November 15,2004                                                                  Hand Delivered

 Mr. Brian Haines, County Manager

Dona Ana County

Manager’s Building

Las Cruces, NM 88001


Re. Open Records Request for Information re. MMC/Province


Dear Mr. Haines,

 As you are aware, our organization has an ongoing concern regarding the operation of Memorial Medical Center, as well as peripheral issues relating to the lease transaction to Province HealthCare  which was completed in June of this year.

 Pursuant to the Inspection of Public Records Act (Chapter 14, Article 2 NMA 1978), we request access to the following information:


  1. Policies related to the care of indigent and uninsured patients by Province. Province was to provide their written policies to the County and City within 90 days of taking possession of MMC. Assuming they did so, we wish to examine those policies.
  2. Under the Lease, Province was to receive funding from the city-county to cover care of indigent and uninsured patients over a three year period.  We wish to examine any billings submitted to the County for reimbursement for such care.
  3. Under the Lease, Province was to assume the status of “sole provider” and be able to receive federal funds for the care of indigent patients. We wish to examine any billings, records, agreements between the County and Province relative to their provision of indigent care under the sole provider provision.
  4. We assume that the County Commissioners were provided a detailed account of all billings to the city and county by consultants who arranged or negotiated the MMC/Province lease transaction (Holt, Lupica, et al). We wish to examine a full and detailed accounting of the monies spent for these purposes since those consultants were engaged.
  5. We wish see a final accounting of the MMC/Province transaction, indicating all costs and proceeds, and how proceeds were divided between city and county. In addition, we wish to see any resolutions or related information regarding the county’s policy regarding the usage of the proceeds from the transaction.
  6. We wish to examine any correspondence, notifications or related information regarding the proposed transfer or merger of Province Healthcare into LifePoint Hospitals.
  7. We wish to see any information related to the Board of Directors which has been appointed by Province Health Care. We understand that you, Mr. Haines, have been appointed to serve as the County’s representative, and that Councilor Archuleta represents the City.  Because you, in effect, represent the citizens of Dona Ana County, we believe any materials you have received from Province pursuant to your position as a Director, are public information, and we wish to examine these items.


Please respond to this request via e-mail to the following addresses:  (Dr. Jim Kadlecek) and (Dr. Phil Banks)… Co-Chairs of Southern New Mexico Common Cause


 Dr. James M. Kadlecek


Southern New Mexico Common Cause

Ph. 505-541-1566