UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ASSOCIATION OF AMERICAN ) PHYSICIANS AND SURGEONS, INC. ) etc., et al., ) ) Plaintiffs ) CIVIL ACTION NO. 93 0399 vs. ) JUDGE LAMBERTH HILLARY RODHAM CLINTON, etc., et ) al., ) ) Defendants ) ) PLAINTIFFS' FIRST SET OF INTERROGATORIES AND SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS The following interrogatories and request for production of documents are propounded by the Plaintiffs, ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC., AMERICAN COUNCIL FOR HEALTH CARE REFORM and NATIONAL LEGAL & POLICY CENTER, by and through counsel, to the Defendants, HILLARY RODHAM CLINTON, DONNA E. SHALLA, Secretary of Health & Human Services, LLOYD E. BENTSEN, Secretary of the Treasury, LES ASPIN, Secretary of Defense, JESSE BROWN, Secretary of Veterans Affairs, RONALD H. BROWN, Secretary of Commerce, ROBERT B. REICH, Secretary of Labor, LEON E. PANETTA, Director of the Office of Management and Budget, ALICE RIVLING, CAROL RASCO, IRA MAGAZINER, and JUDITH FEDER, White House Advisors, and THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, in the above-entitled action. The interrogatories and requests for production of documents are to be answered under oath pursuant to
Rules 33 and 34 of the Federal Rules of Civil Procedure. DEFINITIONS: A. The term "documents" includes, without limitation and regardless of origin or location, all writings of every kind, including but not limited to, letters, correspondence, bulletins, telegrams, memoranda, statistical compilations, reports, studies, speeches, calendars, or diary entries, cost records, handwritten notes, drafts, charges, lists, directives, orders, tabulations, directories, minutes and records of meetings, sign-in lists from meetings, telephone records, data processing, computer files, printouts, tapes, discs, retrieval listings, together with programs and program documentation necessary to utilize or retrieve such information, and all other mechanical or electronic means of storing or recording information, as well as tape, film, or cassette sound or visual records, and reproductions or film impressions of any of the aforementioned items. A draft or nonidentical copy of any of the aforementioned items is a separate document within the meaning of this term. B. "Communications" refers to any form of transmittal of information in the form of facts, ideas, inquiries, or otherwise, including but not limited to transmissions made in conversations, and through the use of documents, telephone calls, or electronic means, including but not limited to electronic mail. C. "Concerning" or "relating to" means referring to describing, evidencing, constituting, or otherwise having a 2
connection with. D. "Defendants" and "your" refers to "The President's Task Force on Health Care Reform," the "White House Task Force on Health Care Reform," the "National Task Force on Health Care Reform," the "Health Care Task Force," "Health Care Correspondence," "Health Care Correspondence Task Force," and the "Task Force," and any and all other subgroups or subcommittees of the Task Force, or other related groups, including but not limited to the interdepartmental working group, all cluster groups, the Health Professionals Review Board, persons looking at cost issues, persons looking at lega~ issues, and persons looking at administrative simplification and quality issues. E. "Person" refers to any n atural porson or any business, legal, or governmental entity or associatic~. F. "Identify" or "state the idenzity," when used in reference to a document, means give, to the extent known, the (i) type of document; (ii) general subject matter; (iii) date of the document; and (iv) author(s), addressee(s), ~nd recipient(s). If any such document is no longer in your posses ion or not subject to your control, "identify" also means state wha disposition was made of the document, the current location of tna document, including the location of each copy, and the identity of persons with possession, custody, or control. G. "Identify" or "state the identity," when used in reference to a person, means giving to the extent known, the 3
person's full name, present or last known address, and, when ref erring to a natural person, the person's present or last kno~~ place of employment. Once a person has been identified in accordance with this definition, only the name of the person need be listed in response to subsequent discovery requesting identification of that person. INSTRUCTIONS: A. Unless otherwise expressly indicated, the scope of these interrogatories includes the period of November 4, 1992 to the present, and includes all information in the possession of defendants, their attorneys, investigators, or any other person working on behalf of defendants. B. The singular form of a noun or pronoun shall be considered to include also within its meaning the plural form of the noun or pronoun, and vice versa; the neuter form of a pronoun shall be considered to include also within its meaning the masculine and feminine forms of the pronoun and vice versa; and the use of the tense of any verb shall be considered to include also within its meaning all other tenses of the verb. In each such instance, these interrogatories shall be construed so as to facilitate the most complete and inclusive response. C. These interrogatories shall be deemed to be continuing, so as to require supplemental responses when defendants come into possession of information responsive to these interrogatories which has not been previously supplied. 4
D. If defendants claim a privilege as to any interrogatory, they must identify the nature of the privilege being claimed. Each time a privilege is invoked in connection with a document, defendants must state (i) the type of document involved; (ii) the general subject matter of the document; (iii) the date of the document; and (iv) such other information as is sufficient to identify the document for a subpoena duces tecum, including without limitation, the author of the document, the addressee of the document, and, when not apparent, the relationship of the author and addressee. E. If defendants are unable to respond to a portion of an interrogatory because defendants lack information necessary for a response or object to providing a response, defendants should so state and answer that portion of the interrogatory to which they are able to respond. INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS I. Identify all members of the President's Task Force on Health Care Reform ("the Task Force"). 2. Identify all persons who servedd as members of, participated in meetings of, attended meetings of, and/or were invited to attend meetings of the Task Force, the Task Force interdepartmental working group, all cluster groups, the Health Professional Review Board, the group(s) looking at cost issues, the group(s) looking at legal issues, and the group(s) looking at 5
administrative simplification and quality issues, and any other groups or subgroups that were created, formed, established held meetings, reported to, rendered advice or information to, or otherwise assisted, supported, or acted in connection with the Task Force and the groups specified above, (hereinafter, all of the foregoing groups, including the Task Force, shall be referred to collectively as "Task Force groups") and any and all advisors or consultants to any of the Task Force groups. In identifying all such persons, indicate all Task Force groups with which they were associated. 3. State the identity of all documents and communications relating to the persons identified in response to Interrogatories 1 and 2, including all documents relating to any me~tings held by the Task Force groups or by members of the Task Force groups with other persons and the dates and locations of the meetings, including but not limited to meeting agendas, meeting minutes, a list which states the identity of all meeting attendees for each meeting, including their names, addresses, and occupations, and any and all documents and communications which dentify the roles of the meetings' participants and the purpose of the meetings. 4. As to each person who served as a member of, participated in meetings of, or attended meetings of a Task Force group, if the person was not a full-time officer or employee of the Federal Government, state: (a) whether the person was a special government employee while performing services for a Task Force group; 6
(b) whether the person was deemed to be, or denominated as, a consultant to a Task Force Group; (c) the name of the person's regular employer and the person's job title with that employer (If any such person was selfemployed, identify any partnership, group practice, firm or other entity with which the person was affiliated in offering the person's services for remuneration); (d) the length of time that the person performed services for any Task Force group and, if the person received any remuneration while performing services for a Task Force group, the amount of remuneration received (including payment or reimbursement for out-of-pocket and travel expenses) and the identity of the entity providing the remuneration. 5. Identify all documents reflecting the information provided in response to Interrogatory 4, including but not limited to conflict of interest or ethics forms supplied to or signed by the persons performing services for the Task Force groups, payroll records, expense accounts, expense records, and travel records. 6. Describe the operations, activities, purposes, structure, and organization of each Task Force group. 7. Identify each written contract, a~reement or letter of invitation to participate with the Task Force qroups involving any federal employee, special government employee, advisor, consultant or other person, who was a member of or an advisor or consultant or participant on a Task Force group, including, for each such agreement: 7
(a) the date of the contract, agreement or letter of invitation; (b) the subject matter of the contract, agreement or letter of invitation; (c) any person with knowledge of the contract, agreement or letter of invitation; (d) all documents and communications concerning the contract, agreement or letter of invitation, including but not limited to payroll records, expense accounts, expense records, and travel records. 8. Identify each oral contract or agreement involving the Task Force groups and any federal employee, special goverpment employee, advisor, consultant or oth~r person who was a member of or an advisor or consultant or pafticipant n a Task Force group, including, for each such contract or agreerient: a. the date of the oral contract or agreement; b. the subject matter of the oral contract or agreement; c. any person with knowledge of the oral contract or agreement; d. all documents and communication s concerning the oral contract or agreement, including but not limited to payroll records, expense accounts, expense records, and travel records. 9. Identify any organizational charts or similar documents that reflect the structure and/or interrelationship among and between the Task Force groups and their members and participants. 8
10. identify those persons who were responsible for directing the activities of each Task Force group. 11. Identify those persons who were responsible for directing communications to, from, among, between and within each Task Force group and to, from, among, and between the members and/or participants in each Task Force group. KENT MASTERSON BROWN, ESQ. CHRISTOPHER J. SHAUGHNESSY, ESQ BROWN & BROWN, P.S.C. 1114 First National Building 167 West Main Street Lexington, Kentucky 40507 (606) 233-7879 Facsimile (606) 252-6791 FRANK M. NORTHAM, ES Bar No. 206110 ALAN P. DYE, ESQ. Bar No. 215379 WEBSTER, CHAMBERLAIN & BEAN 1747 Pennsylvania Avenue, N.W. Suite 1000 Washington, D.C. 20006 (202) 78S-9500 COUNSEL FOR PLAINTIFFS, ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC., AMERICAN OUNCIL FOR HEALTH CARE REFORM, and NATIONAL LEGAL & POLICY CENTER 9
CERTIFICATE OF SERViCE This is to certify that a true and correct copy of the foregoing has been served upon Defendants by hand-delivering a copy of same to Defendants' counsel of record, Jeffrey Gutman, Esq. and David Andersen, Esq., U.S. Department of Justice, 901 E Street, N.W., Room 952, Washington, D.C. 20004-2037 on this day of July, 1993. Frank M. Northam 10