Document 515 : Docket No. 99-14 : Hearing Decision : 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	)
	)
and	)
	)	ORDER ON THE MAINE AMBULATORY
IN RE:	)	CARE COALITION’S MOTION FOR THE
APPLICATION OF ANTHEM	)	ENLARGEMENT OF TIME TO DESIGNATE
HEALTH PLAN OF MAINE, INC.	)	ISSUES AND FILE REPORTS OF EXPERTS
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)	)

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 MACC’s 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 responses of Blue Cross and Anthem to the provider group’s first discovery request.
The responses of Blue Cross and Anthem to requests 6, 7, 8, 9, 10, 11, 12, 13 and 16 of the Attorney General’s second discovery request.
The responses of Blue Cross and Anthem to requests 30, 52(b), 52(d), 55, 56, 62, 67, 68, 106, and 107 of the Superintendent’s second discovery request.

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 23^rd or visited the repository on February 23^rd (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 MACC’s 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 Bureau’s 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

DATED: _____________________

ALESSANDRO A. IUPPA

Superintendent of Insurance