P.O.

Box 10841
Eugene, Oregon 97440
p/f: 541.257.8878
info@t1df.org
www.t1df.org
August 1, 2019

James Van Buskirk Sent via email (attorney.general@state.mn.us)

Assistant Attorney General
Consumer Services Division
Minnesota Attorney General’s Office,
445 Minnesota Street, #1400,
St. Paul, Minnesota 55101

RE: Data Practices Request / Public Records Request — Insulin (PRR-MN1)

Dear Mr. Buskirk:

I am writing to you as the responsible authority designee of the Office of the Attorney General
for request made under the Minnesota Government Data Practices Act. This is a formal request for
copies of government data under the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13 and other applicable statutes.

A. Requestor:
Type 1 Diabetes Defense Foundation, ℅ Charles Fournier
3059 Hendricks Hill Drive, Eugene OR 97403
(206) 643-1479
charles.fournier@t1df.org
B. Records being sought:
This PRR concerns insulin products including but not limited to Lantus, Levemir, Novolog,
Humalog, Apidra.
The agency is the Office of Minnesota Attorney General (the “Agency”).
The relevant time frame is from January 1, 2016, to August 1, 2019

The requested records include:

(1) logs/lists of all notes, documents, correspondence, presentations, phone calls, meetings with
and written communications exchanged with or received from private or public third parties
concerning insulin products between January 1, 2016, and August 1, 2019, that concern
insulin products, including but not limited to:

• Logs of all meetings, including but not limited to in-person meetings, conferences,
teleconferences, presentations.

• Logs of all communications, including but not limited to phone communications (call
logs), written communications, electronic communications (included email logs) with
third parties. Government telephone call, meeting and email logs are covered by the

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 Act. All government data, whether or not it is a document or record, is subject to
disclosure "regardless of its physical form." Minn. Stat. § 13.02, subd. 7.

• Logs of all documents created by the Agency filed in any court, sent to, exchanged with
or received from any third party including all records, letters, submittals, applications,
exhibits, filings, either on paper or electronically.

(2) copies of the data, including but not limited to:

• All meeting minutes, including but not limited to minutes, notes and summaries of in-
person meetings, conferences, teleconferences, presentations.

• All communications, including but not limited to the notes and transcripts of phone
communications, written communications, electronic communications (included
emails).

• All documents created by the Agency, sent to, exchanged with or received from any
third party including all records, letters, submittals, applications, exhibits, filings, either
on paper or electronically.
The above mentioned private or public third parties include, but are not limited to organizations and
individuals affiliated with:

• The Agency’s Advisory Task Force on Lowering Pharmaceutical Drug Prices;

• The PRIME Institute, University of Minnesota;
• The Laura and John Arnold Foundation, Arnold Ventures, their instrumentalities/grantees and
coalition partners, e.g. T1International;

• JDRF and the American Diabetes Association, and their local affiliates;
• The Minnesota Commerce Department and its Insurance Division, including but not limited to
Grace Arnold (Deputy Insurance Commissioner), Steve Kelley (Minnesota Commerce
Commissioner), Fred Andersen (former Acting Deputy Commissioner of Insurance and Chief
Life Actuary) and their predecessor;

• The Minnesota Department of Corrections and its contractors, including Centurion of Minnesota
LLC and Centene Corporation;

• The Minnesota Department of Human Services (DHS), Minnesota Health Care Programs
(MHCP) such as Medicaid (Medical Assistance and MN Care), Insurance Affordability Programs
(IAP), 340B Drug Pricing Program — programs managed by Magellan Health Services. Change
Healthcare Minnesota, MHCP contracted vendor for the Specialty Drug List (incl. insulin) and
state maximum allowable cost (SMAC);

• Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP), the Materials Management
Division of the State of Minnesota's Department of Administration for government healthcare
facilities (MMCAP administrator), the National Medicaid Pooling Initiative (supplemental rebate

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 agreements with more than 90 pharmaceutical manufacturers), and NMPI program administrator
(Provider Synergies LLC, a wholly-owned subsidiary of Magellan Health Services.);

• Private pharmacy benefit managers and insurers, including Humana, Blue Cross and Blue Shield
of Minnesota, Express Scripts, Eagan-based Prime Therapeutics, Minnetonka-based
UnitedHealthcare,

• America’s Health Insurance Plans (AHIP), Pharmaceutical Care Management

Association (PCMA) and National Association of Insurance Commissioners (NAIC), and their
local affiliates, e.g. Minnesota Council of Health Plans;

• Keith Ellison (in his individual capacity and a candidate for Attorney General), Keith Ellison for
Attorney General committee, as well as any affiliated or non-affiliated committee;

• U.S. District Court of New Jersey, including Judge Martinotti and Administrative Judge
Goodman.

When a privilege is asserted, the document or communication must still be included in the requested
log. The specific statutory or legal basis of the privilege must be provided in writing and the record
must be specifically described in order to allow us to appeal the assertion of privilege, if necessary.

When access to a record is denied, the specific statutory or legal basis must be provided in writing,
including when any data is redacted.
If the Agency maintains the requested data "in a computer storage medium” and in a standard format
(e.g. pdf), then the copy of the data must be provided in that medium, if the government entity "can
reasonably make the copy or have a copy made." Minn. Stat. § 13.03, subd. 3(e).
C. A statement concerning willingness to pay fees:
The purpose of this request is primarily for educational and research purpose. Litigation on
insulin pricing has been ongoing for many years with limited success. The insulin pricing class action
filed in NJ against insulin manufacturers has now been partially dismissed. In the meantime, people
with type 1 diabetes are still being overcharged for their insulin.

Considering the critical importance of the underlying issues, T1DF’s charitable purpose—but
also its extremely limited resources (less than $20,000 in 2018)—we therefore request that all fees
and costs associated with this request be waived in their entirety.
Thank you for your consideration of these matters.

Respectfully submitted,

Charles Fournier, Vice President

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