Document 566 : Docket No. 99-14 : Hearing Decision : Bureau of Insurance

STATE OF MAINE
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
BUREAU OF INSURANCE
34 STATE HOUSE STATION
AUGUSTA, MAINE 04333-0034

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	)
	)	CONSUMERS FOR
	)	AFFORDABLE HEALTH
	)	CARE’S RESPONSE TO
And	)	ANTHEM’S OBJECTIONS TO
	)	INTERVENORS’
	)	DESIGNATION OF ISSUES
	)
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	)
	)
Consolidated Docket No. INS 99-14	)

Now comes Consumers for Affordable Health Care ("CAHC"), through its attorneys, and submits its Response to Anthem’s Objections to Intervenors’ Designations of Issues. On February 23, 2000, the Superintendent issued an Order requiring all parties to file a Designation of Issues no later than March 3, 2000. The purpose of this Order was to focus the attention of the Superintendent on specific issues that fall clearly within the 26 issues identified in the notice of hearing.

In its Objections, Anthem first attempts to strike all but two of the issues designated by MHA, Inc. on the grounds that they are irrelevant. Next, Anthem turns its attention to CAHC and MCSC. Since all of the issues stated are clearly relevant, Anthem chooses to attempt to strike all the issues on the grounds that the Designation does not meet the standard set out by the Superintendent in his Order. However, every designation clearly touches on very specific issues. Indeed, Anthem does not mention even one designation to show how it is defective. Anthem just broadly asserts that the entire Designation is "vague", "does not provide any meaningful information", is "wholly inadequate".

Every designation includes a cite to the specific statutory requirements and lists in detail specifically what issues CAHC and MCSC may address.

WHEREFORE, CAHC respectfully urges the Superintendent to deny the objections raised by Anthem and requests a hearing on Anthem’s objections.

Dated: March 17, 2000

Joseph P. Ditre, Esq.

Dale Lavi, Esq.

Consumer Health Law Program

A Program of CAHC Foundation

One Weston Court, Level One

P.O. Box 2490

Augusta, ME 04338-2490

Ph: (207) 622-7083/ Fx:622-7077

Email: jditre@mainecahc.org

Patrick Ende, Esq.

Maine Equal Justice Partners

65 State Street, 2^nd floor

P.O. Box 5347

Augusta, ME

Ph: (207) 626-7058/Fx:621-8148

Email: pende@mejp.org

Counsel for CAHC

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on March 17, 2000, a copy of the above was served by United States mail, first class postage prepaid, on each of the persons listed below.

Robert S. Frank, Esq. James B. Zimpritch, Esq.

Harvey & Frank Catherine R. Connors, Esq.

Two City Center Pierce Atwood

P.O. Box 126 One Monument Square

Portland, Maine 04112 Portland, Maine 04101

(Blue Cross/Blue Shield of Maine) (Anthem Insurance Companies, Inc.)

Judith Chamberlain, Esq. Michele M. Garvin, Esq.

State of Maine Ropes & Gray

Department of the Attorney General One International Place

6 State House Station Boston, Massachusetts 02110-2624

Augusta, Maine 04333-0006 (Central Maine Healthcare Corp.)

(Office of the Attorney General)

William H. Laubenstein, Esq. Robert I. Goldman

State of Maine Maine Council of Senior Citizens

Department of the Attorney General 27 Bowery Beach Road

6 State House Station Cape Elizabeth, Maine 04107

Augusta, Maine 04333-0006 (Maine Council of Senior Citizens)

(Office of the Attorney General)

John Dieffenbacher-Krall

Gregory A. Brodek, Esq. Executive Director

Duane, Morris & Heckscher, LLP Maine People's Alliance

15 Columbia Street, 4^th Floor 192 State Street

Bangor, Maine 04401-6355 Portland, Maine 04101

(Maine Health Alliance) (Maine People's Alliance)

Andrew B. MacLean, Esq. Bonnie Post

Maine Medical Association Executive Director or the Maine

Frank O. Stred Building Ambulatory Care Coalition

P.O. Box 190 P.O. Box 390

Manchester, Maine 04351 Manchester, Maine 04351

(Thomas D. Hayward, M.D., (Sacopee Valley Health Center,

Maroulla S. Gleaton, M.D., Regional Medical Center at Lubec,

And the Maine Medical Association) Eastport Health Care, Inc., and the

Maine Ambulatory Care Coalition)

Kellie Miller Sandra Parker

Maine Osteopathic Association Maine Hospital Association

RR 2, Box 1920 150 Capitol Street

Manchester, Maine 04351 Augusta, ME 04330

Donald E. Quigley, Esq.

Maine Health

465 Congress Street, Ste. 600

Portland, ME 04101-3537

(MaineHealth)