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 is representing three New Jersey hospitals in the lawsuit against Horizon Healthcare relating to its value based health plan called Omnia. In a unanimous decision, the justices reasoned that the information is relevant to the plaintiff hospitals' claims that the selection process was flawed and that any confidentiality concerns could be addressed by the use of a protective order. The ruling reversed an Appellate Division decision denying the plaintiff hospitals discovery of the consultant's report and Horizon's agreements with the preferred hospitals. In the article, "Discovery Is Relevant To Horizon Plan Row, NJ Justices Say," published in Law360, Furey, as an attorney for the three plaintiff hospitals, hailed the decision, saying, "The more we learn about the Omnia plan through this lawsuit, the more we know that, instead of relying upon objective health care criteria, Horizon pre-selected the state's largest and most expensive hospitals to be Tier 1 providers." Furey was also quoted in "Consultant Report Must Be Turned Over in Suit Over Health Insurer's Plan in the New Jersey Law Journal; "Court Rules Hospitals Suing Horizon Can Have Access to Omnia Documents," in Politico.com "Updated: Supreme Court sides with hospitals over Horizon disclosure" in NJBIZ; "NJ Supreme Court Rules Against Horizon in Fight With Hospitals" in Observer.com; "Horizon loses court battle with N.J. hospitals over keeping OMNIA records secret" in NJ.com, "NJ's Top Court Rules Horizon Must Divulge Details of 'Secret' Omnia Plan" in NJSpotlight.com.
Michael Furey and Sylvia-Rebecca Gutiérrez authored an article, "Is It Worth the Risk? Doing Business With Your Client," published by the New Jersey Law Journal in a Professional Malpractice special section.
Day Pitney Alert
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.
Day Pitney Press Release
Day Pitney Press Release
Day Pitney LLP, led by partner Michael Furey, is representing a major retailer in connection with a personal injury case of first impression that is pending in the Supreme Court of New Jersey.
Boston-based Day Pitney partner Jonathan I. Handler was quoted in an article, "Split Mass. Top Court Says Strict Time Bar Can Apply To 93A," published by Law360.
Michael Furey was quoted in an article, "An inside look at how Horizon used hospital costs – and quality – in plan to change N.J. health care," which was published on NJ.com and also appeared in the July 29 edition of The Star-Ledger under the headline, "Reports: Horizon Skewed Quality, Costs on New Plan."