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Confidentiality is Key Issue in Heating-Up OMNIA Litigation

Posted in Hospitals and Institutions, Litigation, Private Insurers, State Matters

Day Pitney’s Michael Furey was quoted and Dennis LaFiura was mentioned in an article, “Confidentiality is Key Issue in Heating-Up OMNIA Litigation,” in the New Jersey Law Journal. Day Pitney is representing seven New Jersey hospitals in litigation (previously discussed here, here and here) against Horizon Healthcare concerning its new two-tiered health plan called OMNIA.

The litigation seeks to compel Horizon to disclose how it decided which hospitals should be in “tier 1” and which should be in “tier 2,” and the trial judge has ordered Horizon to produce documents and information that will explain its decision-making process. Hospitals that are represented by separate counsel are also challenging the State Department of Banking and Insurance’s approval of OMNIA.

“It is difficult for me to speak to the merits publicly because virtually all of the discovery Horizon has produced has been indiscriminately marked ’Confidential,’” Furey said, citing what he called Horizon’s “efforts to litigate this case in secrecy so the public does not learn what occurred.”

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