Michael Furey was quoted in an article, "Confidential Documents Suggest Horizon Misled Public on how it Picked Hospitals for OMNIA Program," which was published in The Star-Ledger and on NJ.com. The article discusses confidential reports and related documents that have been obtained in connection with a lawsuit brought by three New Jersey-based hospitals alleging Horizon Blue Cross Blue Shield of New Jersey breached its obligations by limiting its selection of Tier 1 hospitals to the largest hospital systems. In June 2018, the Supreme Court of New Jersey affirmed an order granted by the trial court in response to a motion filed by Advance Local Media LLC, which intervened in the lawsuit, to obtain these confidential materials. The plaintiff hospitals submitted a brief in support of Advance Local Media's application.
According to the article, the confidential materials suggest that Horizon invited two of the largest and most expensive hospital systems to join the exclusive OMNIA network—even before Horizon hired a consultant, McKinsey & Co., to evaluate hospital quality and cost. "They had already decided they wanted Barnabas and Hackensack to be the partner hospitals. They told the Legislature and the public they selected the best hospitals in the state who provided the lowest cost care, and they said they did it on the basis of what McKinsey told them," said Furey, who represents the three plaintiff hospitals, Centrastate Medical Center, Holy Name Medical Center and Valley Hospital. "But we uncovered they were already having these discussions in 2013 and early 2014 before they began the selection process," he continued.
The article also reports that Horizon and McKinsey developed six criteria, each weighted differently, to select Horizon's preferred hospital partners. Leadership and quality each account for 25 percent of the score – a fact, Horizon officials have argued in legal documents, that demonstrates its commitment to choosing the best partners. Quality measures earned more weight in later versions of McKinsey's report. Furey contended that other categories benefit larger hospitals and hospital chains. Services "across the care continuum" reward hospital chains, because what one hospital may lack in specialty or outpatient care can be complemented by another in the same system, he said. "Consumer attractiveness" favors the big-name institutions that can afford to wage aggressive marketing campaigns. In addition, the article cites, based on the confidential materials, that cost was ultimately not considered in selecting Tier 1 hospitals. Horizon officials, according to court records, said they did not judge hospitals based on what they charge now because OMNIA intends to create a "value-based" payment model, which rewards hospitals for keeping people well. However, Furey said Horizon is still paying hospitals the old-fashioned way, so cost should matter.
Jonathan Handler and Sylvia-Rebecca Gutiérrez co-authored an article, "Geographic Information Systems For Environmental Litigation," published by Bloomberg Environment's Environment & Energy Report.
Chase Rogers, former Chief Justice of the Connecticut Supreme Court, served as faculty at the New Appellate Judges Seminar, sponsored by the Institute of Judicial Administration (IJA) at New York University School of Law from July 15 – 20 in New York City.
Day Pitney Alert
On May 31, Michael Furey will be speaking at "Commercial Litigation from the Masters," a program being presented by the New Jersey Institute for Continuing Legal Education (NJICLE) and being held at the New Jersey Law Center in New Brunswick, NJ.
Steven Cash and Naju Lathia authored an article, "Pitching Your Cybersecurity Case to Law Enforcement Agencies," published by the New York Law Journal.
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.
Day Pitney Press Release
Day Pitney partner Chase Rogers, former Chief Justice of the Connecticut Supreme Court, was featured in an article, "Retired Judges Establish Fund To Provide Lawyers For Immigrant Families," published by the Hartford Courant.
Tom Goldberg and Scott Beach were quoted in an article, "Day Pitney Lawyers Bullish About Stamford Move," published by the Stamford Advocate.
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."