SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ---------------------------------------------------------------------------X QUALITY CHOICE HEALTHCARE, INC. d/b/a QUALITY CHOICE CORRECTIONAL HEALTHCARE and NEW YORK HEALTHCARE MEDICINE, PLLC., Index No. EF006544-2016 -v- Plaintiff, PLAINTIFFS FIRST SET OF INTERROGATORIES THE COUNTY OF ORANGE, NEW YORK, and NEW YORK CORRECT CARE SOLUTIONS MEDICAL SERVICES, P.C. and JOHN DOES 1-3 the names being fictitious and unknown to Plaintiffs, Defendants, ---------------------------------------------------------------------------X Hon. Elaine Slobod, Assigned Justice The plaintiffs request that each of the defendants except where a particular demand is made only of a specified party answer the following interrogatories under oath in accordance with Article 31 of the Civil Practice Law and Rules: DEFINITIONS A. The term document shall include the plural and shall mean, unless otherwise indicated, any printed, typewritten or handwritten matter of whatever character, including without limitation, the original and each non-identical copy of each and any writing, memorandum, letter, correspondence, electronic mail ( e-mail ), telegram, note, minutes, contract, agreement, lease, book, inter-office and intra-office communication, bulletin, circular, procedure, pamphlet, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, report, calendar, notes, computer print-out, computer disk and program, price quotation, card file, voucher, invoice, purchase order, work order, permit, statements of employees, table of organization, advertisement -1-1 of 16
or other promotional material, audited and unaudited financial statement, newspaper or newsletter, diagram, photograph, and any other tangible item or thing of written, readable, graphic, audible or visual material of any kind of character, including, but not limited to data stored on magnetic media for audible or computer use or for word processing purposes, whether handwritten, typed, Xeroxed, Photostatted, printed, duplicated, reproduced, recorded, videotaped, photographed, copied, microfilmed, micro carded, or transcribed by any means including, without limitation, each interim as well as final, draft and each revision which is in the possession, custody or control of Plaintiff or, as may be applicable, persons subject to its direction. A document includes any removable Postit notes or other attachments affixed to any of the foregoing. For electronic communications, document includes all embedded information as well as the text of the communication. You are obligated to search all computers, servers, archives (including lap-top computers) used by Plaintiff and all of its agents for related e-mails and other documents that may be responsive to this request. B. Each, any and all shall be construed broadly and shall mean each, any or all or each, any and all wherever such meaning broadens the meaning of any sentence or phrase. C. The words or and and shall be construed either conjunctively or disjunctively to provide the most expansive responses and to bring within the scope of this request, information that might otherwise be construed to be outside its scope. D. Singular shall refer to the plural and plural to the singular whenever applicable. E. Defendant shall mean the named defendants as well as any of their agents, employees, representatives, officers, principals, owners, shareholders, attorneys, assigns, accountants, and/or all other persons acting on their behalf. -2-2 of 16
F. You and Yours refers to and includes the named defendants and any affiliates, agents, attorneys, and/or other persons or entities acting or purporting to act on their behalf. G. Person shall mean any natural person, corporation, partnership, joint venture, association, sole proprietorship, company, group, organization, trust, estate, business, or governmental entity or agency (public or private) and any entity of any description that has a separate identity, recognized in law or in fact to have legal rights and obligations. Any reference to a person that is not a natural person includes its present and former officers, executives, partners, directors, trustees, employees, attorneys, agents, representatives and all other persons acting or purporting to act on behalf of the person or entity, and also its subsidiaries, affiliates, divisions, predecessors and successors in interest. H. Action refers to and includes the above captioned action. I. Communication means any oral or written exchange, statement, dialogue, colloquy, discussion, conversation, or direct or indirect representation, whether in person, by telephone, document, facsimile, electronic mail, instant message or any other medium and also means any transfer or transmittal of thoughts, ideas or information between persons by any means. J. QCCH shall mean the plaintiff, Quality Choice Healthcare, Inc. d/b/a Quality Choice Correctional Healthcare. K. NYHM shall mean the plaintiff, New York Healthcare Medicine, PLLC. L. Contract shall mean that certain Consultant Services Agreement and partial Assignment, Assumption and Consent Agreement dated January 1, 2015, together with the Amendment to the Consulting Agreement including, but not limited to, the request for proposals dated on or about May 14, 2014 for the provision of inmate healthcare services at Orange County -3-3 of 16
Correctional Facility designated as RFP-OCS02-14 ( the RFP ). INTERROGATORIES 1. State whether you have had any communications with William L. Deprospo, concerning the provision of healthcare and/or healthcare management services at the Orange County Correctional Facility from January 1, 2014 to the present. If the answer is in the affirmative: (A) State the dates of all such communications; (B) State the substance of each communication; (C) State whether the communication was oral or in writing, and if in writing, provide a copy of each such communication. 2. Defendant, New York Correct Care Solutions Medical Services, P.C.: State the form of CCS s business, entity organization, the date and State that the organization was formed and/or registered to do business in the State of New York. 3. Defendant, New York Correct Care Solutions Medical Services, P.C.: State the affiliation as exists or may have exited by and between CCS and the company Correct Care Solutions located in Nashville, Tennessee. 4. Defendant, New York Correct Care Solutions Medical Services, P.C.: State whether you or its representatives or affiliates submitted a proposal in response to a request for proposals dated on or about May 14, 2014 for the provision of inmate healthcare services at Orange County Correctional Facility designated as RFP-OCS02-14 ( the RFP ). If the answer is in the affirmative, produce copies of all documents submitted to Orange County on behalf of CCS in response to the RFP. 5. Defendant, New York Correct Care Solutions Medical Services, P.C.: State whether -4-4 of 16
you were was awarded a contract with Orange County in response to your proposal to the RFP referred to in the previous interrogatory. 6. Defendant, New York Correct Care Solutions Medical Services, P.C.: State whether you have knowledge of who was awarded a contract, if anyone, with Orange County in response to the RFP referred to in the previous interrogatory. If the answer is in the affirmative, state: (A) when CCS became aware of the contract award; and (B) to whom the contract was awarded. 7. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representatives, at any time subsequent to the RFP contract award to the Plaintiff Quality Choice Healthcare Inc. d/b/a Quality Choice Correctional Healthcare ( Quality ) and prior to February 19, 2016 had any communications, written or oral, with the County of Orange, its employees or representative including anyone at the County Sheriff s Office or any elected official of the County of Orange with reference to inmate correctional healthcare at the Orange County Correction Facility while the contract award to plaintiffs was in full force and effect. If the answer is in the affirmative, state: (A) who acted on behalf of CCS; (B) the dates of each and every contact made on behalf of CCS; (C) the person or persons to whom such contact was made; (D) the substance of all contact communications made on behalf of CCS; (E) if such communications were made in writing produce a copy of all such writings or notes; (F) if such communication were oral, set forth the substance of each such -5-5 of 16
communication, identifying all parties thereto including where and when each such communication was made. 8. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates, or representatives have engaged the services of William L. DeProspo, ( DeProspo ) in any capacity whatsoever at any time prior to or subsequent to February 19, 2016. If the answer is in the affirmative state (A) when the services of DeProspo commenced; and (B) whether the services of DeProspo were based on an oral or written agreement. If written set forth a copy thereof. If oral set forth when and where any such agreement was made, the substance of the agreement and who acted on behalf of each of the parties. 9. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representative engaged the services of any other person or entity in any capacity whatsoever whether for hire or otherwise to secure the contract for its services with Orange County dated February 19, 2016 for inmate healthcare at the Orange County Correctional Facility. If the answer is in the affirmative, state: (A) the identity of the person or entity so engaged; (B) the nature of the services provided by the person; (C) whether you paid the person, and if so, the amount paid. (D) whether such services were made pursuant to a written or oral agreement; and if written set forth a copy thereof. If oral set forth when and where any such agreement was made, the substance of the agreement and who acted on behalf of each of the parties. 10. Defendant, New York Correct Care Solutions Medical Services, P.C.: State whether -6-6 of 16
you have been solicited by any third parties offering to assist you (as a consultant, attorney, agent or the like) in procuring a contract for the provision of healthcare and/or healthcare management services at the Orange County Correctional Facility. If the answer is in the affirmative: (A) Identify each such party (by name, last known address and telephone number); (B) State the nature of the assistance offered by that party; (C) State whether you paid that party, and if so, the amount paid. 11. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether CCS, its affiliates or representatives, entered into a written contract with the County of Orange dated February 19, 2016 to provide inmate healthcare services at the Orange County Correctional Facility. If the answer is in the affirmative: (A) set forth a copy thereof; (B) state when the contract negotiations began between Orange County and CCS its affiliates or representatives to replace the Plaintiffs as the provider of inmate administrative and healthcare services provider; (C) state when such contract negotiations were concluded; and (D) what variations, if any were negotiated in the contract terms that differed from the contract terms offered in the original request for proposals dated on or about May 14, 2014 for the provision of inmate healthcare services at Orange County Correctional Facility designated as RFP-OCS02-14 ( the RFP ). 12. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representatives commenced service at the Orange County Correctional Facility on February 19, 2016. If the answer is in the affirmative: -7-7 of 16
(A) state whether CCS its affiliates or representatives conducted an inventory of any and all medical supplies, medications, office equipment, employee records, payroll records, and inmate medical charts; (B)who if anyone was such inventory shared with; and (C) if such inventory was conducted by CCS its affiliates or representatives provide a complete written account of such inventory. 13. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representative engaged the services of any of Plaintiffs employees, or independent contractors who were working at the Orange County Correctional Facility at or prior to February 19, 2016. If the answer is in the affirmative, state: (A) the name of each such employee of the Plaintiffs engaged by CCS its affiliates or representatives; (B) the name of each independent contractor engaged by CCS its affiliates or representatives; and (C) the name of any employee or independent contractor to whom continued services were offered and refused.. 14. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representatives, posted on social media nursing and or staff jobs available at the Orange County Correctional Facility prior to February 19, 2016. If the answer is in the affirmative set forth a copy of all such postings made. 15. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): -8-8 of 16
What contributions, if any, did you, your affiliates or representatives make to the campaign of public officials for public office in the County of Orange in the years 2015 and 2016. 16. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representatives has knowledge or information concerning CCS SOLUTION SERVICES, INC. incorporated in the State if New York on July 13, 2015, with offices at Goshen, New York. If the answer is in the affirmative, state: (A) state what knowledge and information that you and/or your affiliates or representatives has of this corporate entity; (B) what persons or entity formed and filed this corporation in the State of New York; (C) what activities, if any said corporation had with the County of Orange at or prior to February 19, 2016 with reference to inmate healthcare at the Orange County Correctional Healthcare Facility; (D) whether this corporation is still active and maintains offices in the County of Orange; and (E) whether or not this corporation has contractual agreements, oral or written, with reference to any services being rendered with Orange County. If written set forth a copy thereof. If oral set forth the contents of such oral agreement and who acted on behalf of all parties involved. 17. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representatives contacted Diamond Pharmacy prior to February 19, 2016 in reference to continued services at the Orange County Correctional Facility. If the answer is in the affirmative, state: -9-9 of 16
(A) the first date on which CCS its affiliates or representatives made contact with Diamond Pharmacy; and (B) who acted on behalf of CCS and who acted on behalf of Diamond Pharmacy. If CCS its affiliates or representatives entered into a contract for service with Diamond Pharmacy set forth a copy thereof. If an oral agreement was reach set forth the substance of the agreement and who acted on behalf of each of the parties. 18. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether you, your affiliates or representatives engaged in conversation with Plaintiffs on site with physician, Dr. Jerod Milendorf, to continue services at the Orange County Correctional Facility after Plaintiffs services were terminated. If the answer is in the affirmative, state: (A) the date when and where such conversation or conversation began; (B) whether Dr. Milendorf accepted an offer from CCS its affiliates or representatives to continue his services at the Orange County Correctional Facility; (C) what the terms of such offer made and accepted were; and (D) whether Dr. Milendorf continues in service this date. 19. Defendant, New York Correct Care Solutions Medical Services, P.C. (CCS): State whether CCS, its affiliates or representatives met with Col. Kenneth Decker at the New York State Sheriffs Association Administrative Conference held in Saratoga New York September 28, October 1, 2015. If the answer is in the affirmative, state: (A) who on behalf of CCS met with Col. Decker; (B) whether the subject of inmate healthcare at the Orange County Correctional Facility was discussed; and -10-10 of 16
(C) whether CCS its affiliates or representative offered to Col. Decker its services at the Orange County Correctional Facility. 20. Defendant, The County of Orange ( County): State when you decided to terminate the Contract. 21. Defendant, The County of Orange ( County): State whether informed any person(s) prior to February 18, 2016 that you had decided to terminate the Contract. If the answer is in the affirmative: (A) Identify each person you so-informed; (A) State when you so-informed each person; (B) Identify each individual who so-informed the person on your behalf; (C) State how you so-informed each such person (orally or in writing). If it was in writing provide a copy of each such writing and if such communications were oral, set forth the substance of each such communication, identifying all parties thereto including where and when each such communication was made. 22. Defendant, The County of Orange ( County): Identify the individuals who made the decision to terminate the Contract. 23. Defendant, The County of Orange ( County): State why you decided to terminate the Contract. 24. Defendant, The County of Orange ( County): If it is claimed that either of the plaintiffs failed to comply with any of the terms and conditions of the Contract, identify, with specificity, each of the terms and/or conditions which you contend not complied with and state -11-11 of 16
whether you notified the plaintiffs they were not in compliance with such terms and/or conditions. If the answer is in the affirmative: (A) State when you so-notified the plaintiff(s); and (B) Identify each individual who so-notified the plaintiff(s) on your behalf; (C) State how you so-notified the plaintiff(s) (orally or in writing). If it was in writing provide a copy of each such writing and if such communication were oral, set forth the substance of each such communication, identifying all parties thereto including where and when each such communication was made. 25. Defendant, The County of Orange ( County): State why the termination letter, dated February 18, 2016 (a copy of which was filed in this action as NYSCEF Doc. No. 74), was signed by the Orange County Sheriff. 26. Defendant, The County of Orange ( County): State whether throughout the term of the Contract the plaintiffs employees and contract professionals providing non-clinical and medical services for inmate care were interviewed and approved by the County as duly qualified. 27. Defendant, The County of Orange ( County): State whether the Contract amendment providing for both hourly credits to the County and the imposition of a penalty for failure to maintain staffing Matrix levels is contained in the RFP bid documents and contract award. 28. Defendant, The County of Orange ( County): State whether the aforesaid Contract amendment language providing for both hourly credits to the County and the imposition of a penalty for failure to maintain staffing Matrix levels is contained in the contract documents between the County and New York Correct Care Solutions Medical Services, P.C. 29. Defendant, The County of Orange ( County): State whether the County, at the time -12-12 of 16
that the Contract documents were executed in April 2015, was justly indebted to the plaintiffs in a sum exceeding $800,000 for non-clinical and medical services for inmate care representing services rendered from January 1, 2015. If the answer is in the negative set forth the exact amount that the County was justly indebted to the Plaintiffs at the time the contract documents were signed and (b) whether the answer is yes or no provide copies of all checks and remittances paid to the plaintiffs in April 2015. 30. Defendant, The County of Orange ( County): State whether the County, pursuant to Article 21 of the contract, ever provided plaintiffs with written notice to cure any deficiencies of services within one-hundred twenty days after completion of services and submission of each monthly invoice by the plaintiffs. If the answer is in the affirmative, set forth the dates of such notice or notices and provide copies of any and all written notices to cure. 31. Defendant, The County of Orange ( County): State whether, pursuant to Article 3 of the Contract, the County objected in writing to all or any portion of th plaintiffs monthly invoices submitted to the County for payment during the term of the Contract. If the answer is in the affirmative, provide copies of all such written objections 32. Defendant, The County of Orange ( County): State whether, pursuant to Article 3 of the Contract, the County, in the absence of written objections to all or any portion of plaintiffs invoices, was required to pay th plaintiffs invoices within sixty (60) days of receipt thereof. 33. Defendant, The County of Orange ( County): State whether the County failed to pay to QCCH open invoices for the months of January and February 2016 in the sum of $261,217.14. If the answer is in the negative set forth a copy of said payment or remittance of all or any part of said invoices. -13-13 of 16
34. Defendant, The County of Orange ( County): State whether the County failed to pay NYHM open invoices for the months of December 2015 and January and February 2016 in the sum of $363,189.72. If the answer is in the negative set forth a copy of said payment or remittance of all or any part thereof. 35. Defendant, The County of Orange ( County): State whether the County paid any medical care costs in excess of $6000 per inmate per stay incurred by the QCCH pursuant to Schedule B of the Consultant Service Agreement, and (A) if the answer is in the affirmative, identify and produce copies of any documents evidencing payments made by the County to anyone for any off-site medical care including, but not limited to, Psychotropic, HIV and Hep C medications for correctional inmates; and (B) irrespective of whether the answer is in the affirmative of negative, provide copies of all invoices, if any, received by the County during the term of the Contract from QCCH for medical care costs in excess of the $6000 per inmate per stay, that have been paid or rejected for payment. If rejected by the County provide a copy of any and all written notice or notices to QCCH stating the reasons for failure to pay the same. 36. Defendant, The County of Orange ( County): State whether the County paid the plaintiffs for daily costs of inmates in excess of the contract minimum monthly population of 600 inmates. If the answer is in the affirmative, identify and produce copies of any documents evidencing payments made by the County to the plaintiffs. 37. Defendant, The County of Orange ( County): State whether the County or its providers received payment from the Federal Government for off-site and on-site medical care or pharmaceutical costs for ICE detainees at the Orange County Correctional Facility pursuant to its -14-14 of 16
ICE Contract with the Federal Government, inclusive of the years 2015 and 2016 during the term the Contract between Plaintiffs and the County. If Yes (a) provide a complete breakdown of all payments received by (b) the County or (c) its providers. If No provide (a) a copy of all written submissions to the Federal Government for payment which were denied or (b) state whether or not the County made any submissions for payment to the Federal Government pursuant to its ICE Contract, and if so provide a copy of each and every submission made for payment. 38. Defendant, The County of Orange ( County): State whether, at any time during the term of the contract, the County or ICE notified the plaintiffs in writing that the plaintiffs failed to provide adequate administrative or medical care for correctional inmates or ICE detainees at the Orange County Correctional Facility. If Yes (a) set forth a copy of such notice or notices. 39. Defendant, The County of Orange ( County): State whether the County received an achievement award or awards inclusive of the medical care of correctional inmates at the Orange County Correctional Facility for the period of January 1, 2015 to February 19, 2016 or any part thereof. If the answer is in the affirmative set forth a copy of said award or awards. 40. As to each of these interrogatories: (A) state the names and titles, if any, of all individuals who participated or assisted in preparing or supplying any information given to answer these interrogatories, or who prepared or supplied any answer, indicating in the case of each such individual, the interrogatory number which he prepared or for which he supplied any information or answer; (B) unless described or identified elsewhere in the answers to these interrogatories, please identify all other sources of information consulted or relied upon in preparing each answer. -15-15 of 16
PLEASE TAKE NOTICE that a copy of the defendants answers to these interrogatories in the form prescribed by CPLR 3134(a) must be served upon the undersigned on or before April 14, 2017. Dated: Larchmont, New York March 17, 2017 McMillan, Constabile, Foster & Perone, LLP To: by Langdon C. Chapman County Attorney for Orange County 15 Matthews Street, Ste. 305 Goshen, New York 10924 (845) 291-3150 lchapman@orangecountygov.com Attorney for Defendant, The County of Orange Kenneth W. Rudolph, Esq. 1415 Boston Post Road, Suite 10 Larchmont, New York 10538 (914)834-3500 Attorneys for the plaintiffs Kimberly A. Sanford Harriton & Furrer, LLP, 84 Business Park Drive, Suite 302 Armonk, NY 10504 (914)730-3400 KASanford@hflawllp.com Attorneys for Defendant, New York Correct Care Solutions Medical Services, P.C. -16-16 of 16