As reported by nj.com, local governments could save more than $100 million annually by opting for the state health benefit plan instead of costlier alternatives, according to a State Comptroller’s Office report released Tuesday. The audit looked at four local governments of varying locations and sizes, Essex County, Brick Township, East Brunswick, and Haddon Township, and found that joining the State’s plan would have saved them collectively $12.5 million over a two year period starting in 2009.

Three of the local governments hired insurance brokers to assist them in securing coverage from insurance carriers and collectively paid more than $1 million in broker fees over a two-year period. Insurance brokers receive hefty commissions when they secure private insurance, but no money if the local government joins the state health plan. Thus, there is no financial incentive for brokers to select the state health plan and local governments don’t do enough to evaluate the costs and benefits themselves, the report said.

State Comptroller Matthew Boxer said, “Health coverage for public employees is an area in which substantial savings can be realized for taxpayers. Too many public entities in New Jersey are not taking basic steps to ensure that they are getting the best deal.”

The New Jersey Health Benefits plan was established in 1961 to provide health insurance coverage to all state employees, retirees, and their dependents. In 1964, it was expanded to all public employees in the state. It provided coverage for about 850,000 participants, the report said. As of April 2011, seven of the state’s 21 counties and 349 of the state’s 566 municipalities participated in the state plan.

Local government officials noted that switching into the state health plan is not easy because of existing union contracts. Often, union contracts have certain provisions like limits on co-pays and coverage that differ with the state plan. “Due to the number of collective bargaining agreements, 26 in total, all recommended changes to employee health benefits must be negotiated at the expiration of each agreement,” Essex County Administrator Ralph Ciallella said in a written response to the report’s findings. “Wholesale changes to employee health benefits must be negotiated at the expiration of each agreement.”

Hetty Rosenstein, state director for the Communications Workers of America, said the audit confirms what they have known for years. “The more cities and towns join the plan, the more taxpayers can save,” she said in a written statement.  “And the more efficient our healthcare system becomes.”

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.