RALPHL. CARR COLORADO JUDICIAL CENTER 1300 Broadway, 9th Floor Denver, Colorado 80203 Phone (720) 508-6000 CYNTHIA H. CoRPMAN Attorney General Davip €. BLAKE ‘Chief Deputy Attorney General MeLaNig J. SNYDER cen STATE OF COLORADO Solicitor General DEPARTMENT OF LAW March 11, 2016 RE: ColoradoCare - Cease and Desist Lindy Wallace ‘Chuck Holum Melinda Harper Faye Diamond ‘Adam J. Griff, Ph.D. Rebecca Lynn Sharon Montes, MD Marc Ringel, MD Jack Westfall, MD Dan Tuteur Dear Former Colorado HealthOP Board Member and Officers: ‘The Commissioner of the Colorado Division of Insurance (the “Commissioner”) has contacted the Attorney General’s Office regarding complaints from former Colorado HealthOP (“CO-OP”) members. ‘These consumers were sent communications to their personal email addresses concerning a recent ballot initiative referred to as “ColoradoCare.” The Division of Insurance (the “Division”) is in receipt of this email ("Email"). The Email was sent on behalf of former board members and staff of the now failed CO-OP. Furthermore, it appears that the Email was sent to former CO-OP members precisely because they were formerly members of the CO-OP. As you are aware, the Commissioner was appointed Rehabilitator of the CO-OP on November 10, 2015. ‘At that time, Judge Hoffman ordered, pursuant to § 10-3-505, C.R.S., that the CO-OP, its agents, representatives and alt officers and directors thereof are permanently restrained and enjoined, until further order of the Court, from transferring any of the CO-OP's property, and from withholding from the Rehabilitator any books, accounts, documents, or other records relating to the business of the CO-OP. The November 10” Order also permanently restrained and enjoined all current or former board members and/or officers from “..exercising any direction, control or influence whatsoever or transacting any further business of the CO-OP, any of its subsidiaries or their assets.” (Emphasis added). An Order of Liquidation and Finding of Insolvency entered on January 4, 2016 against the CO-OP extended the Commissioner’s authority through the liquidation period. Pursuant to the Liquidation Order, current and former board members and officers continued to be permanently restrained and enjoined from “..exercising any direction, control or influence whatsoever or transacting any further business of the CO-OP, any of its subsidiaries or their assets pending further order of this Court. (Emphasis added). Further, you were again restrained and enjoined from transferring any of the CO-OP’s property, and from withholding any books, accounts, documents, or other records relating to the business of the CO-OP, Email addresses and all private identifying information of former CO-OP members, brokers, and any other clients, and/or affiliates obtained through the course of the CO-OP"s operation, are the sole property of the CO-OP. The Email indicates that you have converted the former CO-OP members” email addresses to your own personal use. Your use of the email addresses of former CO-OP membersPage 2 is a violation of the Court's November 10 and January 4" Orders. Furthermore, your attempt to direct, control or influence former CO-OP members because of your role as former employees, board members or officers of the CO-OP also appears to be a violation of the November 10" and January 4” Orders. Therefore, demand fs hereby made for you to immediately cease using any contact information, cluding that of former CO-OP members, brokers or any other identifying and contact information obtained through your previous association with the CO-OP, as such information is the property of the CO-OP. Further, demand is also made for you to retum and/or permanently destroy any such information, including email and contact information you received during your time as an officer, employee or board member of the CO-OP. Failure and/or refusal to comply with this request will result with the commencement of any necessary legal action pursuant to the Commissioner's authority outlined in statute and in the November 10" and January 4" Orders. Pursuant to the Court’s Orders and § 10-3-506, C.R.S., you are required to promptly reply in writing to any inquiry from the Commissioner. Your response is requested by March 21, 2016, either confirming that you have destroyed any and all books, accounts, documents, or other records relating to the business of the CO-OP, or in the alternative returning them to the CO-OP. This includes, but is not Limited to, any and all contact information for former CO-OP members. Regards, cn J Assistdnt Attorney Generat Attorney for the Division of Insurance Telephone: 720-508-6428 E-mail: peter. frigo@coag.gov