First Set of Interrogatories to Northern Indiana Health Systems

     [||2cade7fc-5d32-4a04-9a3a-8ad5c1262056||] IN THE UNITED STATES DISTRICT COURT 

MAY 6 19 
FOR THE NORTHERN DISTRICT OF INDIANA S77 

Aloisi ir 
HAMMOND DIVISION FRANCIS T. GRANDYS, 01 £rK U. 8. DISTRICT, COURT, 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., A 

Not-for-Profit Corporation 
and others similarly situated Civil Action No. 

VS. Plaintiffs 
  

METHODIST HOSPITAL OF GARY, 

INC., An Indiana Not-for- 
Profit Corporation and DENIS 
E. RIBORDY, as President of 
the Board of Directors, et al 

yd /7 7 - [2D 7 

Defendants 

FIRST SET OF INTERROGATORIES TO NORTHERN INDIANA 

HEALTH SYSTEMS AGENCY, INC. 

Plaintiffs request that defendant Northern Indiana Health 

Systems Agency, Inc., and its agents and employees (hereinafter 

"HSA") answer under oath, pursuant to Rule 33 of the Federal 

Rules of Civil Procedure, the following interrogatories,and re- 

quest separate, complete written responses to each within forty- 

five (45) days after their service. With respect to each inter- 

FoEathry please state the source of the answer given or, if ap- 

propriate, the name and title of the officer, agent or employee 

having knowledge of the facts. 

These interrogatores are to be deemed continuing in nature 

and supplemental answers shall be required of you if prior to 

trial you directly or indirectly obtain further or different in- 

formation from that contained in the answer. 

In answering each interrogatory defendants are requested to 

identify in a manner suitable for use as a description in a sub- 

poena or notice for production of documents, or to produce: all       
 



      

of the information (whether documentary, human or otherwise) and 

all records maintained by, and/or in the possession of control of 

defendants or any other person or organization which pertain or 

relate to the information called for by each interrogatory, 

whether or not such identification or production is specifically 

requested in that interrogatory. 

A. 

1. Describe briefly but completely all agreements and 

amendments to agreements between the HSA and any state or federal 

agency, bureau, division or department concerning responsibili- 

ties, functions, and operations under Section 1122 of the Social 

Security Act, as amended in 1972, 42 U.S.C. § 1320a-1 (herein- 

after Section 1122), the Hill-Burton program, Section 314 of the 

Public Health Services Act, Titles XV and XVI of the National 

Health Planning and Resource Development Act of 1974, and any 

other state or federal law or authority. 

2. Describe briefly but completely all functions, re- 

sponsibilities and obligations of the HSA pursuant to any agree- 

ments and contracts with state and federal agencies, bureaus, 

divisions or departments; including but not limited to Section 

1122, the Hill-Burton program, Section 314 of the Public Health 

Services Act, and Titles XV and XVI of the National Health 

Planning and Resource Development Act of 1974. 

3. Describe all written or oral guidelines or instructions 

for the operation of the functions and programs set forth in the 

answers to Interrogatories 1 and 2, and state what person or 

agency issued or authorized such guidelines. Identify all 

written guidelines or instructions, and attach copies of each to 

  

 



      

this discovery instrument. 

4. Specify the authority (e.g., statute, contract, execu- 

tive order, etc.) pursuant to which the HSA is operating to ful- 

fill its health facilities construction responsibilities under 

Section 1122 and, if applicable, the Hill-Burton program. 

5. Describe briefly but completely the geographical area 

over which the HSA has authority and responsibility with respect 

to the functions and programs set forth in the answers to 

Interrogatories 1 and 2. Include descriptions of any sub-areas, 

how, when and why these areas and sub-areas were determined, and 

whether, how and why areas have been modified or redlined. 

6. Describe briefly but completely when the HSA was organ- 

ized and when and how it began operation. 

7. List all offices of the HSA and their addresses, indi- 

cating which, if any, is the main office, when each began opera- 

tion, and whether each has specific functions, obligations, re- 

sponsibilities or particular geographical or project concerns. 

8. State the name of the most recent predecessor to the 

HSA; when and why it ceased operation; and whether, how and why 

the functions, obligations and responsibilities of the HSA differ 

from its predecessor. 

9. Describe briefly but completely the organizational 

structure of the HSA, including any committees, divisions or 

units. 

10. Describe briefly but completely the functions of each 

of the components of the organizational structure identified in 

the answer to Interrogatory 9. 

11. For each of the functions set forth in the answer to 

Interrogatory 10, specify the title or position of the person in 

charge of such function. 

  

 



      

12. For each title or position listed in the answer to 

Interrogatory ll, state the name, race, national origin, sex 

occupation, date and method of appointment and term of office of 

each person who has served in such position since the HSA began 

operation. 

13. Identify all other present members of the HSA not listed 

in the answer to Interrogatory 12, and state the following for 

each: his or her name, race, national origin, sex, occupation, 

date and method of appointment, job title, job function, and term 

of office or position. 

14. Identify all present employees of the HSA, and state 

for each: race, national origin, sex and duties. 

15. State whether any of the present or former members or 

employees of the HSA, members of their families or business asso- 

ciates now serve or ever served in any capacity on a Board or 

other division of Methodist Hospital of Gary, Inc., has or had 

staff privileges at Gary Methodist Hospital or Broadway 

Methodist. If the HE is affirmative, list the names and 

occupation of each such person. 

16. Describe specifically the standards, guidelines and 

procedure for choosing members of the HSA, and the authority pur- 

suant to which such standards, guidelines and procedures were 

promulgated and adopted. Identify all written guidelines, memo- 

randa and instructions concerning these standards and procedures 

and attach copies of each to this discovery instrument. 

17. Separately and completely describe the procedures, 

standards and guidelines through which applications concerning 

health facilities proposals are received and proposed and recom- 

mendations made for Section 1122, Hill-Burton or any other 

dle   
 



      

programs described in the answers to Interrogatories 1 and 2. 

18. Identify any written guidelines, or instructions con- 

cerning the procedures described in the answer to Interrogatory 

17 and attach copies of each to this discovery instrument. 

19. For each year since the HSA began operation, identify 

each hospital facility construction project which was submitted 

to the HSA under any of its functions (including but not limited 

to Section 1122 and the Hill-Burton Program); identify which 

Hinction pertained to each; the tecztion of the project; and the 

disposition of each application. 

20. Specifically identify any of the projects listed in 

the answer to Interrogatory 19 which involved a relocation of an 

existing health facility, the construction or expansion of a new 

health facility not within the City of Gary, Indiana by a cor- 

poration or applicant which operates a health facility within the 

City of Gary, or the construction of expansion of a new health 

facility not within the City of Gary by a corporation or appli- 

cant which does not operate a health facility within the City of 

Gary. 

21. State whether any of the projects identified in the 

answers to Interrogatory 19 were reviewed by the HSA for com- 

pliance with Title VI of the Civil Rights Act of 1964 and/or § 504 

of the Rehabilitation Act of 1973,as amended, (a) prior to ap- 

proval or disapproval of He project by the HSA or (b) after ap- 

proval of the project by the HSA, any state agency or the 

Department of Health, Education and Welfare. If the answer is 

affirmative, identify all such projects and identify and attach 

copies of all letters, durveys and reports issued by the HSA or 

anyone working on its behalf concerning such reviews. 

I 

  

 



      

22. Describe the method by which the HSA determines the 

needs of various population groups in the area for which it is 

responsible for new and/or expanded health facility construction. | 

23. Identify and describe any and every plan, study, report   
or proposal which the HSA has undertaken, written or used to de- 

termine the needs of various oilation groups for new and/or 

expanded health facility construction. 

24. Describe what efforts the HSA has made or is making to 

determine the needs of and/or services delivered to black and 

Hispanic and handicapped citizens. Identify which of the plans, 

studies, reports or proposals described in the answers to Inter- 

rogatory 23 pertain to the needs of and services to (a) blacks and 

Hispanics and (b) handicapped persons, and deacvive the findings, 

summaries, concludions and recommendations of each. 

B. 

Note: In the answers to Interrogatories 25 through 36, 

state, if and where applicable, the specific application of 

Methodist Hospital, by date (e.g., 1974 application, 1976 applica- 

tion) to which the answer pertains. 

25. Identify all proposals, submissions, amendments, letters, 

studies, communications, reports, minutes of meetings and notes 

from which minutes were prepared of the HSA or any task force,   subcommittee or staff concerning the projects submitted by 

Methodist Hospital of Gary, Inc., involving the construction and/ox 

expansion of Broadway Methodist Hospital, and any alternative pro- | 

posals filed with the HSA or its predecessor Methodist Hospital of | 

Gary, Inc., since 1970 until the time these interrogatories are 

answered. 

26, List all members, employees, staff, consultants, or 

ww iby 

  
 



      

other persons working for or on behalf of the HSA who were in- 

volved with, were consulted, worked on, or otherwise dealt with 

proposals, applications and projects of Methodist Hospital of 

Gary, Inc., concerning the construction and/or expansion of 

Broadway Methodist Hospital and describe the job, function and 

responsibility of each concerning such proposals. 

27. State whether the HSA, its employees, staff and/or 

consultants made pre-approval recommendations to any agency or 

person, including the Indiana State Board of Health, the Health 

Planning Agency and Development Division, the Health Facilities 

and Service Review Division, Methodist Hospital of Gary, Inc., 

and/or HEW, concerning the construction and/or expansion of 

Broadway Methodist Hospital. If the answer is affirmative, state 

whether there was any member or staff or consultant of the HSA 

who disagreed with the recommendation and identify the dates of 

all such recommendations and minority reports. 

28. Separately describe the nature and contents of all 

studies, reports and recommendations made for the HSA in con- 

nection with the proposals for the construction and/or expansion 

of Broadway Methodist Hospital. 

29. State whether the HSA requested any reports or asked 

any questions of anyone connected with or working on behalf of 

Methodist Hospital of Gary, Inc., concerning the construction 

and/or expansion of Broadway Methodist Hospital. If the answer is 

affirmative, specifically describe all such questions and the 

contents of all reports, and the contents of all reports of the 

HSA, its staff, consultants. and/or anyone working in its behalf 

analyzing, supporting or refuting any of the answers or reports. 

Fv 

  

 



      

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30. Describe in detail the factors considered and basis 

upon which proposals for the construction and/or expansion of 

Broadway Methodist Hospital were recommended and/or approved by 

the HSA and its predecessor. Specifically include: 

(a) the conclusions as to each criterion required 

under the Section 1122 regulation and the 1122 agreement between 

the Health Facilities and Service Review Division of the Indiana 

State Board of Health and HEW; 

(b) the bases upon which the conclusions set forth 

in the answer to Interrogatory 30 (a) were made; 

(c) the role of and weight given to any information 

submitted by Methodist Hospital of Gary, Inc., to the HSA; 

(d) the vote of each member of the HSA on each proposal 

(e) the projections concerning population growth, com- 

munity development, and need for health facilities in the immed- 

iate vicinity of the Merrillville, Indiana site of Broadway 

Methodist Hospital; 

(f) any conclusions required under the Hill-Burton 

regulations and state or local plans for comprehensive and co- 

ordinated health facilities under Section 314 (b) of the Public 

Health Services Act. 

3l. Separately state whether HSA made, or considered had 

made, any studies, plans, or reports to determine: 

(a) the race, age, economic status, and location of 

the patients who were served by Gary Methodist Hospital prior to 

the opening of Broadway Methodist Hospital; 

(b) the race, age, economic status and location of 

the patients served by Broadway Methodist Hospital;   
 



      

(c) the health needs of the various racial and econom- 

ic groups served by Methodist Hospital of Gary, Inc.; and 

(d) the impact of the construction and/or expansion of 

Broadway Methodist Hospital on those various racial and economic 

population groups. 

32. If the answer to Interrogatory 31 is affirmative in 

whole or in part, describe in detail all such studies, plans, and 

reports, including the person or groups who prepared them, their 

contents, recommendations, if any, and the weight given them by 

the HSA. 

33. State whether the HSA made, had made, or considered any 

plans, studies or reports to determine the accessibility by the 

lower income, racial minority, and/or handicapped residents of 

Gary to Broadway Methodist Hospital, by public transportation or 

otherwise. If the answer is affirmative, describe in detail all 

such studies, plans and reports, including the person or groups 

who prepared them, their contents, recommendations, if any, and the 

weight given them by the HSA. 

34. State whether the HSA made, had made, or considered any 

plans, studies or reports: 

(a) to determine the race, location and national origin 

of the employees at Broadway Methodist Hospital; and 

(b) to compare the staff and employees of Gary 

Methodist Hospital and Broadway Methodist Hospital. 

If the answer is affirmative, describe in detail all such studies, 

plans and reports, including the person or groups who prepared 

them, their contents, recommendations, if any, and the weight given 

them by the HSA.   
 



  

35. State whether and how the HSA considered the financial 

cost or impact of the construction and/or expansion of Broadway 

Methodist Hospital. Include whether, and, to what extent, the 

HSA considered: 

(a) the cost represented by the Capital Construction; 

(b) the cost of the alternative of modernizing Gary 

Methodist Hospital; 

(c) the cost of producing adequate public transporta- 

tion to employees, to patients and to visitors who are residents 

of Gary, and who would bear the cost; 

(d) the cost to the City of Gary of potential and/or 

actual movement of doctors and doctors' offices and business re- 

location. 

36. State whether, how and to what extent the HSA considered 

the effect the construction and/or expansion of Broadway Hospital, 

with all private rooms, would have on the number of lower income 

patients at that facility. 

37. State whether the HSA applied for designation, and/or 

has been designated, as the health service agency under Title XV 

of the National Health Planning and Resource Development Act of 

1974: If the answer is affirmative, describe all efforts made to 

become so designated and identify all documents, applications and 

communications concerning such efforts. 

38. Describe whether, when, how and why the HSA and/or any 

state or federal agency, department or division has developed 

plans, standards or guidelines for comprehensive health planning, 

including health facilities and services for the area in which the 

HSA operates. Include the following information: 

XO       
 



      

(a) a specific definition of the area served by the 

HSA; 

(b) how the boundaries of the area described in 38 (a) 

was determined; 

(c) a specific description of any sub-areas or service 

areas within the area described in 38(a), and how the boundaries 

of those sub-areas or service areas were determined: 

(d) whether, how and why the areas and sub-areas have 

changed, 

(e) a list of the persons, agencies, departments or 

divisions responsible for making the determinations listed in 

38 (a) through (4d); 

(£) a a list of any plans, studies, reports or docu- 

ments used to make the determinations. 

Respectfully submitted, 

Al a 2A 

JACK GREENBERG 

MELVYN R. LEVENTHA 

BETH J. LIEF 

10 Columbus Circle 
New York, New York 10019 

  

JULIAN B. ALLEN 

CHARLES B. MILLER 

2009 Broadway 
Gary, Indiana 46407 

MARILYN G. ROSE 

CHRISTINE G. HICKMAN 

1751 N Street, N.W. 

Washington, D.C. 20036 

Attorney for Plaintiffs [||2cade7fc-5d32-4a04-9a3a-8ad5c1262056||]