HomeCare Specialists Files Suit Against Horizon NJ Health, NJ Agencies, Cape May Board of SS
Thursday, May 24, 2018
Princeton, NJ (May 23, 2018)(CNBNewsnet)--Wednesday, May 16, Bergre Acquisitions, LLC d/b/a HomeCare Specialists filed a Seven-Count Complaint in the Superior Court of New Jersey, Mercer Vicinage, against the New Jersey Division of Consumer Affairs (“DCA”), the New Jersey Division of Aging Services (“DAS”), the New Jersey Division of Medical Assistance and Health Services (“DMAHS”), Horizon Healthcare Services, Inc. d/b/a Horizon Blue Cross Blue Shield of New Jersey (“Horizon BCBS”), Horizon Healthcare of New Jersey, Inc. d/b/a Horizon NJ Health (“Horizon NJ Health”), and the Cape May County Board of Social Services (“CMBSS”).
The lawsuit arises out of the improper termination of HomeCare’s Jersey Assistance for Community Caregiving (“JACC”) enrollment by DAS, its Participating Provider Agreement by Horizon NJ Health, and its Home Health Aid (“HHA”), Homemaker Care Services (“HCS”), and Statewide Respite Care Program (“Respite”) services contract with CMBSS - all of which was initiated by defamatory communications from a Deputy Attorney General (“DAG”) working within DCA, who directed DAS to re-publish the substance of that defamatory communication to, among others, CMBSS, DMAHS, and Horizon NJ Health, who in turn terminated their relationships with HomeCare.
The DAG working within DCA issued a Provisional Order of Revocation of Registration and Discipline (“POR”) to HomeCare Specialists in April 2016, alleging several alleged deficiencies relative to HomeCare’s operations as a Health Care Service Firm and Temporary Help Service Firm, regulated by DCA. While the substantive allegations of the POR were later settled by consent upon HomeCare’s filing of formal objections, it is the conduct of DCA, DAS, DMAHS, Horizon NJ Health, and CMBSS notwithstanding that consent order that forms the basis of HomeCare’s lawsuit.
“In a nutshell, several overzealous bureaucrats set in motion what open record requests have shown to be a concerted and disproportionate response to the POR by DCA, DAS, DMAHS, Horizon NJ Health, and CMBSS, which ultimately sounded the death knell for HomeCare’s business; much to the detriment of the at-risk population it served, and all before HomeCare was given the opportunity to challenge what were ultimately laughably frivolous allegations,” explained John W. Leardi, of Buttaci Leardi & Werner LLC, counsel for HomeCare.
“Together, the actions of these parties destroyed our business,” said HomeCare’s Managing Member Gregory Sheppard. “As the complaint details, these actions were outrageous, unwarranted, and intentionally designed to inflict the maximum amount of damage to our employees and the Company.”
“They say that light is the best disinfectant,” said HomeCare’s Director of Business Development Ed Sheppard. “Last week, the Complaint just started to shine a spotlight on what we feel was a purposeful agreement among these parties to put us out of business.”
Any and all questions regarding this suit should be directed to Mr. Leardi at [email protected] or 609-799-5150.
Buttaci Leardi & Werner LLC is a health law boutique located in Princeton, NJ. The firm primarily advocates for healthcare access, delivery, and reimbursement on behalf of its healthcare provider clients and their patients. For more about the firm, visit www.buttacilaw.com.