New Jersey health system hit by antitrust lawsuit over property purchase

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Law360 (September 9, 2022 8:05 PM EDT) — New Jersey’s healthcare system is in a multi-pronged conspiracy to monopolize healthcare in the region and put its rivals out of business, especially in Hudson. We have received an antitrust complaint alleging that county.
of Complaints on page 69CarePoint Health filed Tuesday in northern New Jersey. ”
In particular, the alleged “entangled scheme” involved “a series of acquisitions of competing hospitals and healthcare providers, as well as the real estate needed to operate the competing hospitals.”
CarePoint alleges that RWJBarnabas worked with Hudson Regional Hospital (HRH) officials to put it out of business.
HRH Chairman Yan Moshe and HRH President and CEO Dr. Nizar Kifaieh have been accused of conspiring with RWJBarnabas. Avery Eisenreich, a “real estate agent,” is also included in the complaint, accused by Carepoint in a real estate transaction “used to undermine Carepoint and create uncertainty among its employees.” I’m here.
According to the complaint, RWJBarnabas continued to spread false information, undermined confidence in the CarePoint system, and “had no intention of actually acquiring CarePoint and inflicted a ‘death in shreds’ on CarePoint until it was eliminated as a competitor.” I claim. .
The complaint also accuses the hospital system of conspiring with health insurer Horizon Blue Cross Blue Shield to open a satellite emergency medical services location in Bayonne.
CarePoint alleges it lost revenue and resulting profits due to RWJBarnabas’ actions to catch up with “the anti-competitive effects of the actions of RWJ and its co-conspirators.”
Jersey City Medical Center at RWJBarnabas and Christ Hospital at CarePoint are two of the three largest hospitals in Hudson County and the only hospital in Jersey City.
The lawsuit follows another lawsuit that started in August, in which CarePoint sued JCMC in state court, sending underinsured and uninsured patients to CarePoint hospitals while private insurance was issued. claimed to have violated the Settlement Agreement by directing a patient in an ambulance affiliated to the company to his door. The complaint also alleges violations of New Jersey antitrust laws.
Tuesday’s complaint alleges that JCMC will close most of its charity care clinics in Hudson County, transfer uninsured or underinsured patients to CarePoint, and “use its ambulance service to make it more profitable.” transferred the insured with high volatility to RWJ hospital.”
In a statement responding to the lawsuit, a spokesperson for RWJBarnabas called the lawsuit one in a “series of unsubstantiated complaints” and said CarePoint management was “dissatisfied with their poor business decisions.” Instead of accepting responsibility for the consequences, he chose to hold others accountable.” and action over the years. ”
“RWJBarnabas Health has a long-standing commitment to serving the residents of Hudson County and is proud of the significant investment it has made in technology, facilities and clinical teams to advance its mission.” said the spokesperson.
Carepoint is seeking treble damages and reasonable attorneys’ fees from the court, along with an injunction barring RWJBarnabas and its co-conspirators from continuing “their unlawful conduct.” The Group is also seeking economic damages under Section 4 of the Clayton Act.
HRH did not immediately respond to a request for comment on Friday.
CarePoint is represented by Patrick M. Harrington, Lawrence G. McMichael, and James J. Rodgers of Dilworth Paxson LLP.
RWJBarnabas’ attorney information was not included in the complaint.
The case is Care Point Health Management Associates LLC et al. v. RWJ Barnabas Health Inc, Case No. 2:22-cv-05421, United States District Court for the District of New Jersey.
— Edited by Rich Mills.
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