STATE OF MAINE
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
BUREAU OF INSURANCE
| IN RE: |
) |
|
| Application of Associated Hospital Services |
) |
|
| of Maine dba Blue Cross and Blue Shield |
) |
|
| of Maine to Convert to a Stock Insurer |
) |
|
| and Voluntarily Liquidate and Dissolve |
) |
CAHC’s AND MACC’s |
| |
) |
JOINT RESPONSE TO THE |
|
) |
ATTORNEY GENERAL’S |
| and |
) |
MOTION FOR EXTENSION OF |
| |
) |
DEADLINE FOR SUBMISSION |
| IN RE: |
) |
OF CLOSING ARGUMENTS AND |
| Application of Anthem Health Plan of Maine, Inc. |
) |
FOR ADDITIONAL PUBLIC |
| to Acquire the Assets of Associated Hospital |
) |
COMMENT PERIOD |
| Services of Maine dba Blue Cross and Blue Shield |
) |
|
| of Maine and Related Transactions |
) |
|
|
) |
|
| Docket No. INS-99-14 |
) |
|
| (CONSOLIDATED) |
) |
|
NOW COME Consumers for Affordable Health Care (CAHC), by and through its counsel, and
the Maine Ambulatory Care Coalition (MACC), by and through its representative, and
respectfully respond to the Attorney General’s motion to the Superintendent to
establish an additional period for public comment on the above captioned applications and
state as follows:
- BCBSME is a publicly owned asset by Maine statute and orders of the Superintendent of
Insurance.
- On Saturday, April 8th, many members of the public expressed the view that
they needed more time to thoroughly consider the information presented at the evidentiary
hearing and through the discovery process in order to rationally reflect on the
transaction before being able to present meaningful comment to the Superintendent.
- Maine legislators convened a special meeting to address concerns of legislators who had
taken numerous calls from their constituents about the proposed sale on Friday, April 7,
2000.
- The Attorney General convened a meeting with lawmakers on April 8th. The
sentiments and concerns of lawmakers are reflected in the Attorney General’s letter
to you dated April 10, 2000 which included the inability of the public to absorb and react
to evidence presented after a week of complex evidentiary hearings, the refusal of Anthem
to commit to maintaining a statewide provider network, Anthem’s business and consumer
practices, concern over the valuation and its timing, and the loss of Maine’s only
non-profit insurer.
- On Tuesday, April 11, 2000, the Maine House of Representatives passed one joint to
require the Superintendent to develop and submit legislation for consideration in the 2001
legislative session that would "establish a state plan guaranteeing access to and
availability of health care coverage for all residents of the state affected by…the
proposed sale and conversion of BCBSME";
- Wednesday, April 12, 2000’s edition of the Bangor Daily News quotes a BCBSME
representative in reference to maintaining a statewide provider network as saying
"They [Anthem] just won’t make that guarantee." See pg. B1 and B6
- The Maine Legislature will undertake discussion of a Joint Resolution entitled
"Joint Resolution Memorializing the Board of Directors of Blue Cross and Blue Shield
of Maine to Reconsider the Proposed Sale to Anthem Insurance Companies, Inc. and Asking
the Superintendent of Insurance to Review the Proposed Sale." Regardless of whether
such a measure would pass, the joint resolution reflects legislative concerns and those of
the public contacting their legislators.
- As newspaper accounts continue to report, the public is concerned that they are not
receiving the full value of their publicly owned asset and they want more time to reflect
on the proposed sale.
- One way of informing the public in a manner that condenses the multitude of technical
information into an understandable form is to keep the public comment period open for a
minimum of two weeks after closing arguments are filed on Friday, April 14, 2000.
WHEREFORE, CAHC and MACC respectfully join in the Attorney General’s motion and
support his motion that prior to issuing a final decision in this matter the
Superintendent schedule additional opportunity for public comment no sooner than two weeks
from the date that closing arguments are filed.
Dated: April 12, 2000
Respectfully submitted,
________________________ __________________________
Joseph P. Ditre, Esq.
Bonnie
Post, Ex. Dir.
Dale Lavi, Esq.
Maine
Ambulatory Care Coalition
CAHC Foundation
Patrick F. Ende, Esq.
Maine Equal Justice Partners
Counsel to CAHC Coalition
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on April 12, 2000, a copy of Consumers for
Affordable Health Care’s and Maine Ambulatory Care Coalition’s Joint Response To
The Attorney General’s Motion for Extension Of Deadline For Submission Of Closing
Arguments And For Additional Public Comment Period was served by electronic mail, hand
delivery, or 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.) |
| William H. Laubenstein, Esq. |
Donald E. Quigley, Esq. |
| State of Maine |
Maine Health |
| Department of the Attorney General |
465 Congress Street, Ste. 600 |
| 6 State House Station |
Portland, ME 04101-3537 |
|
Augusta, Maine 04333-0006 |
|
|
| John Dieffenbacher-Krall |
Sandra Parker |
| Executive Director |
Maine Hospital Association |
| Maine People’s Alliance |
150 Capitol Street |
| 192 State Street |
Augusta, ME 04330 |
| Portland, Maine 04101 |
|
|
|
| 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 |
|
| Maine Osteopathic Association |
|
| RR 2, Box 1920 |
|
| Manchester, Maine 04351 |
|
_______________________________
Dated: April 12, 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, 2nd floor
P.O. Box 5347
Augusta, ME
Ph: (207) 626-7058/Fx:621-8148
Email: pende@mejp.org
Bonnie Post, Executive Director
Maine Ambulatory Care Coalition
P.O. Box 390
Manchester, ME 04351
Ph: (207)621-0677/Fx:621-0577
Email: bdpmacc@mint.net
