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1 THE ASSOCIATION OF NEW JERSEY CHIROPRACTORS, INC v. HORIZON HEALTHCARE SERVICES INC. -- rank: 1000

... challenged the policy. They alleged Horizon's privileging policy violates N.J.S.A. 17B:27-51.1, a 1975 law that requires group health policies to cover ... held that plaintiffs had no private right of action under N.J.S.A. 17B:27-51.1. Moreover, Horizon did not violate the statute, because it governs ... do not have a private right of action to enforce N.J.S.A. 17B:27-51.1. "A private cause of action is essential when the plaintiff ... of chiropractors. [ L. 1975, c. 125, § 1 (codified at N.J.S.A. 17B:27-51.1).] A companion bill provided the same protection to persons insured ... It governs any "policy or contract of group health insurance." N.J.S.A. 17B:27-51.1. The statute does not address the rights of providers, nor ... enforcement of the rights the legislation established. We note that N.J.S.A. 17B:27-51.1 is comparable to similar provisions the Legislature has adopted ...

docket:	a6033-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-11-04
status:	Published
citation:
Document Size:	63649

2 THE ASSOCIATION OF NEW JERSEY CHIROPRACTORS, INC v. HORIZON HEALTHCARE SERVICES, INC. -- rank: 764

... approved sub-county service area.' Plaintiffs also alleged OMNIA violated N.J.S.A. 17B:27-51.1, because Horizon failed to reimburse Tier Two chiropractors 'for services ... of action could not be maintained under the Act or N.J.S.A. 17B:27-51.1 and dismissed plaintiffs' complaint. Our standard of review on appeal ... agree with the trial court that neither the Act nor N.J.S.A. 17B:27- 51.1, nor their concomitant regulatory provisions, create a private cause of ... class the Act is intended to benefit. The purpose of N.J.S.A. 17B:27-51.1 is to afford insured consumers reimbursed medical services provided by ... action under the Act. And we reject plaintiffs' contention that N.J.S.A. 17B:27-51.1 'was intended as a sword for consumers, and their chiropractic ... plaintiffs are seeking to enforce rights which the Act and N.J.S.A. 17B:27-51.1 do not confer upon them. In their complaint, plaintiffs ...

docket:	a0314-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-05
status:	Unpublished
citation:
Document Size:	21264