Healthcare litigation leader Gregory Pimstone and healthcare litigation partner Barry Landsberg were named to Daily Journal’s inaugural Top Healthcare Lawyers list, which recognizes 22 leading California lawyers who specialize in healthcare litigation, transactions and counseling.
Pimstone was recognized for his work representing Blue Shield against claims that were brought by a Southern California family physician alleging the company, as well as three other major health plans involved in the case, should be considered "insurers" who owe years' worth of gross premium tax instead of other taxes they were assessed by the state. Commenting on the case, Pimstone said, “if the courts rule the health plans can be taxed as insurers, that could call into question the financing of Medi-Cal, because the way the system works now is that the Managed Care Organization Tax that the health plans pay is a major source of Medi-Cal funding.” This case is ongoing.
Landsberg was recognized for his work securing a unanimous grant of a petition for review from the California Supreme Court on behalf of HCR ManorCare, Inc. in Jarman v. HCR ManorCare, Inc. The suit was brought by skilled nursing facility residents who allege violations of their rights and are seeking putative damages from the organization, which Landsberg argues isn’t authorized by the Health and Safety Code, which limits awards to $500 per lawsuit. Discussing the case, he said “there have been multiple attempts over the years to change the law but the Legislature said no, it’s $500 per suit. The Jarman appellate panel said that can’t be right, so it came up with a different approach.”