Document 63 : Docket No. 99-14 : Hearing Decision : Bureau of Insurance

STATE OF MAINE
DEPARTMENT OF PROFESSIONAL & FINANCIAL REGULATION
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	)	Public Intervenors’ Proposal for
	)
In re: Application of Anthem Health	)	Coordination of Discovery
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	)
	)
Docket No. INS 99-14	)
	)
	)

NOW COMES the Maine Medical Association ("MMA"), through counsel, pursuant to the Superintendent’s Order Granting Applications to Intervene of The Maine Health Alliance, Maine Medical Association, Maine Council of Senior Citizens, Consumers for Affordable Health Care, Maine People’s Alliance, Maine Ambulatory Care Coalition, and Central Maine Healthcare Corporation dated November 12, 1999 and Bureau of Insurance Rule Chapter 350(10) and states as follows:

1. The Superintendent has ordered all intervenors, other than the Attorney General, (the "public intervenors") to confer and to submit a written proposal "suggesting how the intervenors may be grouped for purposes of coordinating discovery and suggesting a process for the coordination of discovery."

2. Counsel for MMA have consulted with counsel or representatives for the other public intervenors and have been authorized to submit this proposal for the public intervenors.

3. Counsel for Central Maine Healthcare Corporation ("CMHC") have participated in the consultation directed by the Superintendent and have submitted CMHC’s position on discovery in this matter by letter dated November 17, 1999. A copy of the letter is attached hereto as Exhibit A and is incorporated herein.

4. The public intervenors, with the exception of CMHC, suggest that they be divided into two groups for purposes of coordinating discovery. The "provider group" will include the MMA, the Maine Ambulatory Care Coalition ("MACC"), and The Maine Health Alliance ("TMHA"). The "consumer group" will include the Consumers for Affordable Health Care ("CAHC"), the Maine People’s Alliance ("MPA"), and the Maine Council of Senior Citizens ("MCSC").

5. Counsel for CAHC will ensure that the consumer group coordinates its discovery requests to eliminate duplication.

6. Counsel for the MMA will be responsible for receiving written discovery requests from other members of the provider group; assembling the requests into one document eliminating duplicative requests; and filing the requests with the Superintendent.

7. With respect to a "process for the coordination of discovery," the public intervenors suggest that the provider group and the consumer group each are willing to limit themselves to three discovery requests during the discovery period in this matter. Each group will submit its first discovery requests on or before January 1, 2000, and may submit second and third requests on or before the discovery deadline, February 4, 2000.

8. The public intervenors submit that this proposal balances their interests in conducting effective discovery in this matter with the Superintendent’s interest in avoiding a duplication of efforts and conducting an efficient proceeding.

9. The public intervenors limit this proposal for coordination strictly to the discovery phase of this matter and do not waive any rights, pursuant to 5 M.R.S.A. §9056 or other law, to present evidence and argument independent of one another at the hearing in this matter.

WHEREFORE, the MMA respectfully requests that the Superintendent issue an Order incorporating this proposal.

Dated at Manchester, Maine November 19, 1999.

_________________________________________

Gordon H. Smith

_________________________________________

Andrew B. MacLean

Attorneys for the Maine Medical Association

Maine Medical Association

30 Association Drive, P.O. Box 190

Manchester, Maine 04351

207-622-3374

207-622-3332 (Fax)