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> Document 386 : INS 99-14 : Hearing Decision
February 18, 2000 VIA HAND DELIVERY Alessandro A. Iuppa Superintendent of Insurance c/o Lyndy Morgan Docket No. INS-99-14 Maine Department of Professional & Financial Regulation Bureau of Insurance 124 Northern Avenue Gardiner, Maine 04345
Re: Anthem / Blue Cross Blue Shield of Maine
Dear Superintendent Iuppa: The purpose of this letter is to request a conference among the Superintendent and parties to this proceeding concerning the responses by Intervenors to Discovery Requests initiated by the Applicants. On February 4, 2000, the Applicants served their First Discovery Request (the "Request") on all of the Intervenors. Most of the items in the Request tracked each of the relevant statutory inquiries set forth in the Superintendent’s November 4, 1999 Notice of Hearing, and asked each Intervenor to (1) state whether they contend, or expect to contend, that the Applicant’s or the proposed transactions do not satisfy the relevant statutory criteria, and, if so, (2) provide the facts, analyses and documents which support the contention. Applicant’s fashioned the Requests in this way to obtain relevant information, but also to reduce the burden on the Intervenors of providing information concerning issues which they will not address or pursue at the April 3, 2000 hearing. Various Intervenors have responded to the Request in one or more of several ways: (1) by objecting to the Requests; (2) by stating that they have not yet formed opinions on the issues involved in the case; (3) by stating they need to review information supplied by the Applicant’s before they are able to respond; and/or (4) by asserting that there is no duty to provide the requested information until March 28, 2000, when prefiled testimony is due. (See MPA, CACH and MCSC Objections dated February 14, 2000; MHA, Inc’s. Objections dated February 16, 2000; and Maine Osteopathic’s Response dated February 17, 2000.) ( Central Maine Healthcare Corp. and Maine Medical Center have indicated that they have no present intention to contend that the acquisition will not meet the statutory criteria.) The Applicant’s have responded to the Objections of MPA, CACH, MCSC and MHA in separate filings today, and reference is made to the arguments of the Applicant’s set forth in those filings. The adjudicatory hearings in this proceeding are set for April, 3, 2000. In light of that fact, and the period of time during which the Intervenors have been participants in this proceeding, the Applicants are entitled to timely responses to the discovery they have initiated from all Intervenors who may participate in the hearings. We request that the Superintendent hold a conference with counsel on this issue at his earliest convenience. We are available to participate at any time Tuesday through Friday of next week, February 22-25, 2000.
Sincerely,
cc: Robert S. Frank, Esq. (via hand delivery Judith Chamberlain, Esq. (via hand delivery) William Laubenstein, Esq. (via hand delivery) Michele M. Garvin, Esq. (via email) Gordon H. Smith, Esq. (via email) Gregory A. Brodek, Esq. (via email) Joseph P. Ditre, Esq. (via email) Robert I. Goldman (via email) Bonnie Post (via email) John Dieffenbacher-Krall (via email) Donald E. Quigley, Esq. (via email) Sandra L. Parker, Esq. (via email) Kellie P. Miller, M.S. (via email) Edward Miller (via email) CERTIFICATE OF SERVICE The undersigned hereby certifies that on February 18, 2000 a copy of Anthem Insurance Companies, Inc.’s Requesting Conference of Counsel was served by United States mail, first class postage prepaid, email, or where indicated by hand delivery, 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 (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 18, 2000
Last Updated: November 18, 2009 |
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