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STATE BD. OF PUBLIC WELFARE v. TIOGA PINES

No. 30A01-9105-CV-158.

592 N.E.2d 1274 (1992)

INDIANA STATE BOARD OF PUBLIC WELFARE, Indiana Department of Public Welfare, Suzanne Magnant, in Her Capacity As Administrator of Indiana Department of Public Welfare, Appellants-Defendants, v. TIOGA PINES Living Center, Inc. Communicare of Indiana, Inc., d/b/a American Village Retirement Community, Bloomington Convalescent Center, Inc., Meadow Heights Nursing Center, Inc., d/b/a Lincoln Hills of New Albany, Appellees-Plaintiffs.

Court of Appeals of Indiana, First District.

Rehearing Denied August 11, 1992.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen. of Indiana, Gordon E. White, Jr., Deputy Atty. Gen., Indianapolis, and Charles A. Miller, S. William Livingston, Jr. and Mark H. Lynch, Covington & Burling, Washington, D.C., for appellants-defendants.

David F. McNamar, Randall R. Fearnow, Steers, Sullivan, McNamar & Rogers; Paul R. Black, Indianapolis; Michael J. Tosick, Greenfield; and Malcolm J. Harkins, III, Mark J. Biros and David M. Levine, Casson & Harkins, Washington, D.C., for appellees-plaintiffs.

ROBERTSON, Judge.

The issue we consider in this interlocutory appeal is whether computer simulations reflecting possible Medicaid reimbursement methodologies, that were considered but not adopted by the Indiana Department of Public Welfare (State) at a time when litigation had already commenced on the reimbursement scheme then in effect, are protected from discovery either as work product or by reason of a deliberative process privilege. The trial court ordered the...

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