Michael Furey was quoted in a Politico article about two hospitals that will be downgraded to second-tier status by New Jersey's largest insurer, Horizon Blue Cross Blue Shield of New Jersey, in its value based health plan called Omnia. The status level of a hospital in the two-tiered ranking system is of "particular importance," according to the article, because the plan encourages customers to choose Tier 1 hospitals and doctors.
Day Pitney is representing three other New Jersey hospitals in a lawsuit against Horizon Healthcare relating to its Omnia health plan. While neither of the hospitals whose status is being changed is involved in the lawsuit, according to the article, the plan to downgrade them "is sure to raise new questions about the validity of Horizon's selection criteria." In the article, Furey said, "This tier reshuffling suggests the selection process was not as thoughtful as Horizon has claimed." He continued, "It is also at odds with Horizon's contention in the litigation where my clients seek Tier 1 designation that it cannot add new Tier 1 hospitals."
Furey and Dennis LaFiura are representing three of the plaintiff hospitals - CentraState Medical Center in Freehold, Holy Name Medical Center in Teaneck, and Valley Hospital in Ridgewood. The case, Centrastate Medical Center Inc. et al v. Horizon Healthcare Services Inc. is pending in the Superior Court of New Jersey, Chancery Division.
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 seven news publications about a recent court ruling that found that hospitals suing New Jersey's largest insurer, over its two-tier provider system, may obtain the report of a consultant the insurer used in selecting hospitals for the preferred tier of the plan as well as the agreements the insurer entered into with the preferred hospitals.
Day Pitney Press Release
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.