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Maine.gov > PFR Home > Insurance Regulation > Hearing Decision Index > Document 515 : INS 99-14 : Hearing Decision
Following a prehearing conference held October 29, 1999, the Superintendent of Insurance issued a Procedural Order establishing March 2, 2000 as the deadline for the filing of expert reports and March 3, 2000 as the deadline for filing a designation of issues. On March 2, 2000 the Maine Ambulatory Care Coalition (MACC) filed a request for the enlargement of time to March 21, 2000 to file its designation of issues and reports of experts. The basis for MACCs request is the delay in obtaining copies of documents from the repository established by counsel for Anthem for the benefit of intervening parties.
MACC filed its application to intervene on October 29, 1999. The application was granted on November 12, 1999. A representative of MACC attended the prehearing conference held October 29, 1999 at which the Superintendent established a number of deadlines including the deadlines mentioned above. A Procedural Order was issued on November 4, 1999 confirming the deadlines established. The Notice of Hearing was issued on November 5, 1999.
MACC asserts it cannot meet the deadlines because it did not receive all of the documents it requested from the Applicants until March 1, 2000 or after. Further, MACC states the copies received were voluminous and unindexed. Specifically, MACC requested, on February 23, 2000, copies of the following:
The information requested by MACC was filed with the Superintendent on or about February 22, 2000; January 26 and 27, 2000; and December 17 and 23, 1999, respectively. MACC could have requested much of the documentation earlier than February 23rd or visited the repository on February 23rd (or earlier) to review the material on file and request copies only of what was of interest. The responsibility for accessing and reviewing the records filed in this proceeding is that of MACC. The Applicants, particularly the Pierce Atwood staff, have sought to accommodate the parties and should not be faulted for MACCs delay in reviewing materials readily available at the repository, at the offices of the Consumers for Affordable Health Care, at the Bureau of Insurance, and, in some instances, on the Bureaus website.
Accordingly, the motion of MACC for an enlargement of time for the designation of issues and the filing of reports of experts is hereby DENIED. MACC may not file any reports of experts or present any expert testimony in this proceeding except by leave of the Superintendent.
PER ORDER OF THE SUPERINTENDENT OF INSURANCE
ALESSANDRO A. IUPPA
Superintendent of Insurance
Last Updated: August 22, 2012
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