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FRED UPTON, MCKIGAN HENRY A. WARHAN, CALFORIA ‘ONE HUNDRED TWELFTH CONGRESS Congress of the United States House of Representatives COMMITTEE ON ENERGY AND COMMERCE 2125 Raveunn House Orrce Bunn Wasievaron, DC 20515-6115 April 18,2011 Ms. Karen Ignagni "America’s Health Insurance Plans {601 Pennsylvania Avenue, N.W. South Building, Suite 500 Washington, D.C. 20004 Dear Ms Ignagni: We are writing to request your assistance and cooperation on a matter of great importance to our Committe, ‘On March 23, 2010, President Obama signed the Patient Protection and Affordable Care ‘Act (PACA) into law. The negotiations leading up tothe passage of the PACA lasted for more than a year and involved numerous meetings between representatives ofthe Administration and various interest groups, including America’s Health Insurance Plans (AHIP)." Given the secreey with which the Administration conducted its health care reform negotiations, there isa substantial public interest in learning more about them. On February 18, 2011, we wrote to Ms, Nancy-Ann DeParle, the former head of the White House Office of | ‘Health Keform (W HUH), requesting information related to those negotations. In response, on March 4, 2011, Mr. Robert Bauer, Counsel to the President, sent us a collection of press releases and visitor logs “in an effort to address [out] request.” This information was not responsive to ‘our request. Although we will most certainly pursue more information from the White House, we are ‘writing to you because among the materials provided by Mr. Bauer was a submission by AHIP to the White House regarding health care reform, AHIP's involvement in the negotiations "ea Conaally x Faro Heath Care Reform Ener a Suppers, WASONOTON PST, March, 2008; Cai uso ‘oan Chas, Prof dna Hap Aaiton Sb Wh Ho Mo vel PT My Letter t» Ms. Karen Ignagni Page 2 regarding the heath care reform legislation is well known: tached is a partial ist of meetings AHIP held with White House staf. Because AHP worked directly with WHOHR, we request that you provide information regarding the AHIP’s meetings and discussions withthe WHOHR and any other Administration official relating to healthcare reform. The relevant time period fr all ofthe following request js March 2, 2009, tothe present. Please provide the following documents and information within ‘two weeks of the date ofthis letter: 1. A\list ofeach employee or representative of AHP who discussed reforms or changes to the healthcare system with any employee, detailee or any other representative of the WHOHR, the White House, or the Department of Health and Human Services (HHS). Provide lst of your officers and directors for 2009 and 2010. Please include alist of the individuals from the Administration with whom AHIP representatives discussed such reforms or changes 2. A list of each meeting, briefing, or telephone call (including conference calls or video conferences) egarding reforms or changes tothe health care system, between any employee or representative of AHIP and any employee, detailee or any other representative of the WHOHR, the White House, or HS. Please provide the following information about any such meetings, briefings, or telephone calls: the dat, the duration, ‘the names ofthe individuals present and thei organization, office, or employer, and the subject matters discussed, 3. All notes, mimes, transcripts, documents, summaries or any other written or recorded ‘materials prepared for, generated or uilized during, or resulting from each meeting, briefing, or telephone call described in response to request number 2. 4. All-written communications, including e-mail, regarding reforms or changes tothe health ‘are system between any employee or representative of AHIP and any employee, detaile, or any other representative of the WHOHR, the White House, or HHS. 5. Allwriten communications, including e-mail, regarding reforms or changes tothe health care system, between or among the employees or representatives of AHIP, or between, any employee or representative of AHIP and any employee or representative of AHIP’s members, "Rade Alna>Zaldvar Dems Sramble der Waring From Hels ret. A8scireD Pr, Ost. 13, 208; Pea Stam, rane Ins Suporte Heth Reform, CBSNE% ly 30,20 Ale Matlin Ay Gln, ame ‘Ber ow ent Care erm Proper. Wann Ps a. 3.2010 "Te isimposnblet compen compe i of AMP's meings wih WHOHR a oer exeeve banc prone bse onthe White Rowe iron ovr pneson. Letter to Ms. Karen Ignagai Page 3 6, All estimates or analyses of the impact of health care reform legislation on your organization or its members. ‘You should immediately take steps to preserve all relevant documents. An attachment to ‘this letter provides additional information on how to respond tothe Committe’s request. Please ‘contact Toud Harrison, Chief Counsel for Oversight and Investigations at (202) 225-2927 If you ‘have any questions about the nature ofthe information requested or the manner of production, Sincerely, Fred Upton cis Chairman Chairman Subcommittee on Oversight and Investigations fehael C. Burgess ice Chairman ‘Subcommittee on Healt Subcommittee on Health Attachments ce: The Honorable Henry A. Waxman, Ranking Member ‘The Honorable Diana DeGette, Ranking Member Subcommittee on Oversight and Investigations ‘The Honorable Frank Pallone, Jr, Ranking Member ‘Subcommittee on Health White House Visitor Logs ‘America’s Health Insurance Plans Aamstone [Soom | Board of Desiors Member | 57710] PETFRORZAG Bacher [Gary] Senior Vie President 10709_[ NANCY DEPARLE Bicher Senior Vee resident ‘710710 | NANCY DEPARLE [Bacher Senior Vee resident ‘728710 | NANCY DEPARLE Boeshino | Carmela] Execlive Viee President 37609 [EZEKIEL EMANUET Boechino | Carmella | Executive Viee President 3/10/09 | EZEKIEL EMANUET. Boechino | Carmela | Executive Vie President 514/10 [JOE BIDEN Bocchino | Camella | Executive Vice President 6722/10 | BARACK OBAMA Boechino | Carmella_| Executive Viee President 710/10[ NANCY DEPARLE Bocchino | Carmella | Executive Viee President 972710~| EZEKTEL EMANUEL Bodaken | Broce 6. Board of Directors Member [928709 | KRISTIN SHEEHY Bodaken | Brace 0, | Board of Disstos Member 11709] ELIZABETIT BAFFORD Bodaken | Brice G. | Boaad af Diresiors Member | 615710 | NANCY DEPARLE Todaken | Brice 0. | Board af Director Member | 6210. PATRICK WHTTTY Bodaken | Broce | Board of Director Member [722710 | BARACK OBAMA Bidaken | BraceG.| oan of Dirior Mener [923710 | NANCY DEPARLE Braly [Angela] Board of Direciors Member [2715709 [BARACK OBAMA] Binly | Angela | Board af Divecor Member | 1276109 BARACK OBAMAMMICHELLE OBAMA Baily [Angela | Board of Diresors Member | 310” [BARACK OBAMA Braly [Angela | Board of Director Member 34/10] BARACK OBAMA Baly ‘Angela ] Board of Directors Member [513710] ADAM HITCHCOCK Baly ‘Angela | Board of Directors Member | 6723/10 | PATRICK WHITTY Baly ‘Angela | Board of Directors Member | 622/10 | BARACK OBAMA, Gallet [JayM. | Board of Directors Member] 11/1709] ELIZABETH AFFORD, Greg | Vicky B. | Board of Directors Member] 420/10 | NANCY DEPARLE Greg | Vieky B. | Board of Directors Member | 622/10 _| PATRICK WHITTY Halvorsen | George C. | Board of Directors Member ‘32709 | KEITH FONTENOT Halvorsen | George ©. | Board of Directors Member ‘5/1109 | BARACK OBAMA Halvorsen | George C. | Board of Directors Member | 6/5109 | PETER ORZAG Halvorsen | George. | Board of Directors Member | 723/09 | KATHLEEN | SEBELIUS Tialvorsen | George C. | Board of Directors Member | 7224709 | SARAH FENN Tialvorsea | George C_ | Board of Directors Member | 3/1710 | ANEESH CHOPRA Havorsen | George C. | Board of Directors Member | 62/10 PATRICK WHITTY Halvorsen | George C. | Board of Directors Member | 622/10 | BARACK OBAMA Tgmagni [Karen | President & Chie? Executive 375109 | BARACK OBAMA Officer Tgnagn’ | Karen | President & Chief Executive | 3/6109 | LARRY SUMMERS Officer Tgnagni | Karen | President & Chief Executive 316109 | BLIZABETH Officer AFFORD ‘gnagni [Karen [President & Chief Executive [3/11/09] JENNIFER Officer CANNISTRA Tgnagni | Karen | President & Chief Executive [711709 | BARACK OBAMA Officer Tenaga [Karen | President & Chief Executive | 6/30/09” | SARAH FENN Officer Ignagni | Karen President & Chief Executive | 7/24/09 | SARAH FENN Officer [lgnagni [Karen President & Chief Executive ‘w609 [ELIZABETH Officer BAFFORD Tgnagn’ | Karen | President & Chief Executive | 9729709 | LEANDRA Officer ENGLISH Tgnagni [Karen | President & Chief Executive | 1077/09 NANCY DEPARLE Officer | Tynagni | Karen | President & Chief Executive | @22/10 | PATRICK WHITTY | Officer Tgnagni | Karen President & Chief Executive 622/10 [BARACK OBAMA Officer Tgnagni [Karen | President & Chief Executive | 8/10/10 _[ NANCY DEPARLE Officer ignagni | Karen President & Chief Executive | 9/28/10 | NANCY DEPARLE Olficer Klein David H, GAIA | PATRICK WHITTY Klein David. i270 | BARACK OBAMA MeCalisier | Michael Board of Directors Member] 622/10 | PATRICK WHITTY | ‘MeCallister | Michael | Board of Directors Member | 6/22/10 | BARACK OBAMA. Wotina [Joseph Board of Dissions Member 174709 JOHN HOLDREN Mario Milina | Joseph | Board of Diesiow Member [17/10 | SUSAN BRANCATO Mario | Nina —[Tosepi | Board of Directors Memiber | T10— [SUSAN BRANCATO Mario Wilina—[ Tsephy Board of Dirctors Member 5712710] BARACK OBAMA Mario Molina [Joseph | Board of Destors Member | 71710 | STEPHANTE Mario VALENCIA Roosevelt” [Tames | Board of Diestors Member [©2710 | PATRICK WHHITTY Roosevel Tames | Board of Drsion Member 622710 | BARACK OBAMA Sandy [Lewis [Board of Director Member] 3710009" EZEKIEL [ease Wiliams] Ronald A] Board of Dieciows Member [213709 | BARACK OBAMA Wiliams | Ronald A] Board of Disstors Member TENNER CANNISTRA ‘Wiliams | Ronald/A~ | Board of Diresiors Member | 4/4109 PETERORZAG Board of Deets Member 3709 | SARAH FENN Board of Directors Member [24709 | CLARE GALLAGHER ‘Willams Ronald A” | Board of Dissiom Member | 71610) | SARAH FENN Wiliams Ronald A. | Board of Disstors Membsr [216110 | NANCY DEPARLE Wiliams | Ronald A. | Board of Directors Member | 3/4/10 | BARACK OBAMA Williams | Ronald A. | Board of Directors Member] 3/4/10 BARACK OBANA Williams | Ronald A. | Board of Directors Member 513/10 | ADAMHITCHCOCK Williams | Ronald A. | Board of Directors Member | SIS/10 | NANCY DEPARLE Williams | Ronald A. | Board of Directors Member | 622/10 | PATRICK WHITIV Williams | Ronald A. | Board of Directors Member ‘@22/10 | BARACK OBAMA Williams | Ronald A. | Board of Directors Member | 9714710 _| NANCY DEPARLE RESPONDING TO COMMITTEE DOCUMENT REQUESTS. In responding to the document request, please apply the instructions and definitions set forth Below: INSTRUCTIONS 1. Incomplying with this request, you should produce all responsive documents that are in ‘your possession, custody, or control or otherwise available to you, regardless of whether the documents are possessed directly by you, 2. _ Documents responsive tothe request should not be destroyed, modified, moved, ‘wansfered, or otherwise made inaccessible to the Committee. 3.__Inthe event that any entity, organization or individual named in the request has been, or is currently, known by any other name, the request should be ead also to include such other names under that alternative identification 4. Each document should be produced in a form that may be copied by standard copying ‘machines. 5. When you produce documents, you should identify the paragraphs) and/or clanse(s)in the Committee's request to which the document responds. 6. Documents produced pursuant to this request should be produced in the order ia which they appear in your files and should not be rearranged. Any documents that are staple, clipped, or otherwise fastened together should not be separated. Documents produced in response to this request should be produced together with copies of file labels, dividers, or identifying markers with which they were associated when this request was issued. Indicate the office or division and person from whose files each document was produced, 7. Each folder and box should be numbered, and a description ofthe contents of exch folder and box, including the paragraph(s) and/or clause(s) ofthe roquestto which the documents are responsive, should be provided in an accompanying index. 8, Responsive documents must be produced regardless of whether any other person or entity [possesses non-identical or identical copies of the same document, 9, ‘The Committee requests electronic documents in addition to paper productions. If any of the requested information is available in machine-readable or electronic form (such as on & ‘computer server, hard drive, CD, DVD, back up tape, or removable computer media such as thumb drives, flash drives, memory cards, and external hard drives), you should immediately consult wth Committee staff to determine the appropriate format in which wo produce tie information. Documents produced in electronic format should be organized, identified and indexed electronically in a manner comparable tothe organizational structure called fori (6) and (7) above. 10. _1fany document responsive to this request was, but no longer is, in your possession, castody, or control, or has been placed into the possession, custody, or control of any third party and cannot be provided in response to this request, you should identify the document (stating its date, author, subject and recipients) and explain the circumstances under which the document ceased to bein your possession, custody, or contro, or was placed in the possession, custody, or ‘control ofa third party. 31. _Ifany document responsive to this request was, but no longer i, in your possession, custody or control, stat: ‘how the document was disposed of, ’. the name, current address, and telephone number ofthe person who currently has possession, custody or control over the document; the date of disposition; 4. thename, current address, and telephone number ofeach person who authorized said Aisposition or who had or has knowledge of said disposition. 12, __Ifany document responsive to this request cannot be located, describe with particularity the efforts made to locate the document and the specific reason for its disappearance, destruction or unavailability 13, Ifa date or other descriptive detail set forth inthis request refering to a document, ‘communication, meeting, or other event is inaccurate, but the actual date or other descriptive detail is known to you or is otherwise apparent from the context ofthe request, you should produce all documents which would be responsive as ifthe date or other descriptive detail were correct. 14. The request is continuing in nature and applies to any newly discovered document, regardless ofthe date ofits creation. Any document not produced because it has not been located or discovered by the return date should be produced immediately upon location or discovery subsequent thereto 15. All documents should be bates-stamped sequentially and produced sequentially. Ina cover letter to accompany your response, you should include a total page count fr the entire production, including both hard copy and electronic documents 16, _ Two sets ofthe documents should be delivered tothe Committee, one set to the majority staff in Room 316 of the Ford House Office Building and one set tothe minority staff in Room 564 of the Ford House Office Building. You should consult with Committee majority staff ‘regarding the method of delivery prior to sending any materials, 17. Inthe event that a responsive document is withheld on any basis, including a claim of privilege, you should provide the following information concerning any such document: (a) the +eason the document is not being produced; (b) the type of document; (c) the general subject ‘atte, (4) the date, author and addressee; () the relationship of the author and addressee to each other; and (f) any other description necessary to identify the document and to explain the basis for not producing the document. Ifaclaimed privilege applies to only a portion of any document, that portion only should be withheld andthe remainder of the document should be produced. As used herein, “claim of privilege” includes, bt isnot limited o, any claim that a document either ‘may or must be withheld from production pursuant to any statute, rule, or regulation. 18. Ifthe request eannot be comrlied within full, it should be complied with to the extent possible, which should include an explanation of why full eompliance isnot possible, 19. Upon completion of the document production, you should submit a written certification, signed by you or your counsel, stating that: (1) a diligent search has been completed ofall

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