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> Document 60 : INS 99-14 : Hearing Decision
November 16, 1999
Alessandro A. Iuppa Superintendent of Insurance c/o Lyndy Morgan Docket No. INS-99-14 Maine Department of Professional & Financial Regulation Bureau of Insurance 124 Northern Avenue Gardiner, Maine 04345
Re: Anthem / Blue Cross Blue Shield of Maine Filing coversheet Dear Lyndy: Enclosed for filing (two paper copies and two discs via regular mail) please find the following:
SUBMITTED BY: Catherine R. Connors DATE: November 16, 1999 DOCUMENT TITLE: Applicants’ Response To CAHC’s Motion to Enlarge Time DOCUMENT TYPE: Pleading CONFIDENTIAL INFORMATION: No
Sincerely,
Catherine R. Connors
cc: Robert S. Frank, Esq. (via regular and electronic mail) Judith Chamberlain, Esq. (via regular and electronic mail) William Laubenstein, Esq. (via regular and electronic mail) Gregory A. Brodek, Esq. (Maine Health Alliance) (via regular and electronic mail) Andrew B. MacLean, Esq. (Thomas D. Hayward, M.D., Maroulla S. Gleaton, M.D., and the Maine Medical Association) (via regular mail) Joseph P. Ditre, Esq. (Consumers for Affordable Health Care Foundation/Coalition) (via regular and electronic mail) Michele M. Gavin, Esq. (Central Maine Healthcare Corporation) (via regular mail) Robert I. Goldman (Maine Council of Senior Citizens) (via regular and electronic mail) Bonnie Post (Sacopee Valley Health Center, Regional Medical Center at Lubec, Eastport Health Care, Inc. and the Maine Ambulatory Care Coalition) (via regular mail) John Dieffenbacher-Krall (Maine People’s Alliance) (via regular mail)
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION BUREAU OF INSURANCE
On November 12, 1999, Consumers for Affordable Health Care ("CAHC") filed a Motion to Enlarge Time ("Motion") to respond to the Superintendent’s November 4, 1999 Procedural Order and Notice of Hearing. According to the Motion, the basis for the requested enlargement of time is that, because of the Superintendent’s stated desire for coordination, the CAHC could not respond to the orders until the Superintendent acted on the then-pending motions to intervene. If, as it appears from the Motion, the CAHC seeks leave to address coordination issues, the Motion has been superseded by the Superintendent’s November 12, 1999 Order Granting Applications to Intervene. In that order, the Superintendent instructed intervenors such as the CAHC to confer with each other by November 19 as to coordination issues. (See Intervention Order at 3: ordering intervenors "to confer and make a written submission . . . suggesting how the intervenors may be grouped for purposes of coordinating discovery and suggesting a process for the coordination of discovery.") If, through its Motion to Enlarge, the CAHC seeks leave to respond to the Superintendent’s November 4th orders in a manner that might require a re-mailing and re-publication of the notice that the Superintendent ordered Blue Cross Blue Shield of Maine to give, Applicants object to CAHC’s Motion. At this juncture, any objection to the notice would be untimely. All parties and proposed intervenors were aware of the Superintendent’s directive to issue the notice, and Applicants made clear at the meeting held on Friday November 12, 1999 that issuance of the notice was imminent. No attendee, including joint counsel for CAHC and EAJT, suggested that the notice the Superintendent ordered to be mailed and published should be delayed or re-cast before publication and mailing. As it reported at Friday’s conference, BCBSME has this week already begun the process of issuing the notice to subscribers and the public, as per the Superintendent’s instructions. (See November 4, 1999 Procedural Order, Required Notice.) This process will be largely completed by November 19th (i.e., by the date the CAHC would envision submitting its response to the procedural order and notice of hearing). Accordingly, any objection that would require re-mailing of the notice is untimely, would be prejudicial to the Applicants, and should be rejected by the Superintendent. DATED: November 16, 1999 James B. Zimpritch, Esq. Catherine R. Connors, Esq. Attorney for Anthem Insurance Companies, Inc. PIERCE ATWOOD One Monument Square Portland, ME 04101 (207) 791-1100
Robert S. Frank, Esq. Attorney for Blue Cross and Blue Shield of Maine HARVEY & FRANK Two City Center, Fourth Floor Portland, Maine 04101 (207) 775-1300
CERTIFICATE OF SERVICE The undersigned hereby certifies that on November 16, 1999, a copy of the Applicants’ Response To CAHC’s Motion to Enlarge Time was served by United States mail, first class postage prepaid, on each of the persons listed below.
Robert S. Frank, Esq. Harvey & Frank Two City Center P.O. Box 126 Portland, Maine 04112 (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 (Office of the Attorney General)
William H. Laubenstein, Esq. State of Maine Department of the Attorney General 6 State House Station Augusta, Maine 04333-0006 (Office of the Attorney General)
Gregory A. Brodek, Esq. Duane, Morris & Heckscher, LLP 15 Columbia Street, 4th Floor Bangor, Maine 04401-6355 (Maine Health Alliance)
Andrew B. MacLean, Esq. Maine Medical Association Frank O. Stred Building P.O. Box 190 Manchester, Maine 04351 (Thomas D. Hayward, M.D., Maroulla S. Gleaton, M.D., and the Maine Medical Association)
Joseph P. Ditre, Esq. Consumer Health Law Program One Weston Court, Level One P.O. Box 2490 Augusta, Maine 04338-2490 (Consumers for Affordable Health Care Foundation/Coalition)
Michele M. Garvin, Esq. Ropes & Gray One International Place Boston, Massachusetts 02110-2624 (Central Maine Healthcare Corporation)
Robert I. Goldman Maine Council of Senior Citizens 27 Bowery Beach Road Cape Elizabeth, Maine 04107 (Maine Council of Senior Citizens)
Bonnie Post Executive Director of the Maine Ambulatory Care Coalition P.O. Box 390 Manchester, Maine 04351 (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 (Maine People’s Alliance)
DATED: November 16, 1999 _____________________________ James B. Zimpritch, Esq. Catherine R. Connors, Esq. PIERCE ATWOOD Portland, Maine 04101 (207) 791-1100 Attorneys for Anthem Insurance Companies, Inc.
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