Plaintiffs' Third Set of Interrogatories to Defendants Paynter, Edwards, Wakefield and White

     [||7899b10e-bf2d-4d7a-ae36-7dd8c6ba3ad9||] IN THE 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BERNICE TERRY, et al., 

Plaintiffs, 

Va : NO. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

  

  

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

Vv. : NO. H 77-154 

METHODIST HOSPITAL OF GARY, INC., - 

et al., : 

Defendants. 

  

PILIAINTIFFS' THIRD SET OF INTERROGATORIES 

TO DEFENDANTS PAYNTER, EDWARDS, WAKEFIELD 

AND WHITE 

Plaintiffs respectfully request, pursuant to Rule 33 of 

the Federal Rules of Civil Procedure, that defendants answer 

the following interrogatories within ten (10) days. The 

definitions and rules set forth in plaintiffs’ first set of 

interrogatories apply to the following questions: 

l. Describe in detail all efforts, actions, steps, studies 

and/or procedures taken by the Indiana State Board of Health 

 



  

to comply with and/or implement "Methods of Administration 

to Assure Compliance with Title VI of the Civil Rights Act 

of 1964," attached as Exhibit A, with regard to: 

(a) all hospitals in Indiana; 

(b) development of State health plans; 

(c) hospitals which received and/or received 

Hill-Burton federal financial assistance. 

2. Describe in detail the complaint procedure described 

in Exhibit A, including: 

(a) when the complaint procedure was instituted; 

(b) what division and individual (s) are in charge 

of and/or responsible for the procedure; 

(c) specifically how the existence of the procedure 

is made known to the public in general and the minority 

residents of Gary, Indiana, in particular; 

(d) - the number of people from the Indiana State 

Board of Health assigned to process complaints; 

(e) the number of complaints received concerning 

hospitals, per year for the years 1969, 1970, 1971, 1972, 

1973, 1974, 1975, 1976, 1977 and 1978; 

(£) for each complaint listed in (e) above: 

1. the disposition; 

2. whether an investigation was conducted 

and, if so, the specific nature of the 

investigation. 

3. Describe specifically what Title VI civil rights com- 

pliance reviews the Indiana State Board of Health has done of: 

(2a) hospitals in Indiana: 

(b) hospitals in Lake County; 

-D= 

 



  

(c) Methodist Hospital of Gary, Inc. 

State the purpose of such reviews, the number of persons who 

conducted such reviews, the method of review, and attach 

copies of all reviews of Methodist Hospital of Gary, Inc. 

4. With regard to Projects 189, 212 and 213 of Methodist 

Hospital of Gary, Inc., state separately and specifically 

whether the Indiana State Board of Health made any independent 

analyses of these projects to determine actual or potential 

noncompliance with Title VI of the Civil Rights Act of 1964 

and regulations issued pursuant to Title VI. For each and 

every such analysis, if any, state: 

1 the person who performed or conducted the 

analysis; 

(b) the scope and content of such analysis; 

(c) the determination reached. 

Respectfully submitted, 

vy : A el ow ed 

  

JACK GREENBERG 

BETH J. LIFF 

BRENT SIMMONS 

10 Columbus Circle 

New York, New York 10019 

JULIAN ALLEN, JR. 

2009 Broadway 

Gary, Indiana 46407 

Attorneys for Plaintiffs 

 



sn ADMINISTRATION TO ASSURE conics 
WITH TITLE VI OF THLE CIVIL RIGHTS ACT OF 1464 

£ fe 

: "PE. “Tn \ 

In fulfilling obligations under Title VI of the Civil Rights Act of 1964, © \{ 

.& State Board of Hoalth will inform its own departmental staff by distributing ina " 

srpation concerning the sbove Act and rclated regulations to all menbers of the stuffs tatas. 

s conducting meetings to explain the duties and obligations uncer the Act; and by i 

onducting staff meetings to discuss the role of the state and local agencies in regard 

5 the act, ; 

  

* i . 
- . ¢ ¥ 

Persons outside the immediate state agency will be informed of Title VI of 

he Civil Rights Act of 1964 through letters of explanation when such information is 

ought by them; oral explanation when consultants are in the field; the monthly 

ablication of the. Indiana State board of llealth which has widespread circulation; and 

hrough explanatiuns to various groups who tour the State Board of Health. 

Totentiul participants of programs undor Title VI will be reached by letters 

f information about the Act when they scek information concerning funds and/or by 

aciuding a copy of the Act s&s an enclosure, with specific reference, when responding 

o their request for information, 

The rethods of reaching all other persons who may be interested will be much 

he sane a5 the above. This will be done Ly information disseminated through the 

onthly publication, oral explanations by staff when appropriate, and explanations 

0 those touring the Statc Board of liealth facility. | 

Local azencies and cther potential recipients will be instructed or informed 

f their obligations under Title VI by staff of the State board of licalth., These 

reaps will be reached through contacts with the Hospital Association, health officer" 

wetings held during the year, staff in-service training programs of local health 

‘cpartaents, and the monthly magazine published and distributed by the State Board of 

calth, Xn 7 

Purchasing for the Indiana State Board of Health is accomplished by a 

‘entral Purchasing Agency under the State Department of Adizinistration, The reverse 

;3de of the purchase order form under item 16, Law Compliance, is the statement that 

‘In performance of this Crder, the Seller agrees to comply at all tives with all 

:pplicable Federal, State and local laws and regulations,” 

The State Agency, in the development of their plens for Comprehensive Ad 

iealth Services will insure that the necds of all citizens of the State are included bod fie tl 

in such plans. Special efforts will be made to provide adequate health services [Some 

:specially for those living in hard pressed areas of the State and other disadvanteged Lani 

sroups, Membership of the State health planning council will be selected on a non- 

discriminatory basis. Ht eels: a : : 

-—-As pa part of the administration of Title VI, a person or persons who make 

complaints to the Indizna State Beard of Health, alleging discriminatory practices, 

as set forth in Title VI or in the regulations relating to the Title, by the Indiana 
( Cy plod 

State soard of licalth, or by =n agency, institution or vendor with which the Indiana 

State Board of ilealth has financial transactions involving federal grant funds will Ero ciiong 

be required to submit & signed complaint in writing. The complainant will be asked - 

to indicate the type of discrimination alleged, time and place of alleged discrinina- 

tion and other pertinent facts and circumstances of alleged discrimination, 

I xX bos 5 | T A  



; Cooplaints shufe sent to the state health ccllsstcner or, in the casc 
Jf complaints coming to staff members, the health commissioner will be advised of 
such complaints, The state health commissioner will direct the eppropriate division 

~ within the State Board of tlealth to take necossury stops to investigate the complaint, 
In cases of a complaint involving 8 local agency, the agency head will be informed of 
the complaint, requested to investigate the complaint, and render a ¥.¥opont to) hel FUND, 
state health commissioner on his findings, including corrective local action las’  Fhdi dated, 

Upon receipt of reports of an investigation of a complaint and upon receipt 
of 1eports of action taken, a deterniration shall be rade as to the validity of the 

complaint and a determination 1f any further corrective action is necessary. 

The complainant shall be advised of the disposition of his complaint, 

The Indiana State board of Health will request the assistance of the Indiana 
Civil Rights Comnrission where it is felt such assistance will aid in bring ging about a 
satisfactory disposition of a complaint, : TA 

Records of conplaints, investigations made and disposition of complaints shall : 
be kept and shall be esvailable for review by an official representative of the Department 
of tiealth, Education and Welfare, : : v 

-—The appropriate federal agency will be informed of complaints received, and / 
disposition of such complaints, by the State board of liealth. - : 

Compliance procedures and compliance per se will be reviewed at least 
antually. Mere frequent reviews will be made as the situation indicstes. The yearly 
report of the State Soard of iealth will indude information relative to activities 
undertaken, including the handling of complaints, in carrying out Title VI, 

Review of policies and practices of local agencies will bs accomplished in ™ 
the coursc of contact with such agencies in executing State Board of ficalth programs, 
Compliance with Title VI will be determined ot the time of renewal of contracts with 
local agencies, vendors or contractors. 

“In instances where local or other agencies which are recipients of federal 
funds aduinistered through the Indiana State Board of Health sre not complying, or 

cannot comply, the Fecoral Sumdies will be so advised, 
- — 

Instances in which recipient agencies or federal funds sdninistered by the 
State Board of ilealth do not comply, funds shall bo discontinued after thorough 
investigation and efforts to bring about coppliance. Agencies or institutions to which 
funds are discontinued E31 be so informed by the Stete iiealth Comzissiocner, 

 



  

Certificate of Service 
  

I hereby certify that a copy of the foregoing 

Plaintiffs' Third Set of Interrogatories 

To Defendants Paynter, Edwards, Wakefield 

and White 

was served by United States mail, postage prepaid, on 

the 15th day of March ry 1978, on counsel for 
  

defendants as follows: 

Rebecca L. Ross, Esq. 

Department of Justice 
10th and Pennsylvania Avenue 
Washington D.C. 

Marvin G. Garvin, Esg. and Edward L. Koven, Esq. 
Regional Attorney and General Attorney 
Department of Health, Education and Welfare 
300 South Wacker Drive, 18th Floor 
Chicago, 11llinois 

Fred W. Grady, Esq. 
Assistant United States Attorney 
Northern District of Indiana 
Federal Building, 502 State Street 

Hammond, Indiana 46325 

Attorneys for Defendant Secretary of Health, 

Education and Welfare 

Hodges, Davis, Gruenberg, Compton & Sayers 
Bruce E. Sayers, Esq. 
5525 Broadway 
Gary, Indiana 46401 

Attorneys for Defendant Methodist Hospital 
of Gary, Inc. pe. | 

Theodore L. Sendak, Esq. 

Assistant Attorney General of Indiana 
219 State House 
Indianapolis, Indiana 

Attorneys for State Defendants 

yy J ie M / 

A — IN A Be 

  

Beth J. Lief 
Attorney for Plaintiffs [||7899b10e-bf2d-4d7a-ae36-7dd8c6ba3ad9||]