> Dirigo Health Filing

STATE OF MAINE
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
BUREAU OF INSURANCE

The record of the proceeding before the Dirigo Health Agency (DHA) which was transmitted to the Superintendent of Insurance contains: (a) DHA Exhibit 11, US Hospital Regression Output [Record Binder (RB) 4, tab 73]; (b) DHA Exhibit 12, Cluster 1 Regression Output [RB 4, tab 74]; and (c) Maine State Chamber of Commerce (Chamber) Exhibits 1-11, the pre-filed testimony and exhibits of Chamber witness Allen Dobson, PhD [RB 1, tabs 35-39, and RB 2, tabs 40-45]. As explained by the agency, DHA Exhibits 11 and 12 show "the output from the computer analysis of data" for its case-mix-adjusted discharge (CMAD) regression equation results. In Dobson's pre-filed testimony he describes or shows results from the replication of the data sets used by DHA to generate the CMAD results. See RB 1, tab 35 at p. 5, lines 1-6, p. 24, lines 1-2, p. 26, lines 1-2, p. 32, lines 1-2. From my initial review of the record, neither the final data sets used by the agency to generate DHA Exhibits 11 and 12 nor the replicated data sets created by Dobson as referred to in Chamber Exhibit 1 appear to be included in the record. While no party appears to have availed itself of the opportunity to request that DHA and/or the Chamber supplement the record with the underlying data sets referred to herein, I do so now. I deem the entry into evidence before the Dirigo Board of DHA Exhibits 11 and 12, and Chamber Exhibit 1 to justify the inclusion in the record of the underlying data sets used by DHA and the Chamber in support of their CMAD regression analyses. These data sets are relevant to my inquiry and are "the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs." 5 M.R.S.A. § 9057(2). I conclude that no prejudice will result to any party from my review of this evidence.

For all of the foregoing reasons, the Superintendent ORDERS that: (1) DHA produce the electronic file(s) of the final data sets used to generate DHA Exhibit 11 and DHA Exhibit 12; and (2) the Chamber produce the electronic file(s) of the replicated data sets pursuant to the testimony in Chamber Exhibit 1. Copies of the final and replicated data sets shall be provided in electronic form containing all the embedded data, labels, formulas, assumptions, and underlying electronic workpapers, as applicable. Production to the Superintendent of the electronic file(s) by DHA and the Chamber shall be made immediately in a manner consistent with the requirements for service of filings, but in no event shall the e-mail service copy be made later than 12:00 noon on September 2, 2008.

On a related matter, the Superintendent further ORDERS the Dirigo Board to file electronic copies of any and all material submitted in paper form only in its August 12, 2008 filing, to the extent that electronic copies of any such information exist in the agency's possession.

PER ORDER OF THE SUPERINTENDENT OF INSURANCE

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