STATE OF MAINE
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
BUREAU OF INSURANCE
| IN RE: |
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| APPLICATION OF ASSOCIATED |
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| HOSPITAL SERVICE OF MAINE |
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| d/b/a BLUE CROSS AND BLUE |
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| SHIELD OF MAINE TO CONVERT |
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| TO A STOCK INSURER AND |
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| VOLUNTARILY LIQUIDATE |
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| AND Dissolve |
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| and |
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ORDER ON WITNESSES AND |
| IN RE: |
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EXPERT TESTIMONY |
| APPLICATION OF ANTHEM |
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| HEALTH PLAN OF MAINE, INC. |
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| TO ACQUIRE THE ASSETS OF |
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| ASSOCIATED HOSPITAL |
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| SERVICE OF MAINE d/b/a |
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| BLUE CROSS AND BLUE SHIELD |
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| OF MAINE AND RELATED |
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| TRANSACTIONS |
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| Docket No. INS-99-14 |
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| (CONSOLIDATED) |
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By this Order, the Superintendent comprehensively addresses a variety of interrelated
issues dealing with the designation of witnesses and with expert testimony in the
above-captioned proceeding.
- DESIGNATION OF WITNESSES
On March 15, 2000, Anthem Insurance Companies, Inc. (hereinafter, "Anthem")
filed a motion to strike Consumers for Affordable Health Care’s (hereinafter,
"CAHC") and Maine Medical Association’s (hereinafter, "MMA")
Designations of Witnesses, and to partially strike MHA, Inc.’s [Maine Hospital
Association’s] Listing of Witnesses. Anthem moved to preclude CAHC and MMA from
offering the designated witnesses and to strike that part of their filings listing expert
witnesses, and moved to strike that part of MHA’s filing listing expert witnesses.
One of Anthem’s bases for moving to exclude expert witnesses is the
Superintendent’s Orders of March 3rd and 8th precluding
intervenors from offering expert testimony. In response to those Orders, CAHC, MMA and MHA
requested leave to file and submit expert testimony, including recent supplemental filings
by CAHC and MMA on this issue.
Anthem also filed on March 27, 2000 a motion in opposition to Intervenors’ motions
regarding witnesses and issues.
- CAHC. CAHC’s March 10th filing identifies the names of three
witnesses offered as experts. Issues surrounding expert testimony are addressed in Part
II, below, of this Order.
- MMA. MMA’s March 10th filing identifies numerous witnesses. Except
for Jay Boekhoff and Randall P. Herman of Reden & Anders, and Richard Sigmund from
Temple University, all of who appear to be offered as experts, the remainder of the
witnesses are offered as fact witnesses. Persons considered by the Superintendent to be
fact witnesses are limited to offering lay, as opposed to expert, testimony only on those
issues properly before the Superintendent for consideration in this proceeding.
Gordon H. Smith, Esquire, Executive Vice President and General Counsel of MMA, is
offered as a fact witness. Mr. Smith also provides legal representation in this proceeding
to MMA and executed a written confidentiality agreement in his capacity as legal counsel
to MMA pursuant to which he has been provided access to confidential materials. The
Superintendent rules that MMA must either (a) withdraw the offer of Mr. Smith as a fact
witness in this proceeding, or (b) terminate Mr. Smith’s legal representation of MMA
in this proceeding and his right to access confidential materials.
Anthem’s motion to strike MMA’s designation of all other fact witnesses,
excluding Mr. Smith, is OVERRULED. Issues surrounding expert testimony are addressed in
Part II, below, of this Order.
(c) MHA. MHA’s March 10th filing identifies numerous witnesses.
Except for David P. Cluchey from the University of Maine School of Law, James W. Meehan
from Colby College, and Paul Letalien from Baker, Newman & Noyes, all of who are
offered as experts, the remainder of the witnesses are offered as fact witnesses. Persons
considered by the Superintendent to be fact witnesses are limited to offering lay, as
opposed to expert, testimony only on those issues properly before the Superintendent for
consideration in this proceeding.
Anthem does not move to strike MHA’s designation of fact witnesses. Issues
surrounding expert testimony are addressed in Part II, below, of this Order.
- EXPERT TESTIMONY
On March 27, 2000 Anthem filed a motion in opposition to Intervenors’ motions
regarding witnesses and issues. One of the issues before the Superintendent is whether he
should reconsider his March 3rd and 8th Orders prohibiting the
presentation of expert testimony by CAHC, MMA and MHA. After careful review and
consideration of all of the pleadings by the parties regarding expert testimony,
Anthem’s motion in opposition to Intervenors’ motions on expert testimony is
DENIED, and CAHC’s, MMA’s and MHA’s motions for leave to file and present
expert testimony are GRANTED subject to the following:
- Scope. Experts are limited to testifying only on those issues properly before the
Superintendent for consideration in this proceeding;
- Qualifications. Witnesses must be properly qualified as experts on the issues for
which they are going to offer expert testimony;
- Prefiling. The deadline for the prefiling of expert testimony by CAHC, MMA and MHA
is hereby set at no later that 3:00 p.m. on Thursday, March 30, 2000; and
- Hearing. CAHC, MMA and MHA must be fully prepared to recommence the hearing in this
matter at the Bureau’s offices in Gardiner, Maine, beginning at 9:00 a.m. on Monday,
April 3, 2000.
PER ORDER OF THE SUPERINTENDENT OF INSURANCE
DATED: March 27, 2000
_______________________________
ALESSANDRO A. IUPPA
Superintendent of Insurance
Last Updated:
March 27, 2012
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