Horizon Didn't Justify Sealing Tiered Plan Docs, Judge Says
April 13, 2018
Michael Furey was quoted in an article, "Horizon Didn't Justify Sealing Tiered Plan Docs, Judge Says," published by Law360. The article focuses on a recent decision by Bergen County Superior Court Judge Robert Contillo ordering Horizon Blue Cross Blue Shield to disclose a report from McKinsey & Co. that helped Horizon develop its OMNIA tiered insurance plan. According to the article, Judge Contillo granted a motion by Advance Local Media LLC, which intervened in a lawsuit by three New Jersey-based hospitals, Centrastate Medical Center, Holy Name Medical Center and Valley Hospital, alleging Horizon breached its obligations by limiting its selection to the largest hospitals. In his decision, Judge Contillo noted "There is a broad, legitimate, immediate public interest in how healthcare is delivered in this state, how patients are insured and how they are incentivized to be evaluated tested and treated by particular providers." As a result the media and public should have access to the McKinsey Report and other evidence relating to the selection process.
As noted in the article, Furey hailed Judge Contillo for seeing through Horizon's "baseless claims of confidentiality." He told Law360, "With Judge Contillo's decision, the public should finally have an opportunity to learn the truth behind OMNIA."
Furey and Dennis LaFiura are representing the hospitals in this case, Capital Health Systems Inc. et al. v. Horizon Healthcare Services Inc., case number BER-C-369-15, in the Superior Court of New Jersey, County of Bergen.
Day Pitney Litigation Partners Gregory Bruno and Alfred W.J. Marks authored "Don't Believe Everything You Read Online: Recent Sanctions Decision Offers Cautionary Tale of Generative AI Risks" for the New York Law Journal's Special Litigation Section.