In light of the New Jersey Appellate Division’s recent decision in County of Passaic v. Horizon Healthcare Services affirming the validity of a commercial arbitration agreement that did not contain a jury waiver, contracting entities including those in the healthcare sector need to approach language differently depending on whether they are dealing with a consumer or employment agreement or an arm’s-length commercial contract. Greenbaum partners Robert B. Hille and John W. Kaveney analyze the impact of the February 8, 2023 Appellate ruling in this commentary published by the New Jersey Law Journal.

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Photo of Robert B. Hille Robert B. Hille

Partner, Healthcare and Litigation Departments

Mr. Hille focuses his practice in litigation, with a particular emphasis on trial advocacy. His areas of concentration include insurance, healthcare law, professional liability and ethics, and white-collar criminal matters, including those related to professional ethics. Mr. Hille…

Partner, Healthcare and Litigation Departments

Mr. Hille focuses his practice in litigation, with a particular emphasis on trial advocacy. His areas of concentration include insurance, healthcare law, professional liability and ethics, and white-collar criminal matters, including those related to professional ethics. Mr. Hille has extensive trial expertise that encompasses insurance defense and coverage cases, healthcare disputes, professional liability defense, fraud and abuse, and regulatory issues.

Mr. Hille’s white-collar experience includes involvement in both state and federal investigations, including those related to healthcare fraud and abuse and the taking of fraudulent payments from government entities. He also represents legal professionals in District Ethics Committee (DEC) and Office of Attorney Ethics (OAE) investigations and prosecutions, including matters before the Disciplinary Review Board (DRB) and New Jersey Supreme Court. In that regard, Mr. Hille has represented clients in matters ranging from dismissal or diversion to disbarment.

Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, Mr. Hille has served as an amicus representative for professional and business associations on a number of matters before the Supreme Court. He has published and lectured widely in his areas of concentration.

Contact information:

rhille@greenbaumlaw.com | 973.577.1808 | vCard  | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

Photo of John W. Kaveney John W. Kaveney

Partner, Healthcare and Litigation Departments

Mr. Kaveney focuses his practice in the area of healthcare law, representing a range of clients that includes for-profit and non-profit hospitals and health systems, academic medical centers, individual physicians and physician groups, ambulatory surgery centers, ancillary service…

Partner, Healthcare and Litigation Departments

Mr. Kaveney focuses his practice in the area of healthcare law, representing a range of clients that includes for-profit and non-profit hospitals and health systems, academic medical centers, individual physicians and physician groups, ambulatory surgery centers, ancillary service providers, medical billing companies, skilled nursing and rehabilitation facilities, behavioral health centers and pharmacies.

His practice in the healthcare field encompasses advising healthcare clients on corporate compliance matters, including the implementation of new, and the assessment of existing, corporate compliance programs. He also assists healthcare clients with compliance audits and investigations, as well as guiding clients through the self-disclosure and repayment processes. Finally, he provides general legal advice concerning compliance and regulatory matters under state and federal healthcare laws.

In the area of information privacy and data security, Mr. Kaveney advises healthcare clients on issues arising under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH). This includes the implementation and assessment of privacy and security policies and procedures to ensure the proper protection and utilization of protected health information both by healthcare providers and the business associates with which they contract. In addition, he represents healthcare clients in investigating, reporting, and remediating information breaches and the liability such breaches create under various information privacy and security laws.

Additionally, Mr. Kaveney provides counsel on Medicaid and Medicare reimbursement matters before the Division of Medical Assistance and Health Services and the Provider Reimbursement Review Board, as well as assisting clients in civil litigation and with professional licensing and medical staffing concerns.

Contact information:

jkaveney@greenbaumlaw.com | 973.577.1796 | vCard | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.