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NJ Supreme Court Considers Whether to Give Hospitals Access to OMNIA-Related Documents

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

Day Pitney litigator Mike Furey was quoted in three separate articles in Politico , the New Jersey Law Journal and Law360 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 tiered health plan called OMNIA.

Day Pitney represents three of the hospitals in the case. Mike 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, Mike 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 Horizon’s confidentiality concerns could be addressed by a protective order. The Court reserved and will issue a written opinion.

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