Indiana State Board of Public Welfare v. Tioga Pines Living Center, Inc.

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 State to comply with the plaintiff-class of long term health care facilities’ request for discovery of the simulations, identified…