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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

THE CHESTER COUNTY HOSPITAL : CIVIL ACTION 

 : NO. 02-2746 

 v. : 

 : 

INDEPENDENCE BLUE CROSS, : 

QCC INSURANCE COMPANY, : 

KEYSTONE HEALTH PLAN EAST, and : 

KEYSTONE MERCY HEALTH PLAN : 

PLAINTIFF THE CHESTER COUNTY HOSPITAL’S RESPONSE TO MULTIPLAN’S

MOTION TO INTERVENE AND/OR FOR A PROTECTIVE ORDER

Plaintiff, The Chester County Hospital (the “Hospital”), by its attorneys, respectfully 

submits this Response to MultiPlan’s Motion to Intervene and/or for a Protective Order (the 

“Motion”). 

RESPONSE

The Hospital is not opposed to MultiPlan’s Motion, but believes that the supplemental 

protections sought by MultiPlan – adding a new category of documents to the Court’s January 

24, 2003 Protective Order (the “Order”), and restricting disclosure of documents within this 

category to outside counsel – can be accomplished by granting the Hospital’s Motion to Modify 

the Protective Order (“Motion to Modify”). Both the Hospital and MultiPlan seek changes to the 

Order that would restrict disclosure of competitively sensitive insurer reimbursement rate 

information to outside counsel. 

The Order defines the category “highly confidential” as information or the contents of 

any document which satisfies the definition of “confidential information,” and “(a) which the 

Disclosing Entity contends is either proprietary or a trade secret, or (b) which reveals health care 

provider reimbursement rates or the negotiation of such reimbursement rates with health care 

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providers.” See Order at ¶ 7. On May 30, 2003, the Hospital filed its Motion to Modify to 

extend the protections of the Order to MultiPlan and other insurers (the “Insurers”), and limit 

disclosure of category (b) material designated by the insurers as “highly confidential” to outside 

counsel.1

 

In its Motion, MultiPlan proposes a new category of documents to the Order, and 

proposes restricting disclosure of documents within this category to the entities listed in 

paragraphs 10(a)-10(i) of the Order, excluding paragraphs 10(b) and 10(g). These paragraphs, 

10(b) and 10(g), control disclosure of highly confidential information to employees, including inhouse counsel, of parties to this litigation. MultiPlan’s proposed protections are therefore 

consistent with the Hospital’s proposed modifications because both seek to restrict disclosure of 

insurer reimbursement rate information to outside counsel. 

 

1

 The Hospital also proposed to limit disclosure of category (a) material designated “highly 

confidential” by insurers to Defendant Independence Blue Cross (“IBC”) in-house counsel who 

are not involved in making competitive business decisions; to extend the protections of 

paragraph 10(a) of the Order to the insurers; and to make other fundamental but less important 

changes to the Order as reflected in the Motion to Modify. 

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CONCLUSION 

For the foregoing reasons, The Chester County Hospital respectfully requests that its 

Motion to Modify be granted. 

 Respectfully Submitted, 

 

 _______________________________ 

 Lewis R. Olshin 

 Wayne A. Mack 

 Seth A. Goldberg 

 Duane Morris LLP 

 One Liberty Place 

 Philadelphia, Pennsylvania 19103-7396 

 

 Richard A. Feinstein 

 Daniel A. Kotchen 

 Boies, Schiller & Flexner LLP 

 5301 Wisconsin Avenue, N.W. 

 Washington, D.C. 20015 

 Attorneys for 

 THE CHESTER COUNTY HOSPITAL 

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