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ROBBINS v. HIP OF NEW JERSEY

264 N.J. Super. 572 (1993)

625 A.2d 45

ROBERT ROBBINS, ET AL., PLAINTIFFS, v. HIP OF NEW JERSEY, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

April 2, 1993.

Attorney(s) appearing for the Case

David K. Cuneo for plaintiff (Matteo & Cuneo, attorneys).

Thomas M. Masick for defendant (Parker, McCay & Criscuolo, attorneys).

SCHLESINGER, J.S.C.

In this medical malpractice action, defendant, HIP of New Jersey, a health maintenance organization (commonly known as an HMO) moves for summary judgment claiming statutory immunity from medical malpractice under N.J.S.A. 26:2J-25. The court holds that the statute does not grant such immunity to the HMO itself, but grants such immunity only to persons participating in the arrangements of an HMO who are not actual providers of health care...

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