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> Document 588 : INS 99-14 : Hearing Decision
STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION BUREAU OF INSURANCE
NOW COMES Intervenor, MHA, Inc. (MHA), through its undersigned counsel, and files this Supplemental Memorandum in support of its March 22 Motion for Leave to File and Present Expert Testimony. MHA seeks to call attention to analogous circumstances where the Superintendent is permitting expert testimony to come into this proceeding without the prior filing of a "report" and at a point in time coincident with the March 28 deadline for prefiled testimony. This is the practical result MHA seeks in its March 22 filings with respect to testimony from Professors Meehan and Cluchey – with the exception that MHA has already filed and served on all parties the substance of the testimony it proposes to offer. Specifically, at Friday’s procedural meeting, AAG Judith Chamberlain reported to representatives of the parties that a witness from Arthur Anderson, retained by the Bureau of Insurance, would be presenting testimony regarding valuation issues in the form of Prefiled Testimony on or before March 28, 2000. In further colloquy, representatives of the parties noted that the Superintendent by allowing this procedure had seen fit to permit expert testimony to be part of this proceeding, notwithstanding the absence of the filing of an expert "report" on or before March 2, 2000. Counsel to MHA noted it would be filing this supplemental argument in support of its March 22 Motion. AAG Chamberlain acknowledged this avenue was available to any of the parties. Against this background, MHA urges that the Superintendent apply to MHA the same standard that he is applying to the Bureau’s witness, that expert testimony may be presented as Prefiled Testimony, notwithstanding a party’s failure to provide it in a report. Furthermore, as is the case in the context of the Arthur Anderson testimony, such testimony is not always susceptible to presentation in a report format. Accordingly, for this and the reasons previously set forth in our pending March 22 filing, it is fair, just and appropriate to permit MHA to present its expert testimony in the form of Prefiled Testimony, as appended to its March 22 filing. DATED: March 24, 2000 Respectfully submitted,
CERTIFICATE OF SERVICE The undersigned hereby certifies that on March 24, 2000 a copy of MHA, INC.’s, SUPPLEMENTAL MEMORANDUM IN SUPPORT OF ITS MARCH 22 MOTION FOR LEAVE TO FILE EXPERT TESTIMONY was served via hand delivery, regular mail or electronic mail on each of the persons listed below.
Jeffrey M. White, Esq. Catherine R. Connors, Esq. PIERCE ATWOOD Portland, Maine 04101 (207) 791-1100 (Anthem Insurance Companies, Inc ) Robert S. Frank, Esq. HARVEY & FRANK Two City Center, Fourth Floor P.O. Box 126 Portland, Maine 04101 (207) 775-1300 e-mail: frank@harveyfrank.com (Blue Cross/Blue Shield of Maine) Judith Chamberlain, Esq. State of Maine Department of the Attorney General 286 Water Street 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 286 Water Street 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) Michel Lafond, Esq. Sulloway & Hollis P.O. Box 1256 Concord, New Hampshire 03302-1256 (co-counsel for 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: March 24, 2000
___________________________________ Charles F. Dingman, Esq. Attorney for MHA, Inc. PRETI, FLAHERTY, BELIVEAU, PACHIOS & HALEY, LLC One City Center P.O. Box 9546 Portland, Maine 04112-9546 (207) 791-3000
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