Attorney General Patrick C. Lynch today issued the following statement concerning Rhode Island Health Insurance Commissioner Christopher F. Koller’s comments made in response to Lynch’s June 2 press comment, which called for OHIC to hold a full public hearing on the proposed rate increases filed by Blue Cross, UnitedHealthcare, and Tufts:

“Saying the health insurers have submitted ‘ample evidence for review and analysis by this office’ is like a judge saying, ‘I have enough evidence to sentence this defendant, so I don’t need a trial.’ Similarly, my office would enjoy a much faster prosecution rate if it could bypass defense counsel, judges, and juries, and just reach our desired dispositions. It would be the ‘Just Trust Us’ model of government, rather than government by a Constitution.

“The very essence of a hearing is to allow the other side to challenge evidence. If the ‘ample evidence’ to which Commissioner Koller refers is merely what one side submits to the decision-maker, there can be little doubt that the decision-maker can justify the decision by giving that side everything it wants. But let someone challenge that evidence, and the decision-maker will hear two sides and will always arrive at a better decision.

“Moreover, Commissioner Koller’s deeming the evidence sufficient for his review and analysis three days before the public comment ends also is troubling. How does he know what the evidence will be when that period closes? Has he discounted the public’s voice so much that he ‘knows’ in advance it will not affect his review?

“Finally, Commissioner Koller’s statement that he appreciates my interest and will consider our expert input is meaningless without a hearing. As he knows, this office cannot hire or present an expert to the OHIC unless he gives the ratepayers a hearing at which they will be represented. Should Commissioner Koller deny a hearing to the ratepayers, he denies their voice and all opportunity for their advocate to hire experts on their behalf to review and analyze the complex fee requests that were prepared by the insurance companies’ experts. Commissioner Koller’s statement demonstrates the need for a full hearing in this case.”

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