The U.S. Department of Justice called on the judge overseeing the Aetna-Humana acquisition trial to rebut Aetna's request for a pre-trial testimony from CMS' acting administrator, arguing the deposition should only be allowed under extraordinary circumstances, reports Hartford Courant.
Aetna is seeking to depose former Minnetonka, Minn.-based UnitedHealthcare executive Andy Slavitt to aid its defense against the DOJ's antitrust lawsuit to block Aetna's proposed $37 billion acquisition of Humana.
However, the DOJ asked the district judge to dismiss the request in a brief filed Tuesday, according to the report. The DOJ wrote, "Depositions of senior government officials interfere with government functions," and would only be permitted in the Aetna-Humana case if Mr. Slavitt has firsthand knowledge regarding the case.
Hartford, Conn.-based Aetna has gleaned depositions from other CMS administrators and Kevin Counihan, director of the ACA marketplaces.
In October Aetna and Humana called for sanctions preventing CMS employees from being witnesses or using documents from the health agency in the DOJ's antitrust case. The payers argued the DOJ held CMS documents for too long, inhibiting the insurers from using the documents as defense. The DOJ dismissed the accusations, arguing the payers' allegations were an attempt to thwart the trial before it began.
The trial is slated to begin Dec. 5.