IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS THIRD DIVISION ARKANSAS SURGICAL HOSPITAL, LLC, farmers 1g; 19:33 THE SURGICAL HOSPITAL OF gm. . - Erma Clerk JONESBORO, LLC, OUACHITA REGIONAL - DIAGNOSTIC SURGERY CENTER d/b/a HEALTHPARK HOSPITAL PETITIONERS V. .. NO. CV-08-11239 JAY BRADFORD, ARKANSAS INSURANCE COMMISSIONER RESPONDENT V. ARKANSAS BLUE CROSS BLUE SHIELD, UNITED HEALTHCARE OF ARKANSAS, INC., UNITED HEALTH CARE INSURANCE COMPANY, ARKANSAS HOSPITAL ASSOCIATION, AND SISTERS OF MERCY SYSTEM INTERVENORS RESPONSE OF INTERVENOR UNITED HEALTH CARE TO MOTION FOR LEAVE TO TAKE LIMITED DISCOVERY Intervenors United Healthcare of Arkansas, Inc. and United Healthcare Insurance Company (hereafter referred to collectively as ?United?) respond to Petitioners? Motion for Leave to Take Limited Discovery as follows. I. Introduction- These consolidated. appeals arise out of two decisions by former Insurance Commissioner Julie Bene?eld Bowman. The ?rst decision was an administrative declaratory order interpreting certain of the statutes in question. Commissioner Bowman issued the declaratory order on March 21, 2008. The second decision was the Commissioner?s ?nal decision on the merits with respect to all remaining claims. Commissioner Bowman issued this ?nal decision on the merits on September 15, 2008. - Subsequent to her ?nal decision on the merits on September 15, 2008, Commissioner?Bowman did initiate an inquiry about the possibility of employment with Intervenor United. On December 19, 2008, United did offer the Cornniissioner Bowman a position, which she accepted.1 Commissioner Bowman started employment with United on January 12, 2009, twelve days after her term as Insurance Commissioner ended. The Petitioners have ?led a Motion for Limited Discovery. At one point, the Petitioners? motion states that it only seeks information regarding ?the timing, facts, and circumstances surrounding the I Commissioner?s employment with United.? See Petitioners? Motion at p. 2. As set forth more fully below, United has no objection to making all of the pertinent facts regarding ?the timing, facts, and circumstances surrounding the Commissioner?s employment with United? clear on the record. United respectfully submits that no discovery is needed to have those facts clearly established on the record. Other portions of the Petitioners? motion seek to go far beyond ?the timing, facts, and circumstances surrounding the Commissioner?s employment with United? and to engage in an ill-de?ned ?shing expedition that is entirely unwarranted and plainly objectionable. 1 As a matter of strict accuracy, United wishes to note that Commissioner Bowman is not employed by either of the United corporate entities that are parties to this proceeding. Commissioner Bowman is employed by a different United entity which is under common ownership and control with the two United entities that are the parties to this proceeding. United does not attach any legal signi?cance to the fact that Commissioner Bowman is working for a United corporate entity that is distinct from the two United entities that are parties to this proceeding. 2 II. The Timing, Facts, and Circumstances Surrounding Ms. Bowman?s mployment by United United did not initiate any communications to, or receive any communications from, Commissioner Bowman prior to September 15, 2008, relating directly or indirectly to the possibility of her employment with United. ?7 The ?rst time that Commissioner Bowman had any communication with United, its attorneys, or anyone purporting to represent United, regarding the possibility of employment with United was On September 24, 2008. On that date Commissioner Bonan had lunch with Nicholas Thompson at a meeting of the National Association of Insurance Commissioners in National Harbor, Maryland. At that luncheon, Commissioner Bowman told Mr. Thompson that a commissioner from another state had suggested that she Consider seeking employment with United and that United would bene?t from having her as an employee. Commissioner Bowman asked Mr. Thompson if he thought United might have interest in employing her or whether he knew of any other employment opportunities. Mr. Thompson stated that he knew of a position at United that vacant, and he agreed to inform the company that Commissioner Bowman might be interested in employment with United. Mr. Thompson indicated that he did not know of any other employment Opportunities, but he encouraged Commissioner Bowman to pursue any appropriate contacts that she might have available. Later that same day Mr. Thompson informed Anita Bachman, United?s Regional Vice President for Regulatory Affairs Southeast Region, 2 For the sake of completeness, United wishes to note that its counsel did have two other contacts with Commissioner Bowman that related to her future employment, but those contacts did not relate to employment with United. First, on September 21, 2008 Commissioner Bowman had dinner with Bill Woodyard. At that dinner Commissioner Bowman and Mr. Woodyard had a general discussion about the economics of private law practice. Commissioner Bowman did not ask for any position of employment in this conversation; and no offer to consider her for employment Was made or discussed. Second, on April 26, 2007 Ms. Bowman informed Mr. Thompson about a possible employment opportunity she had learned about that involved partnership in an insurance regulatory consulting ?rm. Commissioner Bowman asked Mr. Thompson what he thought a partnership in such an insurance regulatory consulting ?rm might entail. There was no discussion of the possibility of Commissioner Bowman?s employment with anyone other than the insurance regulatory consulting firm in connection with this inquiry. 3 . of his conversation with Commissioner Bowman. Ms. Bachman asked Mr. Thompson if he thought Commissioner Bowman would be interested in the position of Director of Regulatory Affairs Southeast Region, a position for which United would soon be interviewing applicants. The next communication between Commissioner Bowman and any representative of United regarding the possibility of employment occurred on October 6, 2008. On that date Commissioner Bowman sent Mr. Thompson an e?mail message asking him to call her when he had a chance to talk about United. Shortly thereafter Mr. Thompson called Commissioner Bowman and suggested that she prepare a resume to submit to United. On October 26, 2008 Commissioner Bowman sent Mr. Thompson a resume. Shortly thereafter Commissioner Bowman and Mr. Thompson discussed the resume, her interest in health insurance and working in government and regulatory affairs, her willingness to relocate to a location other than Little Rock if necessary, and the potential value she might be able to offer United through her contacts with insurance commissioners and regulatory staff around the country. On November 3, 2008, Mr. Thompson forwarded Commissioner Bowman?s resume to Ms. Bachman. In the transmittal message, Mr. Thompson informed Ms. Bachman. of Commissioner Bowman?s interest in health insurance and government and regulatory affairs, her willingness to relocate if necessary, and her belief that her contacts with other insurance commissioners and regulatory staff could be helpful to United. Ms. Bachman reviewed the resume and suggested to Mitchell Zamoff, the General Counsel of the United Healthcare segment of UHG, that an interview be scheduled. On November 12, 2008, Mr. Zamoff asked Mr. Thompson to see if Commissioner Bowman would meet with him for an interview the following week. Mr. Thompson did contact Ms. Bowman and she agreed to an interview. Mr. Zamoff interviewed Commissioner Bowman on November 17, 2008, in Little Rock. In that 7 interview Mr. Zamoff and Commissioner Bowman discussed two possible positions. One would be a proposed new position involving coordination of national regulatory strategy for United. The second would be to ?ll a vacancy in the position of Director of Regulatory Affairs Southeast Region. Approximately two weeks later, on December 1, Mr. Zamoff called Commissioner Bowman and informed her that new position for coordinating national regulatory strategy would not be in United?s budget in 2009. Mr. Zamoff suggested that Commissioner Bowman consider the position of Director of Regulatory Affairs Southeast Region. Commissioner Bowman agreed to do so. In that call, Mr. Zamoff suggested that Commissioner Bowman meet with Ms. Bachman and Garland Scott, United?s Regional CEO, to discuss the Director of Regulatory Affairs Southeast Region position. Commissioner Bowman indicated that she would be available to meet at the December NAIC meeting in Grapevine, Texas. Ms. Bachman did meet with Commissioner Bowman on or about December 7 at the NAIC meeting in Texas. Thereafter, Garland Scott talked with Commissioner Bowman on or about December 12, 2008. Commissioner Bowman submitted a formal application for employment 'with' United on-line on December 17, 2008. On December 19, 2008, Anita Bachman called Commissioner Bowman and offered her employment as United?s Director of Regulatory Affairs ?w Southeast Region, starting after the end of her term as Arkansas Insurance Commissioner. Ms. Bowman accepted United?s offer on the same day, December 19, 2008. Commissioner Bowman?s term as ArkanSas Insurance Commissioner ended on December 31, 2008. Commissioner Bowman began her employment as United?s Director of Regulatory Affairs Southeast Region on January 12, 2009. Commissioner Bowman has been employed by United as the company?s Director of Regulatory Affairs Southeast Region full time since January 12, 2009. In this position Commissioner BOWman has responsibility for regulatory affairs in Arkansas and Tennessee. Commissioner Bowman?s responsibilities as a United employee do not include anything related to the litigation at issue in this proceeding, and she has been excluded from all discussions related directly or indirectly to the conduct of these appeals. After receiving Petitioners? Motion for Limited Discovery, United directed that a search of its ?les and the ?les of its counsel be conducted to identify any documents that re?ect or relate to any communications between the company, its counsel, or anyone else acting on behalf of United, regarding the possibility of Commissioner Bowman?s employment with United. Copies of all documents which have been identi?ed in this search are attached to this as Exhibit 1 of this Response. United is continuing this document search and will inform Petitioners if additional documents are identi?ed. Argument As noted above, the Petitioners? Motion for Limited Discovery is ambiguous in describing the discovery that Petitioners are requesting. On the one hand, the motion states that Petitioners are only seeking information regarding the ?the timing, facts, and circumstances surrounding the Commissioner?s employment with United.? United has no objection to disclosing the facts related to ?the'timing, facts, and circumstances surrounding the Commissioner?s employment with the. cempany respectfully submits that no discovery on this point is necessary or warranted in light 0f the facts disclosed in this Response. Other portions of the Petitioners? motion contain statements which indicate . that Petitioners hope to engage in a far?reaching and inappropriate ?shing expedition that is totally unwarranted and plainly objectionable. For example, Petitioners? Motion asks? at page 8 for: ?[p]roduction of documents from, and depositions of, the Commissioner and the corporate representatives of the Insurance Department and insurance companies. The focus of the discovery will be the Commissioner?s private sector job search and discussions. The depositions further will focus on ex parte dealings and communications 6 among the Commissioner, insurance companies and others, if any, regarding the issues in this case and the potential for bias.?_ Such a broad ranging line of discovery is not appropriate under any objective View of the facts. The factual narrative set out above fully satis?es the Petitioners? interest in learning ?the timing, facts, and circumstances surrounding the Commissioner?s employment with United.? There is nothing beyond those facts that would be pertinent or relevant to any appropriate inquiry. The Petitioners? motion professes concern about the possibility of inappropriate ex parte contacts, but those claims are totally without merit. First, the Petitioners claim that the Commissioner inappropriately limited their access to information gathered in the limited scope market conduct examinations. There was nothing inappropriate about limiting the Petitioners? access to the examination ?les. That was required by statute and relevant case law. Second, the Petitioners protest that ?incredibly? the Commissioner received ex parte testimony. There was nothing ex parte about the testimony. The simple fact is that a small portion of testimony was taken in camera because of trade secrets, proprietary, and'related concerns. All of the testimony was transcribed, and the examination in the in camera testimony was conducted largely, or entirely, by Petitioners? own counsel. The only hint of ex parte contacts in this case is that a state senator, someone the Petitioners listed and called a witness in support of their case, apparently had an ex parte discussion with the Commissioner regarding the statutes at issue during the course of the proceeding. See Transcript Vol. 11. pages 119-125 Vol. 111 pages 861-867, attached as Exhibit 2. There is no suggestion that United or any of the other parties engaged in any ex parte contacts. IV. ConclusiOn. In closing, United wishes to note that it does not agree with the characterization of the case law relating to disquali?cation contained in Pietitioners? motion. It is not necessary, however, to expound on the differences between the Petitioners? arguments and United?s understanding of the relevant law because under any view of the law the actions taken by Commissioner Bowman and United all occurred after her ?nal decision on the merits and therefore could not possibly have affected the fairness or validity of her decision. The facts set out in this response fully address any legitimate concern that could be raised regarding the Commissioner?s conduct. Based on the facts presented, there is no basis for allowing any further discovery. This is particularly true when measured against the ill-de?ned and essentially unlimited ?shing expedition proposed by Petitioners. For the reasons-stated above, United respectfully submits that the discovery requested by Petitioners is unwarranted and should be denied. Respectfully submitted, MITCHELL, WILLIAMS, SELIG, GATES WOODYARD, PLLC 425 West Capitol Ave., Suite 1800 Little Rock, AR 72201?3525 (501) 688-8800 Telephone (501) 688-8807 - Fax By ,6 Allan Gates, AR Bar No. 72040 Nicholas Thompson, AR Bar No. 80144 John K. Harriman, AR Bar No. 2007188 ATTORNEYS FOR UNITED HEALTHCARE OF ARKANSAS, INC. and UNITED HEALTHCARE INSURANCE COMPANY CERTIFICATE OF SERVICE A copy of the foregoing document has been served on the following counsel on this 13th. day Of February, 2009: Zane Chrisman, Esq. Arkansas Insurance Department 1200 West 3rd Street Little Rock, AR 72201-1904 H. William Allen, Esq. Kevin Lemley, Esq. Allen Law Firm 212 Center Street, Suite 950 Little Rock, AR 72201 John R. Tisdale, Esq. Adrienne Jung, Esq. M. Irby, Esq. Wright, Lindsey Jennings LLP 200 West Capitol Avenue, Suite 2300 Little Rock, AR 72201 Steven W. Quattlebaum, Esq. Joseph R. Falasco, Esq. Quattlebaum, Grooms, Tull Burrow PLLC 111 Center Street, Suite 1900 Little Rock, AR 72201 Elissa White, Esq. Arkansas Hospital Association 410 Natural Resources Drive Little Rock, AR 72205 Samuel A. Perroni, Esq. Shelly L. Hogan, Esq. The Perroni Law Firm PO. Box 9099 North Little Rock, AR 72119 Charles A. Gall, Esq. James W. Bowen, Esq. Hunton Williams, LLP 1445 Ross Ave, Suite 3700 Dallas, TX 75202 Robert D. Ridgeway, Jr. Esq. Frank B. Sewall, Esq. Arkansas Blue Cross Blue Shield 320 West Capitol Ave, 2nd Floor Little Rock, AR 72201 Jacqueline M. Saue, Esq. Foley Lardner LLP 3000 Street, N.W., Ste. 500 Washington, DC 20007 Allan Gates 129069l.l Message Page? 1. 9f, 3: Jamie Martin From: Nick Thompson Sent: Monday, December 01, 2008 1:18 PM To: 'Zamoff. Mitcheli'; 'Bachmann, Anita Cc: Jeff Thomas Subject: RE: Julie Bowman Thanks for the update Mitch. I hope you had a great Thanksgiving as weil. i MITCHELL i Nicholas Thompson 501.688.8834 501.918.7834 MitcheiiWiiliamsLaw.com 425 W. Capitol Ave. Ste. 1800 Little Rock. AR 7201 Mitchell. Williams, Selig, Gates Woodyard. P.L.L.C. Message??- . From: Zamoff, Mitchell Sent: Monday, December 01, 2008 1:13 PM To: Bachmann, Anita Cc: Nick Thompson; Jeff Thomas Subject: Julie Bowman Just spoke with Julie. Told. her there was no room in the budget in 09 for the "czar" position, but suggested that she might want to consider the TNIAR position. She is willing to do so. . I I mentioned the possibility of a meeting in Little Rock between you. her and Scottie sometime in December to discuss the position. She is open to that, but also offered that she would be at the HMO meeting and available to get together. My thought is that it might make sense for you to grab coffee with her in Grapevine and then follow up with Scottie if it makes sense. Her-cell (which is how she said to contact her) is 501-258-2684. She made a few comments about compensation which we should discuss before you get together with her. - Nick and Jeff. Hope everyone had a good Thanksgiving. Mitcheil E. Zamofi General Counsel UnitedHeaithcare Commercial. Markets Group 5901 Lincoln Drive Edina. MN 55436 (952) 992-6295 [Ph] (952) 992-5251 [Fax] mitgh.zamoff@uhc.ggm . This e-mail, including attachments, may include confidential and/or proprietary information. and may be used only by the person or entity to which it: is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent. the reader is hereby notified that: any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error", please notify the sender bv replying to this message and delete this e-mail immediately. PagelofI Jamie Martin From: Zamoff, Mitchell [mitch.zamoff@uhc.com] Sent: Monday, December 01. 2008 1:13 PM To: Bachmann. Anita I Go: Nick Thompson; Jeff Thomas Subject: Julie Bowman JUst spoke with Julie. Told her there was no room in the budget in 09 for the "czar" position, but suggested that she might want to consider the position. She is willing to do so. I mentioned the possibility of a meeting in Little Rock between you. her and Scottie sometime in December to discuss the position. She is open to that, but also offered that she would be at the NAIC meeting and available to get together. My thought is that it might make sense for you to grab coffee with her in Grapevine and then follow up with Scottie if it makes sense. Her? cell (which is how she said to contact her) is 501-258-2684. - She made a few comments about compensation which we should discuss before you get together with her. Nick and Jeff; FYI. Hope everyone had a good Thanksgiving. Mitchell E. Zamoff General Counsel UnitedHealthcare Commercial Markets Group 5901 Lincoln Drive Edina. MN 55436 (952) 992-6295 [Ph] (952) 992-5251 [Fax] mitch.zamoff@uhc.com This e-mail, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity- to whioh it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is{ prohibited. If you have received this e?mail in error, please notify the sender by replying to this message and delete this e?mail immediately. Jamie Martin From: Nick Thompson I . Sent: Wednesday, November19, 2008 6:50 AM 7. To: - JeffThomas-- .7 . 1 Subject: RE: Julie Bowman Nothing happened. I just wanted to update you on my convmmation With her. --?--Origina1 Message--a-- From: Jeff Thomas Sent: Tuesday, November 18, 2008 6:37 PM -To: Nick Thompson Subject: Re: Julie Bowman What happened? Jeftrey Thomas Mitchell Williams 425 W. Capitol Ave. Suite 1800 I Little Rock, AR 72201-3525 501.688.8879 501.519.7773 I 501.918.7879 MitchellWilliamsLaw.com From: Nick Thompson To: Jeff Thomas- Sent: Tue Nov 18 12:19:25 2008 Subject: Julie Bowman Call me when you have the chance. I need to update you. <> Nicholas Thompson 501.688.8834 501.918.7834 MitchellWilliamsLaw.com 425 w. Capitol Ave. Ste. 1800 Little Rock, AR 72201 M?mhell, Williams, Selig, Gates Woodyard, P.L.L.C. ass-.15 .-.- $2.153?mie Martin From: Julie Bowman [JulieBowman@arkansas.gov] Sent: Wednesday, November 12, 2008 9:42 AM To: Nick Thompson Subject: RE: United Monday would be best. Have I met Mitch? - From: Nick Thompson Sent: Wednesday, November 12, 2008 9:27 AM To: Julie Bowman Subject: united Julie, can you meet with Mitch Monday afternoon or Thursday of next week? - NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTERS ADDRESSED HEREIN. - This electronic mail transmission and any attachment may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission - - in error, please delete it from your system without copying it, and notify the sender by- reply e?mail or by calling (501) 688-8800, so that our address record can be corrected. Nick Thompson From: Nick Thompson . - . Sent: Monday, November 03, 2008 5:30 PM To: 'Bachmann. Anita Subject: FW: Resume Anita. as per your request here is Julie Bowman's resume. She adviSes me that she is interested in governmental affairs and regulatory affairs work. She will relocate if that is a job re?qdirement.._ She has a senior In high school who will be attending college in the fall of 2009. She believes she' has contacts among many state insurance commissioners and staff that would be bene?cial to an insurer. She is particularly interested in health insurance. Her term expires the ?rst part of January 2009. Her home email address is listed below and on the resume should you wish to contact her. Please let me know if I can be of further assistance. Thanks. i MITCHELL WILLIAMS i Nicholas Thompson 501.688.8834 501.918.7834 MitcheilWiliiamsLaw.com 425 W. Capitol Ave. Ste. 1800 Little Rock. AR 72201 Mitchell. Williams. Selig. Gates Woodyard. P.L.L.C. ("w-Original Message-m? From: julie.bowman.01@comcast.net Sent: Sunday, October 26, 2008 9:14 PM To: Nick Thompson Subject: Resume Page 1 of 1 Jamie Martin From: juiie.bowman.01@comcast.net_ Sent: Sunday. October 26, 2008 9:14 PM To: Nick Thompson Subject: Resume Nick, How's this for a homemade resume? Let's talk tomorrow. Thanks Julie Page liof 1- Jamie Martin From: Julie Bowman [JulieBowman@arkansas.gov] Sent: Wednesday, October 08. 2008 5:16 PM To: Nick Thompson Subject: Yikes! [just read that the insurance industry shed 5600 positions from August to September! Good gosh! Have you had a chance to talk to anyone at I may start to stress at some point. Page 1 of 1 Jamie Martin From: Julie Bowman [JulieBowman@arkansas.gov] Sent: Monday, October 06, 2008 12:10 PM To: Nick Thompson Subject: UHC When you get a chance to talk about UHC please call. Julie Partner, Insurance Regulatory practice - Page 1 of 1 Jamie Martin From: Julie Bowman [Julie.Bowman@arkansas.gov] Sent: Thursday, April 26, 2007 5:27 PM . - To: Nick Thompson Subject: FW: Partner. insurance Regulatory practice For our conversation From: Tony Charles Sent: Thursday, April 26, 2007 4:03 PM To: Julie Bowman Subject: Partner, Insurance Regulatory practice Hi Commissioner, i enjoyed our conversation and appreciate the time you shared. As promised, i have included a copy of the position description. Please review it and let me know your thoughts. I look forward to receivmg your resume and to continue the. conversation. . Regards. Tony ?Position Pro?le KPMG Advisory FRM Insurance Regulatorydoc? Tony Charles Director CT Partners 25825 Science Park Drive Cleveland. Ohio 44122 216-682-3138 (0) 216-337?5728 ?Tony Charles.vcf>> I your: EXECUTIVE SEARCH PARTNER: COMMITTED TO PERFORMANCE, QUALITY RESULTS The information transmitted is intended only for the person or entity to which it is addressed and may contain con?dential and/or privileged material. If you are not the intended recipient, please contact the sender immediately and destroy the material in its entirety, whether electronic or hard copy. You are notified that any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. 501.688.8834 561.918.7834 MitchellWiiliamsLaw.com 4275 W. Capitol Ave. Ste. 1800 Little Rock. AR 72201 Mit'cheli. Williams. Selig. Gates Woodyard. P.L.L.C. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATEON. INCLUDING ATTACHMENTS AND ENCLOSURES. IS NOT INTENDED 0R WRITTEN TO BE CANNOT BE USED. FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE 0R PROMOTING. MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. This electronic mail transmission and any attachment may constitute an attorney?client communication that is privileged at law. It is not intended for transmission to. or receipt by. any unauthorized persons. If you have received this electronic mail transmission in error. please delete it from your system without copying it. and notify the sender by reply e-maii or by calling (501) 688-8800 Little Rock. AR (479) 464?5650 Rogers. AR (512) 480-5100 Austin. TX or (212) 292-4884 New York. NY. so that our address record can be corrected. From: Bachmann, Anita Sent: Monday. December 01. 2008 1:33 PM To: Jeff Thomas Cc: Nick Thompson Subject: RE: Julie Bowman 3' eff - I hope that you and your family had a wonderful ThankSgiving I imagine your are looking forward to being in Texas over the weekend. Thanks Anita From: Jeff Thomas Sent: Monday, December 01. 2008 2:27 PM To: Zamoff. Mitchell; Bachmann, Anita Cc: Nick Thompson Subject: RE: Julie Bowman Mitchj-Happy?HolidaysJeff MITCHELL WILLIAMS Message - Page3of4 Jeffrey Thomas 501.688.8879 501.519.7773 501.918.7879 jthomas@mngw.com MitcheiiWiiliamsLaw.corn 425 W. Capitol Ave. I Ste. 1800 Little Rock. AR 72201 Mitchell, Williams. Seiig. Gates 8 Woodyard. P.L.L.C. From: Zamoff, Mitchell sent: Monday, December 01, 2008 1:13 PM To: Bachmann, Anita Cc: Nick Thompson"; Jeff Thomas Subject: Julie Bowman I spoke with Julie. Told her there was no room in the budget in 09 for the NAIC "czar" position. but suggested that she might want to consider the TNIAR pusrlion. She Is Willing to do so. I mentioned the possibility of a meeting in Little Rock between you. her and Scottie sometime in December to discuss the position. She is open to that. but also offered that she would be at the- NAIC meeting and available to get together. My thought is that it might make sense for you to grab coffee with her in Grapevine and then follow up with Scottie if it makes sense. Her soil (which IS how she said to contact her) is 501-258-2684. She made a few comments about compensation which we should discuss before you get together with her. Nick and Jeff, Hope everyone had a good Thanksgiving. Mitchell E. Zamoff - General Counsei UnitedHealthcare Commercial Markets Group 5901 Lincoln Drive - Edina. MN 55436 (952) 992-6295 [Ph] (952) 9926251 [Fax] mitchraniemhsm This e-mail, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e?maii is not: the intended recipient or his or her authorized agent, the reader is hereby notified that: any dissemination, distribution or copying of this e?mail is prohibited. If you have received this e-mail in error, please notify the Sender by replying to this message and delete this e-mail immediately. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, -- AND ENCLOSURES, IS NOT INTENDEDKQRIHRITTEN ., TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY - TAX-RELATED MATTERS ADDRESSED HEREIN. This electronic mail transmission and any attachment?may-constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (501) 688-8800 Little Rock: AR (479) 464-5650 Rogers, AR (512) 480-5100 Austin, TX or (212) 292-4884 New York;'NY, so that our- address record can be corrected. This e-mail, including attachments, may include confidential and/or_ preprietary information, and may be used only by-the person or entity to which it is addressed. If the reader of this e-mail is not-the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this.e-mail is prohibited. If you have received this e-mail in error. please notify the sender by replying to this message and delete this e-mail immediately. This e?neil, including attachments. may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail isr prohibited. If you have received this e-mail in error.please notify the sender by replying to this message and delete this e-mail immediately. Message Page 1 of Allan Gates From: Bill Woodyard Sent: Tuesday, February 03, 2009 4:39 PM To: Nick Thompson; Allan Gates Subject: FW: Monday night From: Bill Woodyard Sent: Wednesday, April 02, 2008 3:06 PM To: 'Julie Bowman' Cc: Sarah Harper Subject: RE: Monday night Julie. I certainly enjoyed being with both of you. it was fun to sit, drink and watch the parade of folks fall victim to our web.- - As far as the 7th grade, 3 bit vague, l'm afraid. Best regards, . Bill From: Julie Bowman Sent: Wednesday, April 02, 2008 11:29 AM To: Bill Woodyard Cc: Sarah Harper Subject: Monday night Bill, Sarah and i had a blast with you Monday night. Thank you so much for entertaining us. By the way, do you remember what happened in the grade? Julie 'Message 5 I . Page liofl- Allan Gates? From: Bill Woodyard Sent: Tuesday. February 03, 2009 4:38 PM To: - Nick Thompson; Allan Gates Subject: FW: Monday night I I From: Julie Bowman Sent: Wednesday, April 02, 2008 11:29 AM To: Bill Woodyard Cc: Sarah Harper Subject: Monday night Bill, Sarah and i had a blast with you Monday night. Thank you so much for entertaining us. By the way. do you remember what happened in the grade? Julie Message Page ofB." Allan Gates From: Bill Woodyard Sent: Tuesday, February '03. 2009 4:38 PM To: - Nick Thompson; Allan Gates Subject: FW: Lunch Message-m- . From: Julie Bowman Sent: Tuesday, February 05, 2008 4:55 PM To: Bill Woodyard - Subject: RE: Lunch Yes. you really do need to pay more attention to me. That also is a statement. From: Bill Wobdyard Sent: Tuesday, February 05, 2008 4:51 PM To: Julie Bowman . Subject: RE: Lunch I would have known it was a statement if I had paid attention to your punctuation. Sorry. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTERS ADDRESSED HEREIN. This electronic mail transmission and any attachment may constitute an attomey-client communication that is privileged at law. It is not intended for transmission to, or receipt, by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (501) 68 845800, so that our address record can be corrected. - From: Julie Bowman Sent: Tuesday, February 05, 2068 4:41 PM -v-To: Bill-Woodyard -- -- 7- - Subject: RE: Lunch Actually that wasn't a question. It was a statement. I?m sure it is a'done deal. Everyone needs to get prepared! From: Bill Woodyard Message . I . I I . I, Page Sent: Tuesday, February 05, 2008 4:32 PM To: Julie Bowman . Subject: RE: Lunch an: - name-mt! I It? at Don't know. I did not talk to them otherthan to say hello. At theend of your term it will probably?happen if- the Senator wants it. . . NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY - TAX-RELATED MATTERS ADDRESSED HEREIN. I This electronic mail transmission and any attachment may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it,- and notify the sender by reply ?e-mail or by calling (501) 688-8800, so that our address record can be corrected. . - From: Julie Bowman Sent: Tuesday, February 05, 2008 4:19 PM To: Bill Woodyard Subject: RE: Lunch Think it's a done deal. From: Bill Woodyard Sent: Tuesday, February 05, 2008 4:11 PM To: Julie Bonan Subject: RE: Lunch LR is really a small town. Didn't think much about it. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTERS ADDRESSED HEREIN. This electronic mail transmission and any attachment may constitute an. attorney-client communication that is privileged at law. It is not intended for transmISSIon to, or receipt by, any unauthorized persons. If you have received this electronic mail Message Page 3 0f in error, please delete ?it from your System without copying it, and notify the sender by reply email or by calling (501) 688-8800, so that our address record can be'conecte'd. -- From: Julie Bowman Sent: Tuesdayl February 05, 2008 4:04 PM To: Bill WOodyard Subject: Lunch Heard you saw something interesting at lunch. Message Page 1 of 4 Nick Thompson From: Nick Thompson . Sent: Monday, December 01. 2003 2:52 PM To: 'Bachmann. Anita Subject: RE: Julie Bowman Your are welcome. i will not arrive until Saturday afternoon due to a function 1 hays to attend Friday night. Perhaps we . can catch up sometime-Saturday afternoon or Sunday before dinner. is ll MITCHELL WILLIAMS Nicholas Thompson 501.688.8834 501.918.7834 l, MitchellWilliamsLaw.com 425 W. Capitol Ave. Ste; 1800 I Little Rock. AR 7201 Mitchell. Williams. Selig. Gates 8: Woodyard. P.L.L..C. Message-?- From: Bachrnann, Anita Sent: Monday, December '01, 2008 2:47 PM To: Nick Thompson; Jeff Thomas Cc: Marcie Neal Subject: RE: Julie Bowman Nick - Sounds like a good Tentatively, There should be 5 folks, and confirming arrivals into Grapevine, in time for dinner. Can confirm for you by tomorrow. From: Nick Thompson Sent: Monday, December 01, 2008 2:56 PM To: BaChmann, Anita Jeff Thomas . Subject: RE: Julie Bowman Anita. am trying to make dinner plans for Sunday night at the NAIC meeting before our meetings on Monday. Jeff and i would like for you and everyone else that will be attending the meetings on Monday to join us for dinner Sunday night. Can you let me know if you guys are available and give me a head count so that i can make a reservation? MITCHELL WILLIAMS . Message Page Allan Gates From: Bill Woodyard Sent: TueSday, February 03, 2009 4:38 PM To: Nick Thompson; Allan Gates Subject: FW: Lunch From: Bill Woodyard - Sent: Tuesday, February 05, 2008 4:51 PM To: 'Julie Bowman' Subject: RE: Lunch I would have known it was a statement ifl had paid attention to your punctuation. Sorry. Message-?n . From: Julie Bowman Sent:'Tuesday, February 05, 2008 4:41 PM To: Bill Woodyard' Subject: RE: Lunch Actually that wasn't a question. It was a statement. I'm sure it is, a done deal. Everyone needs to get preparedl' From: Bill Woodyard Sent: Tuesday, February 05, 2008 4:32 PM To: Julie Bowman Subject: RE: Lunch Don't know. I did not talk to them other than to say hello. At the end of your term it will probably happen if the Senator wants it. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING TO ANOTHER PARTY. ANY TAX-RELATED MATTERS ADDRESSED HEREIN. - This electronic mail transmission and any attachment may constitute anattorney-client communication that is privileged at law. It is not-intended for transmissmn to, or receipt by, any unauthorized persons. If you have received this electronic mail transmissmn in error, please delete it from your system without copying it, and notify the sender by that our address record can be corrected. Message-m- Inlia Rnurman Message Sent: Tuesday, February 05, 2008 4:19 PM To: Bill Woodyard 1 Subject: RE: Lunch Think it's a done deal. A A - Page 2 of From: Bill Woodyard Sent: Tuesday, February 05, 2008 4:11 PM To: Julie Bowman Subject: RE: Lunch LR is really a small town. Didn't think much about it. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. This" electronic mail transmission and any attachment may constitute an attorney?client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (501) 688-8800, so that our address record can be corrected. From: Julie Sent: Tuesday, February 05, 2008 4:04 PM To: Bill Woodyard . Subject: Lunch Heard you saw something interesting at lunch. inseam as?? ?Mlifi-irf .I Message i - Pagelof2v 'Allan Gates From: Bill Woodyard Sent: Tuesday, February 03, 2009 4:38 PM To: Nick Thompson; Allan Gates Subject: FW: Lunch . . From: Julie Bowman Sent: Tuesday, February 05, 2008 4:41 PM To: Bill Woodyard . Subject: RE: Lunch Actually that wasn't a question. it was a statement. l'm sure it is a done deal. Everyone needs to get prepared! From: Bill Woodyard Sent: Tuesday, Febmary 05, 2008 4:32 PM To: Julie Bowman Subject: RE: Lunch Don?t know. did not talk to them other than to say hello. At the end of yOUr term it will probably happen ifthe Senator wants it. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, - . INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING - PENALTIES UNDER THE INTERNAL REVENUE CODE OR - PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTERS ADDRESSED HEREIN. This electronic mail transmission and any attachment may constitute an attorney-client - communication that is privileged at law. It is not intended for transmission to, or recaipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (501) 688-8800, so that our address record can be ccrreCted. Message-m- From: Julie Bowman -- - -- .t To: Sit! Woodyard Subject: RE: Lunch Think it's a donedeai. Message Page 2 0f 2 From: Bill Woodyard Sent: Tuesday, February 05, 2008 4:11 PM .To: Julie Bowman Subject: RE: Lunch LR is really a small Itovrn. Didn't think much about it. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, - INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY . TAX-RELATED MATTERS ADDRESSED HEREIN. A - - This electronic mail- transmission and any attachment may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it ?'om your system without copying it; and notify the sender by reply e?mail or by calling (501) 688-8800, so that ouraddress record can be corrected. From: Julie Bowman Sent: Tuesday, February 05, 2008 4:04 PM To: Bill Woodyard Subject: Lunch Heard you saw something interesting at lunch. Message Allan Gates From: Bill Woodyard Sent: Tuesday. February 03, 2009 4:37 PM To: Nick Thompson; Allan Gates Subject: FW: Lunch --?--0riginal Message?m From: Julie Bowman Sent: Tuesday, February 05, 2008 4:19 PM To: Bill Woodyard Subject: RE: Lunch Think it's a done deal. Page 1 of From: Bill Woodyard Sent: Tuesday, February 05, 2008 4:11 PM - To:-Julie Bowman Subject: RE: Lunch LR is really a small town. Didn't think much about it. NOTICE: ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS AND ENCLOSURES, IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE OR PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTERS ADDRESSED HEREIN. This electronic mail transmission and any attachment may constitute an attorney?client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (501) 688-8800, so that our address record can be corrected. ~-~--Origina Message-""- From: Julie Bowman Sent: Tuesday, February 05, 2008 4:04 PM a Subject: Lunch Heard you saw something interesting at lunch. .. rm? .r ?were? . -. -. Message Allan Gates - From: Bill Woodyard - Sent: Tuesday. February 03, 2009 4:37 PM To: . Nick Thompson; Allan Gates Subject: FW:?Lunch From: Julie Bowman Sent: Tuesday, February 05, 2008 4:04 PM To: Bill Woodyard - Subject: Lunch Heard you saw something interesting at lunch. 7 Pageloflv Mgssage: - Page 1 of? I From: Nick Thompson Sent: Monday, November 03, 200-8 6:30 PM Te: Bachmann, Anita Subject:- FW: Resume Attachments: Julie Bana?eld Bowmandoc 7 a i Anita, as? per your request here is Juiie-Bowman's resume. She advises me that she is interesied in governmental affairs and regulatory affairs work. She war: reiocatei if that is a job requirement. (She has a senior in high schooi who be attending coiiage in ?the fall of .2009. She believes: s'hehasrconiacts ameng many state insurance commissioners and staff-{hafwouid be bene?cial 10 an insurer. She is. partipuiariy interested in health insurance. Herterm expires the first part of January 2009. Her home email addressis lis?ied beiow-and "on the'a?esume should you wish. to-contact her. Please iet'me know if! can be ofifurfher-assiStance. Thanks. Nichoias Thompson 5G1.683..8834 501 .91 81834 MitcheliWilliamsiaw.com 425W. Capitoi Ava-i Ste. 1880 i Little Rock, AR 72201 Mitcheii. Seiig,Gaies-& Weaciyard, Massage?? From: Sena-Sunday, October 25; 20.08 9:14 PM Ta: Nick'Thompwn Subject: Riesume NOTICE: ANY FEDERAL TAXADVICE IN COMMUNICAT30N, ATTACHMENTS AND NOT INTENDED ORWRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING- UNDER THE INTERNAL REVENUE-CODE PROMOTINQMARKETWG ORRBCOMMENDING ANY ADDRESS-ED HEREIN. This electmninmail transmission and any attachment may constitute an attomey-dlignt communication that is privileged at law.- It is not intended'for transmission to, or receipt by, any unauthorized persons; If you have received thiselectronic .rmail transmission in error, pie-ase? delete it'from your system without -.co'pyin it, and notify the. sender by reply e-mail or by calling-(501) 68848890, 50 that our address record can be corrected; :mocuments and S?ttingsiitdooli?My 2/12/2009 Page 1. of 1 From: Scott, Garland Sent: Monday, Debember 15, 2008 9:48 AM . To: Bachmann, Anita . Sabject: good meeting with cormniss-ioner bowman I am more pasitive-aboui Julie in'this roie'a?er speaking with h?r;she is ciearly motivain and "very competitiveso she could be. a-good fit I believe-you wilt need to involve her in nationailregional products to keep her from getting bored ibnger'term; ?le?2f! i'mocuments and Dommem?smy 211212009 Page '1 of] From: Neal, Marcie Sen?Thursday, February 05, 2009 3:55 PM To:.Bach1nann, Anita Subject: FW: Julie Bowman. From: 'Bachmanns, Anita Sent: Mandayf, December 22, 2003 4:39 PM To: wmidridge, Mark C- cc; Neal, Marcie Subject: Julia. Bowman Mark Can you can-?rm Thu? Julie?s start date. is 1112?? Tafked fa her? on Fridayfand she isvery cxci?t?d? We are in the ?913306335 ef gafher?ing-informa?gn as orienm?on for her" 14:13:: 23212009 Page 1 of 1 From: Neal, Marcie .E 8213:: Thursday, February 05, 2009 3:55 PM To: Bachmam, Anita . Snbj'ect-z Julie From: Bachmann, Anita Sent: Sunday}r December 21, 2008 11:33 PM Tn: Ned, MarcieE - Subject: Marcie? J?Lsiie, Bowman hasnccepfed' ?ue: position-?nd we Win-pica firs? of ?ne year. Wii! youassemble tho-?r we (am Send her next in The. introduc?on #0 The -compon-y-dnd uur organization. Info such cs?orfg chart, fim?o major-?gums far The organization and Region. I ?pls check with Sco?ia?snssisfam on information on TN and ie summary of iher hankh plan's, membership info, of?ces, etc. Ca.? me fomor-r-ow "if you have; any quesfions; and _Settings\tdooii ?My Documentsle Documents?Won?Liti?gation 211212009 Page 1 of 1 rem: Bachmann, Anita Sent: Thursday, January 08, 2009 3:2} PM To: Zamo?', Mitchell; Bowen, P-at?cia Casey, Susan Monk, Nancy Clacku, Mary Ann Colica, Canncl; S'tanislav, Mary Morgan, Sue'A; Matthews, John. Crandall, Angela Ohman, Daniel Cole, Baniel Scott, Garland Huckaby, Janice; Nall, Lawrence Miller, Suzanne Lis-ette ?ber-man, Debra ?dah Mcguir?e: Thomas Friedrichs, Robert Roilman, Rage: Fg?Ochipinti, Joseph; Maffei, Christopher -Lovelady,,John No?ongglo'hn Wilson, Stephen Palme-Krizak, ChristinaR; Palmier, CamerinexE; Mbmullen, J'exmifer Horton, Robert Bowman, Julie B;.Johnson, Thad Mcguire, Thomas Neal, Marcie Miller, SuzannerA - ?Suhj?c'trSoutheast Region Regulath Affairs Organization Announcm?at Attachments: SE Regulatory Affairs Organization AnnounCement.doc Anita Rachmaan ~-Legal and Regulatory Affairs ?re'erisberm NC 336.540.7357 and ':Settings\tdooli1\My Page 1 of I From: Neal, Marcie Sent: ()5a 2909 3:56 PM To: Bachmann, Anita Subject: FW: Julie Bowman's, background From: Wooldridg?e, Mark-C Sent: Friday, 3anuary 02, 2009 9:56 AM To: Bachmann, Anita cc: Neat. Marcie :13 Subject: Julie Bowman's background fyi From: Andaman, Kim Sent: Friday, January {32, 2901;78:41 AM To: Wacidridge, Mark Subject: Mia Bowman's background Good morning Mark, I hope?yo?u had a-good new years; duli?sbackgmund?investigaticn resultsrare funy'completeand cl?a?r; therefore, shafis seiite start empi?oyment on 11130933 schedaled; The cor-responding docUmeniation will be: forwaided to Xerox for herlhis personnel Kind regarda ?ndizrson UnitedHealth-?Group Bren Road; East Minheionkag MN 355343 Phone: 9529366901 Fax: 737 and 21.132009 LMe'ssage Page 1 0f 1 Doolittle, Theodore From: I Bachm?annlAnita Sent: Tuesday, November 11,, 2008 11:07 PM To: Zamoff. Mitchell . Subject: Resume Attachments: Julie-Bena?eld Bowman.dcc Mitch A?c?c?hedliis? 3152 Bcwman?s reSume. I have infouSusan and Kevin McCarty and'wil! .iefyoupknaw as scan as I Touch basewith fhem. Having her join czar .or-ganiza?rionrwouid be so beneficial, particuiarly in?gaining more. 'insighfin?ro the regulators" view of ?fhe company; as wet! G's-she a major infriuence in increasing our engagement in some of- frhe cr'i?ri'ca! ini?utives- and plans}! On a. relan note, David Liilardand quhun-JBicl-cs have ?een veryihalpful 'i?den??fying pofentihl candidates fur-the Regulaizory- Affairs posi?on, Through HR and-David, we; haveg?mupiz 9f 50le candidates. with regn-lnfor?y Experience with T1363: {and TennCare? in ?ne vary eXcE?ngi-l Anita ?2009 Mgssage . - . Page I of 1 Doolittle, Theodme' From: Zamoff, Mitche? - Sent: Tuesday, ?Novamber 11', 2008 1-1 :26 PM To: 'Bachmann. Anita Subject: Re: Resume. All g?o?cd the From: Bachmann, Anita To: Zamoff, MEt'cheil Sent: Tue Nov 11 22:06:57 2008 Subject: Resume Mitch A?ached is? Julie Bowman?s resume. I'havg ca?s info Susan V955 and Kievin McCarfy and will ?i-ef'you knaw as sbon'a's I??rouch base with; them. HaVirsg her join our-organiznfian Would be so benefi'cidf, yar?ficuicrly in-tgai'riing more insEg-hf inf-o The - raguiators?view of The. company, aswell?as she (:01;ch hen major ?nfluence in increasing our engagement in someiof "the cri?ricail NAIC inmatin and plans}! - On a reamed nok?avid Li ilard and. hava been very heip?fgl Eta-'idenfifying pofen?al candidufes far fhe TNMR Regulafory?ffairs jposifion. Throth We: have-a taup'l'e af'saiid candidates, with reguiafory experience wii'h and TennCar'e in the state. Very exai?ngi! Ani?m 2/1 112009. Dcoiit?e, Theodore From: Bachmann, Anita Sent: Thurs-day. November 13, .2008 12:53 PM To: Zamoff, Mitcheli Subject: - RE: Littie Rock Good news that this is coming together so massagen~w~~ From: 7 Sent: Thursday, November 13, 2098'29:52 AM To: Nick Thompson; Jeff Thomas. Cc: Bachmannl.Aaita Subject: R?z'Little Rock @hanks. Could you See if ?ulie is available for lunch With me on 11117? if so, I cQuld see her. then come over-and meet_with.you guys for a feWIhours in the afternoon to if this (and depending on?the,?lightsi, I may turn-araund a?a come ?gmeFMon&ay night orrI may stay over and fiy back Tuesday a.m. W111.1et you know the-schedule 1f the other pieces fall into place. ME Mitchell E. Zamoff General Counsgl Snited?ealthcare 5991 Edina1_?? 33436 {952) 992-6295 {Phi {952} 992-5251 {Fax} mitchazamoffEuhc-com Pram: Nick. Thompson Seat; weanesday, Mavamber 12, 2003;2:63 Zambff; Mitch61l; JEff Thbmas CC: Bachmann, Anita Sub? acts: Rei' Little Rock Mitch, Commissianer Bowman can-meat with You can 3150 meet With'ysu the z?th if ?hat?date-is better; Jeff,will man be in LR'on ?hat ?ate_hewever. mama: m- FEDERAL TAX ADVICE. CONTAINED THIS Amp IS: NOT INTENDED 0R. WRITTEN BE USED, BE USER FOR TEE PHRPOSE Avommc UNDER: THE INTERNAL REva com momrrme 0R1 To MOTHER MATTERS ADDRESSED HERE-IN. This electronic.mail transmission and any attachment may'constitute an attorney*client. communication that is privileged at law. It is not intende? for transmission $01 or receipt by, any unauthorized persons; If yQu have received this electronic transmission in error, please ?eletE-it from your system without copying it, an??no?lEY? the Sender by-regly e~mail 0r by'Calling (501] 688~8899, so that'our a?dress record can b3 corrected. From: Zamoff, Mitcheil To: Nick Thompson; JEff Thomas CC: Bachmann, Anita Sent: Tua Nov 11 17:39:40 2008 Subject: LittEE'Rsck Privileged and.Confidential Just checking to see whether Alli? or 11126 woul? work for a meeting where Tom ah?fdr I could sit down with Cbmmissioner'Bowman.and explore her interest'inra.private sector position. This is tentative for-now just hoping you could advite re your.and the CommissionEr's avaikability. Thanks; ?isch ?Mitchell Ed Zamoffn j?eneral COunsel Unitad?aalthcare ESQl'EinCOln.Drive gE??na, MN 755436 {952) [Ph] {952) 992-5251 [Fax] This e?mail, inclu?ing attadhments, m?y include confidential andfor pxoprietary information, and may be used only by the parson or Entity to?which it is a?dressed- If the reader.of this is man the intended magipignt or his er her authoriZEd age?tm the reader is hereby natified-that any dissemination,'distribunion or~cogying of this e?mail -is prahibited. If you have receivad this e-mail-in err?rg pieaSe notify the sender by replying?t? this messag? and aelet? this ?wmailrimme?iately. Page 1 of 1 Doolittle, Theodore From: Zamoff, Mitche? sent: Wednesday, November 19,2008 2:30 PM To: Bachmann, Anita Subject: caii I know you are on the road today and tomorrow doing interviews? call ifyouget-a chance redulie-Bowman 2f} 12'2009 Page ,1 of 1 Doolittle, Theodore From: . Zam?o?, Mitchell Sent: Monday, November 24, 2008. 1:43 PM To: Bachmann, Anita Subioot: Bowman 601? your WA :3 position. 3 will call Juiie Later this-week (probabiy Wednesday) 10 expfa'in that while we are not-ableetoido-an "NAiC-ozar" type thing at this time. we would be wil'iing- it) have further discussions re-?the position, if can?t-get her thisweek; can. her next Monday. Once we'have connected, i'll'le't you know so you canton-ow up. Thanks. 18142 *1 [12009 Page] of 1_ 'Doetit?e, Theodore From: Bachmann, Anita Sent: Monday. Navember 24, 2008 To: Zamoff, ZM?cheEl Subject: REzBowman . super". locks liken will be The second or Third'mek 1in December Then? we?ll guru To Li?le Rock for an inferview. - 7 Thanks ab From: Zamoff, Mitchell 7 Sent: Monday, November 24,- 2608?1:7437 PM To: Bacjhmann, Anita Subject": Bowman Got your VM "re TN-AR position; [will can Julie Wednesday) 10' expfain that Whiije We are not abteiiado an czar" type thing Ta?tIthis time,,we Wauid be wining {shave-?further discussions rethe pesition. If [can?t-get berthis week, f?iICatl-her next Monday. oncerwe-have?connected. Fl! Eetryou know-sOyOu can foliOw up. Thanks. M2 2/1. 112009 Page I of Doolittle, Theadore rom: Zamoff, ?Mitche?il Sent: Monday, December 01, 2088 To: Bachmanni Anita I Cc: 'Nick'Thompson?; ?Jeff Thomas". Subject: Jalie'Bowman Just spoke With Julie, Tuld her there Was no room in the badg?e?t in 09 for the NAIC "czar" but suggested tha? she might want to consider the TNIAR position. She is willing to do so. - I mentia?ned-the possibit'i'w of a meeting in LittleRocis ?between you. her and Scottie sometime in December to discuss the-position. She is Open to than but also offeredfth'at?She Would be at the meeting and availa'bierto get Itogethe'r. Miy?thoug?htis that it might make sense for you ?tox:grab" ?m?ae with her in Grapevine and then foliow up with Scottie if'itma?kesisense. Heme" (wh?ch?is-how she said tofciontact her3'is, 501458-2684.- She made a few comments abouticompensation which-We shouid discusstbeio?re you get together? with he; Nick and Jeff; Hopeeve?ryon'e had a good Thanksgiving. Mitchell E. Genera? Counsel UnitedHea?lthcare Cgmmerc?a! Markeis Group 5901 Lincoln Drive Eadina,_MN 5543.6 (952)992??629519121 (952) 99255251 [Fax] 2/51 1/2009 Page 1 of 1 Doolittle, Theodore From: Bach'mann, Anita - Sent: Menday, December 01, .2008 2:30 PM To: Zamoff, Mitcheil Cc: 'Nick Thompson? ?J'eff Thomas" Subjie?ct: RE: Julia'Bowman a Thanks for ?the uydafe, and Win reach-out schedhie time-f0 me? a? NAIC To dis;u$s The 91? the 3395mm in more defail, and Thar; determine The uppropriafa nexf'steps. touch base. with yourfoiiawihg one of our NAIC calls ?rhiswee'k. kni?m From: Zamoff, Mitchel! 7 Sent: Mcnday; December 01, 2008 2:13 PM To: Bachma?nn, Anita Cc: Nick Thompson; Jeff Thomas- .Subjeciz: Juiie-B'owman dust spoke with Julie. Told her there-Was no?room in'ihe budget in .09 NAIC ?iczar?i" position. but-suggested that shein?iight want to position. She is willing-Io :do 50. i mentioned the. possibility ofi?a meeting in Li??le S?Cottie same?me in December to.? discuss the position. She is operate-that, but also offei'edgthafshe ?w?ouid beat the, NAiC?mee?ng and: awailable to getjtogefher. My thought is that itmight make sense for her 'ianrapevine and'thenjfoiiow up with Scottieif 'it makes sense. Her'ceii (Which is: how she saidtoqsontacther) 3501-2584?2684. She made a few comments about compensationwhich we shame] discuss befcire you geuogethe'r with her. Nick and Jeff; Hope everyone had a good Thanksgiving. Mikhail; E, Zamofi' Genera; Counsei 'UnitejciH.ea?th?are Commerciai M'arketsiGmup 5901 Liri'eoin Drive -Edina,MN 55436 [Ph] (95399245251 2/1 1120099 I Page i of 1? Doolittle, Theodore From: Ba'chmann. AnitaH 7 Sent: Friday, December 19, 2008 3:37 PM To: Knudtson, Linda: Wooldridge, Mark Scott, Garland Cc: Subject: Re: Ms. Bowman- Very excitedf?ii, Because her official'term date with Ark Dept. is Dec, vacation for the. East 6 we?ks of 13133163), we wilt formally-announcie her joining the campany-afterihis'date. She has cleared this? withr'theGov?rnor?sof?ce; but in re'Spect of Commitment groups in theys'tate, a?nmuncing after the ?rst of theyear IS appropriate. Fornow, wouid iiketo keep .knOWIedge .ofrher acce'ptancerrto 'a-s?mali group of people. Seottie- wiil (sail you about preparing materiaffs that we?can send 'tojuii? to begin her-orientation. Markltinda~ many?thanks for yourassis?tance and this process, Ani?i?a From: Knudtsen, Linda To: Wacidridge, Mark Anita Sent; Fri Dec 19 1330725772008 Subject: RE: Ms. Bowman This ?gs-eat. news? Linda Knudtson UnitedHealthcare Human Capital Partner 952*99244696 Fromr?Wooidfr?dgej Mark Sent: Friday,,Decernber To: Badamann, AnitaH - Cc: Kinda SubjeCt: Ms. "Bowman Jurieamepted; you-may wan? {Cr-reach out and lama-know attiredij are to have her'coming aboard. z) From: Bachmann, Anita Sent: Friday, December 19,7 2008.10:47 AM To: Wooldn?dge, Mark Subject: 601? War vmqil on the-proposed Offer To Julie Bowman. Discussed wi'?w rind We are good To 96.. 1/2009 HEARING OFFICER BOWMAN: Absolutely. And before we close the record, you know, we can all double-check it. Okay. Anything left from this morning that we didn?t . finish? MR. ALLEN: Would you permit me to make a motion- with regard to the legislators? HEARING OFFICER BOWMAN: Absolutely. MR. ALLEN: May I do it from here? I HEARING. OFFICER BOWMAN: Absolutely. MR. ALLEN: Thank you. Your Honor, this Motion in Limine to exclude testimony fromSteve Faris and Scott I Ferguson has a number of grounds. One, with regard to Doctor Ferguson, the addition tothe Witness list was untimely, and there are certainly relevancy I arguments that are made here, but the thing that I would want to stress nowis that the law'is very clear in Arkansas about the use of legislative history to establish intent. In our brief there are numerous cases where there?s issue as to Whether or not there?s?anambigulity, and of course Where there?s not ambiguity, none of it is proper. - This Court you have found that the statute is clear and I you haven?t found any ambiguity,.so we submit that the I testimony would be improper on that ground. But even if you had found or it could be argued that HENDRIX REPORTING SERVIC 1701 SOUTH ARCH . LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 120 there?s ambiguity, the Wiseman case addresses that, andit says that legislative history to resolve an ambiguity is limited to 7 legislative documents or public records, and that it?s never proper to call a legislator to testify about what the legislative intent is. I 7 And the chancellor in that case found that the testimony was not competent and the Supreme Court affirmed, saying I ?Yes, that?s correct, it?s not competent,? so our motion is that it?s improper testimony, it should not be allowed, and we ought I - to save these folks a trip out hereyou consider this, I want to address what the petitioner said that they would like to do in the form of a proffer. At least in Arkansas my experience has been that none of the circuit judges let you get a witness and put it on the record and have the examination like that, but they permit the lawyer to summarize, which is usually what the lawyer wants to do, and embellish what the witness will say. I I But I submit to you that it would be an imposition-on all I I our time to go through an examination when we may have found I that it?s improper if that?s your ruling, and that certainly a proffer for e- an easier way for them to handle it is for the lawyer to make a summary of what the witness would say if he were here. That?s my pitch. HEARING OFF-ICERJBOWMAN: Mr. Gall. HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 121 MR. GALL: Yes, Madame Commissioner. Our View of this is that in Arkansas there is no legislative history that we?ve been able to locate on any of the statutes. This is an important issue for you, it?s an important issue for the state._ We have the sponsor of the statute. He?s here, he?s available to testify about what the intent of the legislature was in connection with the adoption of the statute. We would think that it would be useful to you to hear that. You can give it whatever weight you want to give it. You can disregard it in its entirety, it might be persuasive to you. But in our View it?s. I evidence that you ought to hear, ought to consider for whatever purpose you want to give it. You know, the strict rules of evidence do not apply in this proceeding. We?ve talked abOut that already. And under the circumstances, where obviously there?s a lot. of people struggling with what this statute means -- we wouldn?t have 50 people in a" room if it was clear-cut and unambiguous, we wouldn?t have a disagreement between the Commissioner and their own examiner about what the statute means if it was that clear, and so it?s just a matter of trying to get to the best source that we kn0w to find, and we believe that you can consider it Or not, based on your own desires after you hear it We think you-ought to hear it, and if you give it weight, that?s fine. If you don?t, that?s fine. It?s your discretion. It?s totally up to you in this context where the strict rules "of HENDRIX REPORTING SERVICE - 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 KOWVIOUI-B..25 122 evidence don?t apply. So we think it would be to your benefit to hear what they have to say. If you conclude that, you know, they don?t know what they?re talking about, or that it isn?t helpful, or whatever it is that you conclude, that?s your business. But it?s just-that?s a source, the only source that we know of, to supply information that you might find useful. .It?s really no more complicated than that. I I As far as the offer of proof, you know, we?ll do it-howeve?r I you tell us to do it, but we think the right way to do it is to let the witness testify. These guys don?t have to hang around, it?s an offer of proof. If it?s a waste of their time, they don?t even have to be in the room, because they can?t cross examine. So that?s what we propose. HEARING OFFICER BOWMAN: Anyone else on that issue? MR. ALLEN: have one thing that is important, and that is that Senator Faris was not in the legislature in 1995. The provisions we?ve been talking about aren?t intact from what they were in 1995. I MR. BOWEN: Senator Ferguson was, and Senator Faris was the sponsor of the most recent Any Willing Provider statute, which it is our position incorporated some of the older, so you?ll have to weigh if at all their testimony for each I different side of it, but they both can give testimony, one on ?95 HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 _123 and one on 2003 (sic). I I HEARING OFFICER Maybe we should . have the 35 senators from 1995 and then 35 from 2005?all come testify, because I don?t think that-anyof them would have the same answers. As a matter of fact, I?ve spoken to several'of them and they don?t. And you?re right, unfortunately, or maybe. fortunately, we don?t have legislative intent, we don?t have any history in Arkansas like they do in the federal courts with the Congressional Record and that kind of thing, and what we have to go on is what the statutes say. And you know, if it?s not obvious yet, I think it will be by the end of this week, I don?t think the statute is well written, and I?ve struggled with it and struggled with it. And you know, I think it was sold to the legislature maybe that the statute or this legislation would do one thing when in fact it does not. It?s not written the way that it was sold to the legislature. I I If MR. .TISDALE: Madame CommissiOner, there is a section of the 1995 that specifically describes what the legislative intent is, so to the extent that either of these two senators would testify that it was something other than that, that doesn?t seem very -- that surely should not be part of this proceeding. I MR. GALL: If Your Honor please, you said you?d had some discussions with senators about the meaning of the HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 statutes. Is that a part of the administrative record? 124 HEARING OFFICER BOWMAN: NO. MR. GALL: There you go. I mean, it seems to me -- HEARING OFFICER BOWMAN: Imean, the I administrative record is, you?ve been a part of this administrative record. You?ve been everypart of it. MR. GALL: Well-- HEARING OFFICER BOWMAN: All I?m saying is that I think you can?t take the testimony Of one legislator in what I the intent of it was. And I think that the law is clear in Arkansas it?s not appropriate, andl'I believe the .wOrd they used is not competent. I?d hate to use that if the legislature was present (Laughter), but I believe that?s what the case law says, is that it is. not competent, it?s not appropriate, it?s not relevant. And I think that what we have to go on is what the statutes say. And in this case we do have, in the Patient Protection Act we do have legislative findings and intent, and in many cases we don?thave that. And so I think in ?23-99-202, that?s as good as it gets. And so I will not allow the testimony Of either Doctor - Ferguson or Senator Faris for purposes of legislative findings-Or intent. If you have them for other purposes, maybe. MR. GALL: No, that?s our purpose. Would you allow us to make a proffer? HENDRIX REPORTING SERVICE. 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 oxen?beam 125 HEARING OFFICER BOWMAN: Absolutely, a proffer, but that is not With their testimony, that is With what you would anticipate their testimony might be. MR. GALL: So you won?t let us put them on? HEARING No. I I MR. GALL: Okay. I respectfully disagree, but I I understand your ruling. I So I can?t bring the witness in and have him give the testimony? I I HEARING OFFICER BOWMAN: No, no. Your proffer Will be What you anticipate the testimony would, be in a summary. . MR. GALL: Thank you, Your Honor. HEARING OFFICER BOWMAN: Uh-huh. All right, any other issues? .(No Response) HEARING OFFICER BOWMAN: Are we finally going . to get to the real hearing, the real. meat of the matter? Okay. Then petitioner, Arkansas Surgical HOspital. MR. GALL: We?ll call 'Weaks, Your Honor, as our-first witness. If it?s all-right, I?ll question Mr. Wea?ks from this podium. I I HEARING OFFICER BOWMAN: Has he been sworn? .- MR. GALL: He has not. (Witness Sworn) HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 BEFORE THE ARKANSAS INSURANCE DEPARTMENT AID CLAIM NUMBERS 2007-077, 2007-078, 2007?079 IN RE: ADMINISTRATIVE HEARING FROM LIMITED SCOPE MARKET CONDUCT EXAMINATION ORDERS I . BE IT REMEMBERED thaton the 16th day of April, 2008, before Honorable Julie Benafield B0wman, Insurance Commissioner, in Little Rock, Arkansas, the above?entitled cause came on for hearing as follows: VOLUME HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE, ROCK, ARKANSAS 72206 (501) 372?2748 1econome 861 here, including 23-99-204 and HEARING OFFICER BOWMAN: Thank you. MR. GALL: Two other matters, Your Honor. Had we been permitted to do so, we would have also inquired cf. the -- each ofthe insurance companies their normal and customary use of the term ?reimbursement,? and we would have been able to establish through examination of those witnesses that in the-health insurance industry, as I indicated by their own contracts and by their own terminology, including the terminology that's used by Blue Cross in its contract, by Health Choice in its contract, and by United in its contract, that ?reimbursement? is commonly understood in the health insurance industry. to refer to payments made to providers under these health insurance contracts. I So we, had we been permitted to, we would have gone into those issues and been able to establish through those contracts and through testimony from the health providers that ?reimbursement? is a commonly?understood term in - the industry to refer to payments to providers. HEARING Okay. MR. GALL: And lastly,consistent with the exclusion of Mr. Faris or Senator Faris' testimony, when we were addressing this issue on Monday the Commissioner indicated that there had been some communications with HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 25' \omxaoimaco the membersof the Arkansas State Legislature bythe . I862 Commissioner on this issue. In order that the record be clear, all of the informationthat is being used to makethe decision that is being made here, we ask that'all the communications by the Commissioner _with any member of the Legislature or anyone else involved in the adoption or construction of'the statute at issue here be made of record, be disclosed -- I who you talked to, what was said to you, and when you talked to them so that we all are on the same page and we know everything in the record that is the baSis of the" Commissioner's decisiOn. So we'd ask that those -- the disclosureof all those I communications be made, so that the record is clear what thebasis of the Commissioner's decision is. With that we?- First I'd like to know, are you going to be able to make that disclosure? I HEARING OFFICER BOWMAN: I'm thinking about that. I will certainly -- I'll certainly make any disclosures that I can. I think every disclosure that I have about that would be discoverable to-your MR. GALL: And that's . HEARING OFFICER-BOWMAN: I'm not sure there's anything in writing is my hesitancy. I think I think, Off the toprof my head, every discussion that I had about this HENDRIX REPORTING SERVICE 7 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 l0 coouamrzw 863 would be a discussion. And so - MR. GALL: Okay. But even then, I think we're entitled to know who you talked to and what information you were" provided, because in effect the result of these communications is somewhat like the communications or the testimony of Mr. Faris that you've excluded. I mean, We don't know what information you have been provided by members of the Legislature about what they think the statute means or'whatever. And to the extent that you?ve had those communications, we?re, I think all of us in the room are entitled to know and understand what the how those may have impacted your decision making. HEARING OFFICER BOWMAN: Well, let me think about this and how to respond to that, because to be honest with yOu, there is no way I could ever remember everyone I've ever talked-to about this statute and everything I've ever said to them and everything they've ever said to me. It's just not humanly possible. And so 'I'll'have to think about how to respond to that. ALLEN: Your Honor, may I make a sug?gestione HEARING OFFICER BOWMAN: - Yes, please. ALLEN: -?because it's inadmissable. It's just like any other evidence that you would exclude and not consider, if you hear hearsay testimony, as to whether you HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 would decide Whether or not to consider that. All you 864 have to do is simply state that you are not considering that in coming to your determinations. I HEARING OFFICER BOWMAN: Well MR. GALL: With all due respect, I disagree. I mean, I think. that you indicated on Monday that you had those communications, and that they have impacted your decision making and I HEARING OFFICER BOWMAN: Well,? I'didn't indicate that they had impacted my decision-making. MR. GALL: Well, we have a record, and I -- HEARING OFFICER BOWMAN: Well, we do have -- now, wait, wait. I didnot indicate they had impacted my. decision making, and I think it's obvious from even the disagreement from my attorney and me that I don't I necessarily rely on everybody's opinion. (Laughter) I HEARING OFFICER BOWMAN: That I have my own. mind and I make my own decisions, right or Wrong. trying to be fair to you. I MR. GALL: And I understand. HEARING OFFICER BOWMAN: And let you know, - you know, that I thatthis law has been around and people like it and people don't, and'yeah, it's been the. subject of a lot of discussiOn, you know, in the hallway HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2743 865 here and the hallway in the capitol-and, you know, what are you going todo about this, or what are you going to do about that, that kind of thing. I You knew, when I said I think you're entitled to that, you know, I was thinking about any written communication" that I might have, but as Inwas talking out loud I?m thinking I probably don't have any, it is all probably oral. And if Ican think of anything that is appropriate, that honestly prejudices or biases my decision, I think you probably are entitled to that,'but I'm going to have to think about that. MR. GALL: I understand. The statute that's implicated is which says that, you know, there aren't to be ex parte communications in connection with the proceeding. AndI'm not 4- what I'm suggesting . I is that we need to have the record complete so that we know everything that was all in the decision making. It?s as simple as that. I . . HEARING OFFICER BOWMAN: Oh. Well,-1et me tell you this, there. has been no discussion since thishas all I been going on. I'm talking about from'the' time became Commissioner up until this process started. I have not had ex parte communication with any of these people?? MR. GALL: No, no, no. What I?m talking about HEARING OFFICER BOWMAN: --or any legislators. HENDRIX REPORTING SERVICE - 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 10\Doosqm?cnhw 866 GALL: What we are asking is to the extent you?ve had communications with legislators about the meaning of the Any Willing Provider Act, that they be responsive and they be made part of the record and We know when and what information was provided so that we know if -- so we have a complete record. HEARING OFFICER BOWMAN: Yeah. -I can tell you right now that that has not happened since this process has started. I'm talking-about in the halls of the capitol when, you know, the passage of this legislation is going on and we'Ve haid hearings on rules'and regs and that kind of thing. I I we have not had any kind Of discussions or ex parte communications while these hearings have been going on. As a matter Of fact, some of these people Isee in this I room, they see me, they run the other direction, I think for this reason, but -- (Laughter) I MR. GALL: This wasn't addressed to legal counsel. I would never suggest any of these gentlemen or -- it goes to the legislative issue and HEARINGOFFICERBOWMAN: Right._ MR. GALL: e- the interpretation of the I . HEARING OFFICER BOWMAN: And I did make that statement about having talked to some of them, and 7 HENDRIX REPORTING SERVICE. . 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372-2748 867 MR. GALL: And'that's what prompted our" inquiry. HEARING OFFICER BOWMAN: You're right. You're right, and that's fair. That's fair. And let me think about it. . . . MR. GALL: Okay. Thank you. OFFICER BOWMAN: Let me think. about it. I MR. GALL: Okay. Thank you. I appreciate your time. With that the Petitioner rests. HEARING OFFICER BOWMAN: Okay. Mr. Staley, you have witnesses? I MR. STALEY: Yes, Your Honor. I have two witnesses that I think will be relatively brief on direct examination. First I'll call Nate Miller. (Witness sworn) .Thereupon, NATE MILLER I having been called for examination, and after being first duly- sworn, was examined and testified as follows; DIRECT EXAMINATION BY MR. STALEY: I I Mr. Miller, would you state your name and your business I address for the record, please? I I A It's Nate Miller. Business address, 909 Enterprise Drive, Jonesbdro, Arkansas, 72401. HENDRIX REPORTING SERVICE 1701 SOUTH ARCH LITTLE ROCK, ARKANSAS 72206 (501) 372?2743