Government seeks expedited dismissal of TakeCare lawsuit

MOTION: The Judiciary of Guam and the Department of Administration recently filed a joint expedited motion in the Guam District Court to dismiss TakeCare Insurance's motion for summary judgement. The ongoing local and federal lawsuit was filed by TakeCare over the awarding of the $108 million government of Guam group health insurance contract to Aetna International. Post file photo

The Guam District Court should dismiss TakeCare’s motion for summary judgment because the filing of a concise statement of facts wasn’t concise enough, according to the Department of Administration and Judiciary of Guam.

Judiciary staff attorney Kristina Baird filed a joint expedited motion to dismiss TakeCare’s motion for summary judgment and asked the court to strike the concise statement of facts due to TakeCare’s “gross violation of the page and word limit” set by the Civil Local Rules of Practice of the District Court of Guam.

TakeCare has filed lawsuits in local and federal courts over the government of Guam’s award of the $108 million group health insurance contract to Aetna International. TakeCare has argued the contract never should have been awarded because it wasn’t “effectively disqualified” and because TakeCare filed a protest that it argues should have stayed the case.

TakeCare said Public Law 35-2, which requires the government health care contract to go to companies that have coverage inclusive of all public and private hospitals on Guam, is a textbook example of an improper delegation of executive power, because it allows a private entity “to disqualify a health insurance company from participating in the procurement of GovGuam's health insurance without any oversight from the government itself." The entity TakeCare is referring to is Guam Regional Medical City.

The government has filed a motion to dismiss the lawsuit in Superior Court. It also says TakeCare was never disqualified by the government because it never submitted a proposal.

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