N.J. Supreme Court Considers Whether to Give Hospitals Access to OMNIA-Related Documents

Michael Furey was quoted in three separate articles in Politico (subscription required), the New Jersey Law Journal and Law360 (subscription required) regarding his oral argument before the New Jersey Supreme Court of an appeal of an important discovery order by the firm's hospital clients. The appeal is part of the ongoing legal battle between Horizon Blue Cross Blue Shield of New Jersey and a group of hospitals challenging their designation as tier 2 in the insurer's OMNIA-tiered health plan. Michael, who is counsel for three of the hospitals in the case, told the Supreme Court that the Appellate Division had improperly considered the "merits of the claims" before the plaintiffs even had an opportunity to conduct discovery. The appellate court, Michael said, should have limited its review of the trial court's discovery orders to whether the lower court's decision to allow discovery of the documents was "arbitrary, capricious or without any rational basis." He also told the Court that the confidentiality concerns of Horizon could be addressed by a protective order. The Court reserved and will issue a written opinion.