or printed
statements (including, without limitation, letters, newsletters, correspondence, e-mails,
computerized files) provided to association members, media (newspapers, television,
radio), or governmental officials (other than the Maine Bureau of Insurance) concerning
any of the following topics: 1) the conversion of BCBSME to a for-profit stock form; 2)
the sale of the assets of BCBSME to Anthem or its subsidiaries; 3) the conduct of Anthem
as a health insurer; 4) the financial prospects of BCBSME at any time after January 1,
1998.
OBJECTIONS: MHA incorporates by reference each element of the General Objection
set forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE: Non-privileged documents within this category , if any exist, will be
provided on or before February 18, 2000.
- Please provide all documents concerning the purpose, intent, or meaning of Chapter 344
of the Laws of 1997 (L.D. 1849), including without limitation memoranda, press releases,
proposed or actual testimony).
OBJECTIONS: MHA incorporates by reference each element of the General Objection set
forth above and reserves all rights under the November 4, 1999 Procedural Order to set
forth Prefiled Testimony and accompanying Exhibits, if any, at the time Prefiled Testimony
is due, i.e. March 28, 2000.
RESPONSE: Non-privileged documents within this category, if any exist, will be
provided on or before February 18, 2000.
DATED: February 16, 2000
| ______________________________ |
_____________________________ |
| Sandra L. Parker, Esq. Esq. |
John P. Doyle, Jr., Esq. |
| Attorney for MHA, Inc. |
Attorney for MHA, Inc |
| MHA, Inc. |
PRETI, FLAHERTY, BELIVEAU, |
| 150 Capitol Street |
PACHIOS & HALEY, LLC |
| Augusta, Maine 04330 |
One City Center |
| e-mail: sparker@themah.org
|
P.O. Box 9546 |
|
Portland, Maine 04112-9546 |
|
(207) 791-3000 |
|
jdoyle@preti.com |
|
|
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on February 16, 2000 a copy of MHA, INC.’s
OBJECTIONS AND RESPONSES TO FIRST DISCOVERY REQUEST OF APPLICANTS was served via hand
delivery, regular mail or electronic mail on each of the persons listed below.
Jeffrey M. White, Esq.
Catherine R. Connors, Esq.
PIERCE ATWOOD
One Monument Square
Portland, Maine 04101
(207) 791-1100
(Anthem Insurance Companies, Inc )
Robert S. Frank, Esq.
HARVEY & FRANK
Two City Center, Fourth Floor
Portland, Maine 04101
(207) 775-1300
(Blue Cross and Blue Shield of Maine)
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)
Michel Lafond, Esq.
Sulloway & Hollis
P.O. Box 1256
Concord, New Hampshire 03302-1256
mal@sulloway.com
(co-counsel for Maine Medical Association)
Donald E. Quigley, Esq.
General Counsel
465 Congress Street, Suite 600
Portland, Maine 04101-3537
e-mail: quigld@mail.mmc.org
(Maine Medical Center)
Sandra L. Parker, Esq.
Attorney for MHA, Inc.
150 Capitol Street
Augusta, Maine 04330
e-mail: sparker@themha.org
(MHA, Inc.)
Kellie P. Miller, M.S.
Executive Director
Maine Osteopathic Association
693 Western Avenue
Manchester, Maine 04351
e-mail: meosteo@mint.net
(Maine Osteopathic Association)
Edward Miller
Executive Director
American Lung Association of Maine
122 State Street
Augusta, Maine 04330
e-mail: emiller@mainelung.org
(American Lung Association of Maine)
DATED: February 16, 2000
_____________________________
John P. Doyle, Jr., Esq.
Attorney for MHA, Inc.
PRETI, FLAHERTY, BELIVEAU, PACHIOS & HALEY, LLC
One City Center
P.O. Box 9546
Portland, Maine 04112-9546
(207) 791-3000
JPD\G:\MHA\2000\MHA Response to Discovery Requests.doc (February 11, 2000 11:55 AM)
Last Updated:
August 22, 2012
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