APP editorial - Brewer v. Middletown: Don't contest benefits ruling

I don't know how many of you saw this Asbury Park editorial last week concerning the Brewer v. Middletown case, in which the NJ Superior Court Judge Lawrence M. Lawson, ruled that Middletown must release employees' personal health insurance information. His ruling established that this personal info was  indeed public information and the release of it is applicably to all of Monmouth County. The APP in its editorial, urged Middletown to comply with Judge Lawson's ruling and not contest it.

When the ruling was announce three weeks ago Middletown officials still wasn't sure if they would comply with it or not, leaving open the possibility of appealing Judge Lawson's decision to a higher court.

According to an Asbury Park Press article published on the 15th, the Middletown's Township Committee intended to discussed or comply with Judge Lawson's ruling at its January 21st (moved to the 23rd) meeting. I was present for that night's meeting and nothing publicly was said about the case. I've since learned that the case was discussed during Executive Session that night.  I'm wondering if a decision was made as to whether or not they will comply or appeal and when they will announce it.

Appealing the case to a higher court would be a huge waste of time and tax dollars, they will surely lose at the appellate level also. And if Middletown loses the appeal then the appellate court decision will have application statewide, whereas  the Jan. 7 decision applies to only Monmouth County.

I believe Middletown has 30 days from the time of the ruling to comply or appeal. Time is running out.

Below is the APP editorial "Don't contest benefits ruling" for those that haven't read it as of yet:

"When taxpayers are being asked to foot the bill for the medical benefits of part-time public officials, they have a right to know who is drawing those benefits and how much they cost.

That common-sense position now has the force of law, thanks to state Superior Court Judge Lawrence M. Lawson’s recent ruling that Middletown, which provides a group health plan for its employees, must disclose the names of those who are enrolled, and the cost and type of coverage elected by each employee.

A township resident, Lee Brewer, made a request under the Open Public Records Act for the names of everyone, including employees, retirees and appointees, who received health coverage from Middletown since Jan. 1, 2008.

While Brewer got most of the information he requested, the names of the people receiving the health coverage were redacted. He sued to get the employees’ names, job titles and the coverage they selected.

Lawson’s decision should move the state one step closer to prohibiting self-insured towns from providing medical benefits to part timers.

Reforms in 2010 prohibited new part-time government employees and elected and appointed officials enrolled in the State Health Benefits Plan and State Educators Health Benefits Plan from receiving health benefits.

In Monmouth County, more than half the municipalities are not enrolled in the state plans. In Ocean County, 13 of 31 are not enrolled, and thereby exempt from the health benefits prohibition for part timers.

There may be legitimate reasons for towns, school districts and authorities to either self-insure or participate in joint plans with other towns rather than enrolling in a state health benefits plan. Hiding the identities of part timers still collecting health insurance isn’t one of them.

Middletown officials plan to discuss whether to appeal Lawson’s ruling or comply with it at the Township Committee meeting on Thursday, Township Attorney Brian Nelson said.

They should comply and let Lawson’s decision stand as a wake-up call to other self-insured municipalities that would seek to keep the same information about their employees confidential.

Middletown’s arguments are specious at best. Township officials say they are concerned about violating the Health Insurance Portability and Accountability Act (HIPAA) and the Employee Retirement Income Security Act (ERISA), which can carry substantial federal fines for violations such as revealing an employee’s personal information.

Nobody is asking for a list of conditions for which employees sought coverage. And the township’s argument failed to address precisely which elements of HIPAA or ERISA specifically prohibit the release of the health care information requested.

Lawson’s court ruling was a victory for all taxpayers on the hook for health care benefits for part-time employees in their towns. The sooner more information is available about who’s feeding at the trough, the sooner such abuses will end."