Plaintiffs' First Set of Interrogatories to Indiana State Board of Health; Motion and Notice of Motion for Expedited Discovery Schedule

     [||79b3007b-0e16-48fc-9373-d5f749cb1a2d||] H UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

  

  

| BERNICE TERRY, et al., : 

| Plaintiffs, : 

| Vv. NO. H 76-373 

| METHODIST HOSPITAL OF GARY, INC., : 
I et al., : 

f Defendants. : 

| RICHARD GORDON HATCHER, et al., : 

| Plaintiffs, : 

| v. / NO. H 77-154 

| METHODIST HOSPITAL OF GARY, INC., : 
et al., 

Defendants. 

  

PLAINTIFFS' FIRST SET OF INTERROGATORIES TO INDIANA STATE 
BOARD OF HEALTH 

Pursuant to Rule 33 of the Federal Rules of Civil Procedure, 

| plaintiffs in the above-entitled action request that defendant 

Indiana State Board of Health, and its directors, agents and em- 

| ployees, answer, under oath, within twenty (20) days, interroga- 

| tories set forth below. 

I Each interrogatory should be answered upon your entire 

4 ' : ; : knowledge from all sources and all information in your possession 

or otherwis= available to you, including information from your 

officers, employees, agents, representatives, consultants, 

 



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council members, or attorneys, and information which 1s known by 

  

such officers, employees, agents, representatives, concultants, 

council members or attorneys. Every document or source of infor- 

mation not within your immediate or direct control must be con- 

sulted in answering each interrogatory propounded herein. 

In answering each interrogatory defendants are requested to 

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

I 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 or control of] 

defendant 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. 

If any of the following written interrogatories cannot be 

answered in full, answer to the extent possible, specifying the 

reason for your inability to answer the remainder, and stating 

  | all information or knowledge you have concerning the answered 

portion. If your answers are qualified in any respect, please 

| set forth the terms and explanations of each such qualification, 

| If any answer is given which states an objection to the in- 

|  terrogatory on any ground, please state said grounds completely. 

{ 

If the interrogatory is only partly objectionable, answer the re— 
| ] 

| mainder of the questions as set forth above. In accordance with 

subsection (e) of Rule 26, these interrogatories shall be deemed |   
continuing in nature and supplemental answers shall be required 

| of you Lf prior to trial you directly or indirectly obtain 

further or different information from that contained in the 

answer. 

f A.   
H 1. Describe briefly but completely all agreementsand amend- 

or Doe 

 



ments to sovedluss between the Indiana @ Board of Health and 

any other state or federal agency, bureau, division or department 

  

concerning responsibilities, functions, and operations under 

| Section 1122 of the Social Security Act, as amended in 1972, 42 

U.S.C. § 1320a-1 (hereinafter 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 Develop- 

ment Act of 1974, and any other state or federal law or authority.   2. Describe briefly but completely all functions, responsi- 

bilities and obligations of the Indiana State Board of Health 

pursuant to any agreements 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 Service Act, and Titles Iv and XVI of the 

|   National Health Planning and Resource Development Act of 1974, 

and any other state or federal law or authority. 

3. Describe and specify completely any delegation of func- 

| tions, responsibilities and obligations by the Indiana State 
| 

I Board of Health to any other agency, division or bureau within 

the state and list the names, titles, and duties of the persons 

| representing these agencies, divisions and bureaus.   
4, Describe all written or oral guidelines or instructions 

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

answers to Interrogatories 1, 2 and 3, 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. 

5. Specify the authority (e.g., statute, contract, executive 

| order, etc.) pursuant to which the Indiana State Board of Health 

is operating to fulfill its health facilities construction re- 

sponsibilities under Section 1122 and, if applicable, the Hill- 

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Burton program. 

  

I 6. Describe briefly but completely whether the Indiana 

  || State Board of Health has divided the state into geographical 

areas with respect to the functions and programs set forth in 

the answers to interrogatories 1, 2 and 3. 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 modi- 

fied or redefined. 

7. Describe in detail the interrelationship between the 

Indiana State Board of Health, its division and bureau, and the 

Northern Indiana Health Systems Agency, the state authorities 

under which they are operating, and the separate program respon- 

sibilities of each, and detail the procedures through which ap- 

provals or non-approvals of health facility proposals are made, 

whether for Section 1122, or for a certificate of need program, 

| or Hill-Burton. Attach copies of all guidelines and program 

instructions setting forth these procedures. In answering this 

I interrogatory specify whether the Northern Indiana Health Systems | 

Agency is "an advisory council," "a government council," or TE 

and specify the authority under which the applicable responsibi- 

ll lity was determined. 

( (a) Can the Indiana State Board of Health make a decision 

or approve or disapprove an application under either program (i. 

@., Section 1X22, State Certificate Of Need, Or Hill-Burion) 

different from that of the Health Systems Agency? If so, 

identify all projects in the past five years where different 

| decisions were made and indicate the difference in position. 

8. Has the Indiana State Board of Health applied for and/or 

 



  

  

    

    

    

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been designated the state agency under § 1521 of the National 

Health Planning and Resources Development Act of 19742? If not, 

which agency has applied for and/or been so designated? 

(a) Explain whether HEW found the existing Indiana 

program not in conformance with the requirements of Title XV 

of the National Health and Planning and Resource Development 

Act of 1974. Attach copies of communications from HEW con- 

cerning any findings. 

9. Identify and attach copies of all assurances, contracts, 

methods of administration, or state plans between the Indiana 

State Board of Health and HEW or between another state agency 

and HEW (under which the Indiana State Board of Health is 

obligated), with respect to any responsibilities or functions 

imposed upon the Indiana State Board of Health or the other 

state agency under Title VI, or Section 504. 

10. Describe briefly but completely the organizational 

structure of the Indiana State Board of Health, including any 

committees, divisions or units. Include all structures per- 

taining to Section 1122, the Hill-Burton Program, Title XV, 

and § 504. 

11. Describe briefly but completely the functions of each 

of the components of the organizational structure identified 

in the answer to Interrogatory 10. 

12. For each of the functions set forth in the answer 

to Interrogatory ll, specify the title or position of the 

person in charge of such function. 

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

Interrogatory 12, state the name, race, national origin, sex, 

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

  

 



  

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each person who has served in such position since the Indiana   
| State Board of Health began operation.     | 14. State whether any of the present or former members 

or employees of the Indiana State Board of Health, its 

divisions or bureaus, members of their families or business 

associates 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 answer is affirmative, list the names and 

occupation of each such person. 

+15. Describe specifically the standards, guidelines 

and procedure for choosing members of the Indiana State Board 

| of Health, its divisions and bureaus, and the authority pursuant 

to which such standards, guidelines and procedures were   
promulgated and adopted. Identify all written guidelines,   
memoranda and instructions concerning these standards and   

| procedures and attach copies of each to this discovery in- 

| strument. 

| 16. Separately and completely describe the procedures, 

| standards and guidelines through which applications concerning 

ars Tals : 
lI health facilities proposals are received and proposed and 

      

  

 



  

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

programs described in the answers to Interrogatories 1, 2, 3 and 

7 

17. Identify any written guidelines, or instructions con- 

cerning the procedures described in the answer to Interrogatory 

16 and attach copies of each to this discovery instrument. 

18, For each year since the Indiana State Board of Health 

began operation, identify each hospital facility construction 

project which was submitted to the Indiana State Board of Health 

under any of its functions (including but not limited to Section 

1122 and the Hill-Burton Program): identify which function per- 

tained to each; the location of the project; and the disposition 

19. Specifically identify any of the projects listed in the 

answer to Interrogatory 18 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 or 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. 

20. State whether any of the projects identified in the 

answers to Interrogatory 19 were reviewed by the Indiana State 

Board of Health for compliance with Title VI of the Civil Rights 

4 Act of 1964 and/or § 504 of the Rehabilitation Act of 1973, as 

amended, (a) prior to approval or disapproval of the project by 

the Indiana State Board of Health or (b) after approval or the 

 



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disapproval of the project by the Indiana State Board of Health, 

  

| any state agency or the Department of Health, Education and 

el favls If the answer is affirmative, identify all such pro- 

| jects and identify and attach copies of all letters, surveys and 

reports issued by the Indiana State Board of Health or anyone 

working on its behalf concerning such reviews. 

| 21. Describe the method by which the Indiana State Board of 

| Healtn determines the needs of various population groups in the 

Laren for which it is responsible for new and/or expanded health 

| facility construction. 

| 22. Identify and describe any and every plan, study, report 

| or proposal which the Indiana State Board of Health has under- 

| taken, written or used to determine the needs of various popula- 

I tion groups for new and/or expanded health facility construction. 

I 23, Describe what efforts the Indiana State Board of Health 

| has made or is making to determine the needs of and/or services 

delivered to black and Hispanic and handicapped citizens. Iden- 

tify which of the plans, studies, reports or proposals described 

| in the answers to Interrogatory 22 pertain to the needs of and 

services to (a) blacks and Hispanics and (b) handicapped persons, 

and describe the findings, summaries, conclusions and recommenda- 

| tions of each. 

I 24, Describe any function of the Indiana State Board of 

Health, its divisions and bureaus, under a state certificate of 

need program, identifying statutory authority, and attaching 

copies of plans, guidelines and instructions for the operation of 

this program. 

| 25, Does the Indiana State Board of Health proceed under one | 

 



  

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| state plan for the administration of all the programs des- 

cribed in response to Interrogatories Nos. 1, 2 and 3? If 

not, explain the interrelationship between the separate 

plans (copies of which should have been attached in response 

‘ 
to said sub-parts). | 

26. Set forth the amount of monies received by the 

Indiana State Board of Health, its divisions and bureaus,   from HEW for each of the past five fiscal years and for the 

| 
current fiscal year, identifying separately each federal     program under which the monies were received and the amount of 

money received for each program. 

| (a) Set forth the total budget for the Indiana State 

Board of Health, its divisions and bureaus, during each of the 

past five fiscal years and for the current fiscal year. 

27. Set forth the amount of monies transmitted by the 

Indiana State Board of Health to the Northern Indiana Health   
Systems Agency, Inc., and its predecessor for each of the past 

five fiscal years and for the current fiscal year, identifying 

what portion was federal monies and what portion was state 

monies. Attach copies of all agreements with, plans from, and/or 

instructions to the Northern Indiana Health Systems Agency, Inc., 

for the operation of the programs described in response to 

Interrogatories numbers 1 and 2. | 

28. Identify all members of the Northern Indiana Health 

Systems Agency and its predecessor agency for the past five   fiscal years and for the current fiscal year, stating for each 

the date of appointment, terms of office race, occupation, and 

whether they, members of their families, or business associates 

| now serve or ever served in any capacity on a board of the     Methodist Hospital of Gary, Inc., or Broadway Methodist Hospital 

of Gary, Inc., is or was employed by the Methodist Hospital of 

| 

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| 
{ Gary, Inc., or Broadway Methodist Hospital of Gary, Inc., or has   

 



  

  
  
  
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| Development Division, the Health Facilities and Service Review 

[jx ecommendations and minority reports. 

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or had staff privileges at the Methodist Hospital of Gary, Inc., 

or Broadway Methodist Hospital of Gary, Inc. Also identify what 

members are "consumers" and which are "providers." 

29. Identify all proposals, submissions, amendments, letters |   studies, communications, reports, minutes of meetings and notes 
1 

| 
from which minutes were prepared of the Indiana State Board of | 

Health or any taskforce, subcommittee or staff concerning the Sto, 

jects submitted by Methodist Hospital of Gary, Inc., involving the 

construction and/or expansion of Broadway Methodist Hospital, and | 

any alternative proposals filed with the Indiana State Board of 

Health concerning Methodist Hospital of Gary, Inc., since 1970 

until the time these interrogatories are answered, and attach 

copies of each to your response to this discovery document. 

30. List all members, employees, staff, consultants, or   
| other persons working for or on behalf of the Indiana State Board 

of Health who were involved 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. 

31. State whether the Indiana State Board of Health, its 

employees, staff and/or consultants made pre-approval recommenda- 

tions to any agency or person, including the Northern Indiana 

| Division, Methodist Hospital of Gary, Inc., and/or HEW, concerning] 

|} 
i 

the construction and/or expansion of Broadway Methodist Hospital. 

HN
 

| If the answer is affirmative, state whether there was any membe 

or staff or consultant of the Indiana State Board of Health who   
disagreed with the recommendation and identify the dates of all such 

 



32. Separately describe the nature and contents of all 

  

studies, reports and recommendations made for the Indiana State 

Board of Health in connection with the proposals for the con- 

struction and/or expansion of Broadway Methodist Hospital. 

  33. State whether the Indiana State Board of Health re- 

| 

| quested 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 Indiana State Board of Health, its staff, 

consultants and/or anyone working in its behalf analyzing, 

supporting or refuting any of the answers or reports. 

34, 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 Indiana State Board of Health and its predecessor. Speci- 

fically 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 31 were made. 

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

submitted by Methodist Hospital of Gary, Inc., to the Indiana 

State Board of Health;   
(d) the vote of each member of the Indiana State Board 

of Health on each proposal; | 

(e) The projections concerning population growth, 

| community development, and need for health facilities in the   immediate vicinity of the Merrillville, Indiana site of Broadway 

| Methodist Hospital;   
 



(f) any conclusions required under the Hill-Burton 

  

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lregulations and state or local plans for comprehensive and coor- 

ldinated health facilities under Section 314 (b) of the Public Health 

Services Act. 

35. Separately state whether the Indiana State Board of 

I | 

iHealth made, or considered had made, any studies, plans, or reports 

H | 

ito determine: 

i (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; 

i (b) the race, age, economic status and locations of 

| the patients served by Broadway Methodist Hospital; 
i 

l (c) the health needs of the various racial and 
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i 

economic groups served by Methodist Hospital of Gary, Inc.; and 
i + Y 

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

lof Broadway Methodist Hospital on those various racial and economic 
i 

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|population groups. 

| (e) the factors listed in 35(a) - (4d) with regard to 

Ist. Mary Medical Center at Hobart, Indiana. 

| 36. If the answer to Interrogatory 35 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 Indiana State Board of Health. 

| 37. State whether the Indiana State Board of Health made, 

had made, or considered any plans, studies or reports to deter- 

|mine the accessibility by ihe Tohey income, racial minority, wim 
i} i 

handicapped residents of Gary to Broadway Methodist Hospital, by 

| 
|public transportation or otherwise. If the answer is affirmative, 

l!describe in detail all such studies, plans and reports, in- 

| cluding the person or groups who prepared them, their contents, 

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| recommendations, if any, and the weight given them by the Indiana | 

State Board of Health. 

38. State whether the Indiana State Board of Health made, 

had made, or considered any plans, studies or reports: 

(2a) 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 Indiana State Board of Health. 

| 
39. state whether and how the Indiana State Board of Health 

considered the financial cost or impact of the construction and/or 

expansion of Broadway Methodist Hospital. Include whether, and, 

to what extent, the Indiana State Board of Health considered:   
(2) 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. | 

| 
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| 40. State whether, how and to what extent the Indiana State] 
i} 

Board of Health considered the effect the construction and/or ex- 

pansion of Broadway Hospital, with all private rooms, would have     
 



  

on the number of lower income patients at that facility. 

41. State whether the Indiana State Board of Health applied 

for designation, and/or has been designated, as the State 

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. 

42. Describe whether, when, how and why the Indiana State 

Board of Health and/or any state or federal agency, department or 

division had developed plans, standards or guidelines for compre- 

| hensive health planning, including health facilities and services 

for the area in which the Northern Indiana Health Systems Agency. 

Include the following information: 

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

Northern Indiana Health Systems Agency; 

(b) how the boundaries of the area described in 42 (a) 

was determined; 

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

areas within the area described in 42(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 

42 (a) through (4d); 

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

ld 

 



  

  

| used to make the determinations. 

| Respectfully submitted, 

I 

| JACK GREENBERG 
BETH J. LIER 

i JUANITA LOGAN CHRISTIAN 

I 10 Columbus Circle 

New York, New York 10019 

JULIAN B. ALLEN 

CHARLES B. MILLER 

| 2009 Broadway 
Gary, Indiana 46407 

I MARILYN G. ROSE 
CHRISTINE G. HICKMAN 

| 1751 N Street, N. W. 

I Washington, D. C. 20036 

I Attorneys for Plaintiffs 

| 

1 

18s 

 



  

IN THE 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BERNICE TERRY, et al., - 

Plaintiffs, 

Ve : 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. 

  

MOTION AND NOTICE OF MOTION 

FOR EXPEDITED DISCOVERY SCHEDULE 

Please take notice that plaintiffs respectfully move this 

Court pursuant to Rule 33 (a) for an expedited discovery schedule 

requiring the State defendant to answer the attached Interroga- 

tories within twenty days of service on the grounds that this = 

Court has set trial in the above-captioned cases for December 5 4 

tories as quickly as possible, and that defendants will suffer no 

 



prejudice since the interrogatories only seek information which 

  

| is or should be readily at defendant's disposal. 

Respectfully submitted, 

  

{ No sed (| htt 

| JACK GREENBERG ’ 
| BETH J. LIEF 
I JUANITA LOGAN CHRISTIAN 
I 10 Columbus Circle 
| New York, New York 10019 

tH 

I JULIAN B. ALLEN 
CHARLES B. MILLER 

2009 Broadway 

Gary, Indiana 46407 

| MARILYN G. ROSE 

I CHRISTINE G. HICKMAN 
[! 1751 Street, ¥N. W. 

washington, D. C. 20036 

Attorneys for Plaintiffs 

Dated: 

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Certificate of Service   

I hereby certify that a copy of the foregoing Plaintiffs’   

First Set of Interrogatories to Indiana State Board of Health; 
  

Motion and Notice of Motion For Expedited Discovery Schedule 
  

was served by United States mail, postage prepaid, on 

the 22nd day of September + 1977,.0n 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, 1llinois 

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, Esd. 

5525 Broadway 
Gary, Indiana 46401 

Attorneys for Defendant Methodist Hospital 

of Gary, Inc. 

Theodore L. Sendak, Esq. 
Assistant Attorney General of Indiana 
219 State House 

Indianapolis, Indiana 

Attorneys for State Defendants        



      
  

Anthony DeBonis, Jr., Esq. 
Joseph E. Costanza, Esq. 
Murphy, McAtee, Murphy & Costanza 
First National Bank Building 
720 W. Chicago Avenue 
East Chicago, Indiana 46312 

Attorneys for Defendant Kipton Kaplan 

NL ARR Bl VS 
a 
  

Beth J. Lilet 
Counsel for Plaintiffs [||79b3007b-0e16-48fc-9373-d5f749cb1a2d||]