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> Document 464 : INS 99-14 : Hearing Decision
STATE OF MAINE
In its Seventh Supplement to its Response to the Second Discovery Request of the Superintendent ("Response"), Applicant Anthem Insurance Companies, Inc., on behalf of its subsidiary to be formed, Anthem Health Plans of Maine, Inc., d/b/a Anthem Blue Cross and Blue Shield (collectively "Anthem"), has identified documents that warrant confidential treatment and has submitted those materials to the Superintendent labeled as such. Pursuant to the October 19, 1999 Protective Order, Anthem submits the following memorandum in support of such treatment. Anthem requests confidential treatment for a limited number of documents all of which contain information that is proprietary to Anthem, and/or reflects Anthem’s internal analysis of the July 1999 value of BCBSME and would benefit Anthem’s competitors and/or harm Anthem if publicly disclosed. Specifically, after reviewing the documents in the Response, Anthem hereby requests that the following responses should be designated confidential and disclosed only in the manner set forth below:
Anthem has, on prior occasions, submitted memoranda in support of confidential treatment that set forth the law generally applicable to confidential treatment of information under the Maine Civil Rules of Procedure and developed in Maine’s caselaw. (See, e .g., Memoranda in Support of Confidential Treatment of (1) Anthem’s Response to Superintendent’s Second Discovery Request, and (2) Supplement to the Form A.) To avoid repetition, Anthem incorporates these memoranda by reference. The majority of the documents responsive to question number 22 reflect Anthem’s confidential business plans and financial projections. The Superintendent has already determined that Anthem’s financial projections are confidential and the projections and business plans contained in the referenced documents are confidential for the same reasons. A subset of the responsive documents (AN-03818 and AN-03844 to AN-03849) contains Anthem’s internal valuation information of BCBSME at the time the Asset Purchase Agreement was executed. Anthem previously submitted a memorandum of law setting forth the law and reasoning in support of highly confidential treatment for Anthem’s internal valuation information. See Anthem’s Memorandum in Support of Confidential Treatment for Response to AG’s First Request, dated January 24, 2000. Anthem incorporates that memorandum by reference. Until the deal with BCBSME is consummated, the referenced documents are extremely sensitive and would be valuable to competitors as well as injure Anthem’s ability to negotiate in the future. Considering the minimal, if any, relevance of the documents and the harm to Anthem if the documents were disclosed, the level of protection Anthem requests is warranted. These documents are identified as "HIGHLY CONFIDENTIAL – FOR BUREAU, AG, AND BCBSME TRIAL COUNSEL EYES ONLY." For these reasons, Anthem respectively requests that the Superintendent designate the above-referenced materials as confidential, subject to disclosure only under the terms outlined above and exempt from disclosure under the FOAA. DATED: February 29, 2000
CERTIFICATE OF SERVICE The undersigned hereby certifies that on February 29, 2000, a copy of Anthem’s Memorandum in Support of Confidential Treatment for the Seventh Supplemental Response to the Superintendent’s Second Request was served by electronic mail or via 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. John Doyle, Jr., Esq. Attorneys for MHA, Inc. 150 Capitol Street Augusta, Maine 04330 e-mail: sparker@themha.org jdoyle@preti.com (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)
DATED: February 29, 2000 _____________________________ James B. Zimpritch, Esq. Jeffrey M. White, Esq. Catherine R. Connors, Esq. PIERCE ATWOOD Portland, Maine 04101 (207) 791-1100 Attorneys for Anthem Insurance Companies, Inc.
Last Updated: August 22, 2012 |
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