As reported by nytimes.com, in the last three years, hundreds of cities, towns and school districts in New Jersey have saved tens of millions of dollars on health insurance by dumping their private carriers and switching to a little-known benefits program run by the state. But now one of the state’s most powerful lawmakers is promoting legislation that could effectively cripple the program. The lawmaker, Senate President Stephen Sweeney, has placed a provision in a health care insurance bill that would prohibit the program from accepting new members.

Sweeney is a close ally and childhood friend of George Norcross 3rd, perhaps the most influential Democratic boss in New Jersey. Mr. Norcross owns one of the largest brokers of health insurance to government entities in the state, and his company has been losing customers to the program Sweeney wants to rein in. Sweeney acknowledged in an interview that he had spoken with Norcross about the provision, but denies the legislation was introduced at his behest.

Sweeney said the state benefits program was losing hundreds of millions of dollars and required costly state subsidies. A ban on new members would “allow time for stabilization and to judge the plan’s sustainability,” he said. However, state records and interviews call into question Sweeney’s claim that the state program is foundering.

The health coverage bill introduced by Sweeney has gotten attention largely because it would require public sector workers to pay much more for insurance. But, the ban on new admissions to the state program, local officials warn, could administer a poison pill to one of the most effective tools that cities, towns, and school districts in New Jersey can use to pool resources and achieve significant savings in health insurance costs. If the provision is approved, governments not currently in the program would then have to seek insurance through companies like Norcross’ Conner Strong.

The state benefits program covers three groups: one for about 146,000 state workers, another for about 180,000 teachers and other school workers, and a third for about 67,000 local government workers. The program offers relatively generous benefits at low costs, and must accept any municipality or school system in New Jersey that applies, no matter how sick its work force. Privately run insurance pools sometimes accepts only those that have had lower medical expenses. Each municipality or district that joins the state program pays the same rate, so healthier work forces subsidize sicker ones.

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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.