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Promissory Notes for Hospital Bills IN THE CIRCUIT COURT

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					            IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
                  COUNTY DEPARTMENT, LAW DIVISION

PHYLLIS SERVEDIO, et al.,                    )
                                             )
        Plaintiffs,                          )
                                             )
v.                                           )       04 L 003381
                                             )       Judge Nudelman
OUR LADY OF THE RESURRECTION                 )
MEDICAL CENTER                               )
                                             )
        Defendant                            )

                            PLAINTIFFS’ FIRST
                  REQUEST FOR PRODUCTION OF DOCUMENTS

        Pursuant to Supreme Court Rule 214 (“Rule”), Plaintiffs hereby serve their first

requests for production of documents to Defendant. All responses and documents should

be produced within the time specified under the Rule and with an Affidavit of

completeness as required by the Rule.

                                      INSTRUCTIONS

        If it is maintained that may responsive documents are subject to the work-product

privilege, attorney-client privilege, or any other confidentiality or privilege claim, then

please provide a concise statement of the grounds upon which such claim of privilege is

asserted, and if such a claim involves a document, then identify the general nature of any

such document, the identity and position of its author, the date it was written, and the

identity and positions of all recipients.

        In producing documents, please produce an identical copy of the original. The

copy shall be legible and bound or stapled in the same manner as the original.

        The relevant time period applicable to the following document requests is January

1, 2000 to the present. Unless otherwise indicated, these requests seek documents during



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this time frame.

                                     DEFINITIONS

       1.      “You” and “Your” means Our Lady of the Resurrection Medical Center

together with all present and former directors, officers, employees, agents, representatives

or any other persons acting on its behalf.

       2.      “Defendant” shall refer to Our Lady of the Resurrection Medical Center

together with all present and former directors, officers, employees, agents, representatives

or any other persons acting on its behalf. If Resurrection Health Care has taken actions

on behalf of the Defendant, please answer the document request by noting that and

providing the documents requested.

       3.      Words used in the masculine gender include the feminine and vice versa.

Words used in the singular include the plural. The words “or” and “and” means “and/or.”

       4.      “Person” means any individual, corporation, proprietorship, partnership,

association or any other entity.

       5.      “Identity” when referring to a person, as defined above, means the:

               a.      The name of that person;

               b.      The address of that person;

               c.      If the present residence or business address is unknown, state the
                       last known address or any other information of the Defendant that
                       might reasonably lead to the person being located;

               d.      The telephone number of that person (home and business, where
                       applicable), or that person’s last known telephone number; and

               e.      If that person is an individual, state his employer, his position with
                       the employer, and the employer’s address.

       6.      “Identity” when referring to a document, as defined above, means to




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provide the following information:

               a.     The date of the document;

               b.     The title of the document;

               c.     The author of the document;

               d.     The person for whom the document was prepared;

               e.     The subject matter covered by the document; and

               f.     The custodian of the document, including his name, address and
                      telephone number.

       7.      The term “document,” either singular or plural, is defined as originals or,

if not available, true copies of all memoranda, reports, appraisals, evaluations,

correspondence, communications, agreements, contracts, deeds, bills of sale, purchase

orders, purchase and sale confirmations, closing statements, invoices, checks, bank

statements, journals, ledgers, telegrams, handwritten notes, periodicals, pamphlets,

reports, computer or business machine printouts, accountants’ work papers, accountants’

statements and writings, notations or records of meetings, printers’ galley, books, papers,

diary, promissory notes, evidence of indebtedness, trust deeds, mortgage instruments,

security agreements, trust agreements, loan applications, leases, documents creating or

reflecting a security interest, loan agreements, financing statements, deposit slips,

speeches, public relations issues, advertising, merger agreements, proxy statements,

prospectuses, annual or other reports including financial statements filed with appropriate

state and federal authorities, documents filed with stock exchanges, office manuals,

employee manuals, company rules and regulations, reports of experts, drafts and

preliminary copies of any of the foregoing, tape recordings or other sound or visual

reproduction materials and any other written matter, tangible or physical objects however



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produced or reproduced upon which words or phrases are affixed or from which by

appropriate transcription such written matter or tangible thing may be produced, any

writings, drawings, graphs, charts, photographs, phonorecords, and any other data

compilations from which information can be obtained, any and all computer media,

including e-mails, internal electronic communications, and any information generated or

stored on any computer or computer disc, tape or hard drive in the possession, custody or

control of the person herein served or his agents, attorneys, or employees.

       8.      “Executive Officer” shall mean any and all persons appointed or elected

by the Shareholders, Board of Trustees or similar governing authority of Defendant.

       9.      “Trustees” shall mean members of the Board of Trustees or like governing

authority, both appointed and elected, of Defendant.

       10.     “Financial Statement” shall mean a written document or statement

prepared by an independent accounting firm or group in the ordinary course of business,

signed by a member of said firm or group and showing the gross income or other forms

of revenue, itemized expenses, depreciation and other forms of deductions from gross

income or revenue and net income or revenue, and the assets, liabilities and net worth

expressed in dollars and itemized.

       11.     “Uninsured” shall mean your patients who did not have health insurance at

the time of treatment and were not covered by Medicaid or Medicare or any similar state

or federal program.

       12.     “Related Entity” means any partnership, corporation, or other legal entity

that is a predecessor, successor, subsidiary, parent, partner, branch, department, division,

or affiliate of you. It also means any such legal entity owned or controlled by you.




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       13.     “Relating to” or “pertaining to” means referring to, describing, evidencing,

constituting, discussing, memorializing, summarizing, or recording.

       14.     “Chargemaster” means a list(s) of standard gross charges for individual

items of medical services, supplies and medications.

       15.     “Patient” means an in-patient at defendant’s main facility.

                              DOCUMENT REQUESTS

                                     Request No. 1

       All documents which establish or identify or address standard charges or rates for

individual items of services, supplies and medications billed by Defendant to its

uninsured patients for the time period of January 1, 2000 through the present.

                                     Request No. 2

       All documents which establish or identify or address standard charges or rates for

individual items of services, supplies or medications billed by Defendant to insured

patients or health insurance companies for the period of January 1, 2000 through the

present.

                                     Request No. 3

       All documents which evidence or identify or address the difference in rates

charged or billed to uninsured patients for medical services, supplies and medications as

compared to such rates charged or billed to health insurance companies, insured patients

or patients covered by Medicare for the time period of January 1, 2000 through the

present.

                                     Request No. 4

       All communications, correspondence, memoranda, e-mails, and documents




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prepared by any employee or officer of Defendant which mention, address or discuss

prices, rates or charges billed by Defendant to uninsured patients or which discuss or

address the differences in rates or charges billed by Defendant to uninsured patients or

which discuss or address the differences in rates and charges for uninsured patients as

compared to insured patients for the same services, supplies or medications during the

time period of January 1, 2000 through the present.

                                       Request No. 5

       All policies and procedures relating to how you determine and collect charges or

rates to bill insurance companies, insured patients, government programs, uninsured

individuals, and indigent charity patients for medical services for the time period of

January 1, 2000 through the present.

                                       Request No. 6

       All policies and procedures relating to your (or anyone acting on your behalf,

including third-party collection agencies who attempt to collect your unpaid bills)

practices or policies of collecting medical bills, including the filing of liens and the

garnishment of wages, for the time period of January 1, 2000 through the present.

                                       Request No. 7

       All policies and procedures relating to the “write off” of partial or entire balances

to patients, insurance companies, employees, board members, and physicians for the time

period of January 1, 2000 through the present.

                                       Request No. 8

       All agreements or contracts with insurance companies or other payers in which

the Defendant (or any related entity acting on behalf of the Defendant) has granted




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discounts, concessions, or other favorable terms not offered to uninsured patients during

the time period of January 1, 2000 through the present. If summaries of these agreements

are maintained by you then a copy of such summary is also requested.

                                      Request No. 9

        All internal accounting reports relating to annual aggregate discounts and write-

offs granted to insurance companies for the time period of January 1, 2000 through the

present.

                                     Request No. 10

        All documents which evidence the actual cost to Defendant of services, supplies

or drugs provided each Plaintiff.

                                     Request No. 11

        All documents which evidence the amount of the price markup over actual costs

for services, supplies or medications provided each Plaintiff.

                                     Request No. 12

        All documents related to the Plaintiffs, including all medical records and billing

records for any medical care to Plaintiffs, all documents signed by the Plaintiffs, all

applications for financial assistance, all records, notes, memoranda, and any documents

regarding any of the Plaintiffs’ eligibility or qualifications for financial assistance, and

any and all records concerning any communications between Defendant and the

Plaintiffs.

                                     Request No. 13

        All documents relating to your “Charity Care Policy,” any “Community Benefit

Reports,” Community Benefit Assessment,” “Community Benefit Strategy” and/or




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“Charity Care Audits” for the time period of January 1, 200 through the present.

                                      Request No. 14

       All documents which compare any charges of Defendant to the charges of any

other hospital or other health care organization.

                                      Request No. 15

       All documents that analyze, tabulate, recommend, or justify charges for services,

drugs, or supplies on your “chargemaster” lists for the time period of January 1, 2000

through the present.

                                      Request No. 16

       All documents related to an agreement between you and any collection agency or

employees collecting bills on your behalf for the time period of January 1, 2000 through

the present, and any document describing the Defendant’s practice of reporting unpaid

bills to credit reporting agencies.

                                      Request No. 17

       Copies of internal or external reports or findings of accountants, consultants,

reimbursement experts, actuaries, or others regarding charges, reimbursement, price

setting methodologies, financial or billing, or collection policies and/or procedures,

whether implemented or not. This includes, but is not limited to comparisons of charges

to other facilities or average charges; reports relating to mathematical methods of

establishing charges based upon analysis of payer utilization, sometime referred to as

“rate optimization” “charge optimization,” and similar reports concerning rationales for

establishing charges or rates based upon payer, market area or competitors, or other basis

for the time period of January 1, 2000 through the present.




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                                     Request No. 18

       All documents which evidence the total amount of charges which have been billed

to uninsured patients and/or which evidence the amount of charges which have been

billed to uninsureds in excess of charges to insured patients for the same services,

supplies or medications on an annual basis for the period of January 1, 2000 through the

present.

                                     Request No. 19

       All documents which mention or discuss or address any reasons that Defendant

has decided not to offer the same or similar rates, charges or discounts to uninsured

patients as are offered to insured patients or health insurance companies for the same

services, supplies and medications for the period of January 1, 2000 through the present.

                                     Request No. 20

       All documents, including all e-mails, correspondence, communications, and

memoranda prepared by any employee or officer of Defendant which address charges,

rates or pricing discounts for uninsured patients for the time period of January 1, 2000

through the present.

                                     Request No. 21

       All annual reports prepared by Defendant for the time period of January 1, 2000

through the present.

                                     Request No. 22

       All Cost to Charge Ratio Reports during the time period of January 1, 2000

through the present.




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                                       Request No. 23

       All documents related to your policies and procedures regarding medical

treatment of uninsureds and financial treatment of uninsureds during the time period of

January 1, 2000 through the present.

                                       Request No. 24

       All documents which identify the categories of patients who are required to pay

full, undiscounted charges as listed on the chargemaster, and/or the percentage of all

patients who are “full-payers.”

                                       Request No. 25

       All documents which discuss or summarize the discounts which private insurers

and others receive off the chargemaster prices and/or the percentage of patients who

receive discounts from the chargemaster charges.

                                       Request No. 26

       All documents which discuss your policies or practices re uninsured patients and

the billing or waiver of charges for such patients.



_________________________

One of Plaintiffs’ Counsel




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