Michael Furey was quoted in an article, "Hospitals' suit over OMNIA health plan can continue, Appellate Division says," in NJBIZ. Day Pitney is representing three New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to the formation of its new, multi-tiered health plan called OMNIA. As the article reports, the hospitals can continue their case according to a court order from the Appellate Division which denied motions from Horizon that sought to stay the case until the Supreme Court reviews an appeal pending before it. The Appellate Division also refused Horizon's attempt to stop depositions and prevent the release of documents. The decision by the appellate court is "very positive news," Furey told NJBIZ. "(Friday's) ruling is an important step in moving this case forward and unraveling the secrecy surrounding Horizon's ill-conceived OMNIA plan," Furey said. "We remain confident that ultimately the public will learn the truth about OMNIA and that the court will rule in favor of the hospitals."
Becky Gutierrez wrote an article, "Limitations On Direct-To-Consumer Tests In Md. And NY" for Law360. The article offers best practices to comply with Maryland’s and New York’s statutory limitations on direct-to-consumer testing results.
Paul D. Williams and Jennifer Shukla updated the Q&A guide "Initial Civil Appeals: Connecticut" for Practical Law. This Q&A addresses starting an appeal (as of right or by permission), obtaining a stay pending appeal, completing preliminary requirements (like mediation), submitting a factual record or appendix, briefing the appeal, arguing the appeal and requesting rehearing.
On April 13, Day Pitney will hold a CLE that will cover two topics at Quest Diagnostics Incorporated, at 3 Giralda Farms in Madison, New Jersey. Benjamin E. Haglund, John W. Cerreta, Thomas A. Zalewski and Sylvia–Rebecca Gutierrez will teach a course on Contract & Tort Law Update for the Health Care Practitioner. The course will cover contract and tort issues for health care practitioners with special emphasis on genetic testing in tort litigation and potential pitfalls regarding provisions contained in contracts with hospitals, health plans, and suppliers. Theresa Kelly and Rachel Gonzalez will also teach a course on Employment Law, which will cover employment law issues with special emphasis on recent National Labor Relations Board activities and the Family and Medical Leave Act.
On January 15, Michael Furey will speak at a seminar hosted by the New Jersey Bar Association about “Frivolous Litigation Sanctions in New Jersey State Court: Achieving Them & Avoiding Them,” at the Law Center in New Brunswick, NJ. Furey will analyze and compare the federal law (Rule 11) with New Jersey law.
Michael Furey and Sylvia-Rebecca Gutierrez wrote an article, "Limited Scope Representation: A Fact of Life, But Risky for Attorneys," for New Jersey Law Journal. The article examines the use of limited scope agreements, their advantages and the risks involved.
Michael Furey was quoted in an article, "The Biggest New Jersey Cases of 2016," which was published in Law360.
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.
Ernie Mattei was recently re-elected to the Connecticut Bar Association's House of Delegates, the primary decision making and policy making body of the CBA, for a third term. In his role, Ernie will address recommendations to the judges with respect to amendments to the Code of Professional Responsibility, recommendations regarding the organization of the courts, and any changes to the Connecticut Practice Book. Mattei has been involved in the CBA for over 35 years, and is also a member of the Executive Committees of the CBA’s Insurance Litigation and Litigation Sections.
Michael Furey was quoted in an article, "Lawsuit: Horizon misled on how it selected N.J. hospitals for top insurance tier," in the Star Ledger and NJ.com. Day Pitney is representing six New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Day Pitney obtained court orders compelling Horizon to hand over documents that revealed the six hospitals suing Horizon met all of Horizon's criteria and standards to be Alliance Partners and Tier 1 hospitals, according to the Amended Complaint. Instead of using a "pass or fail" score on quality measures to determine which hospitals should be Alliance partners, and Tier 1 or 2 hospitals, Horizon chose the largest and most expensive hospitals in its network to be its partners as a way to cause these hospitals to reduce their charges to Horizon. By Horizon labeling the six hospitals as "tier 2," their reputations suffered a blow, according to the lawsuit.