Glenn Solomon

• Represented San Jose Health System as lead counsel in Capito v. Regional Medical Center of San Jose, 14 Cal.5th 1234 (2024), in which the California Supreme Court rejected putative class action theories that sought to impose higher standards on hospitals for posting charges in the emergency room. The unanimous high court opinion affirmed a lower court win and reversed other lower courts that had gone the other way and created a split of authority.
• Represented California Hospital Association, California Medical Association, Regional Medical Center of San Jose, and Good Samaritan Hospital as amici in County of Santa Clara v. Sup. Ct., 14 Cal.5th 1034 (2023), in which the California Supreme Court, reversing a lower court decision, held that government owned health plans are subject to the Knox-Keene Act and lawsuits for reimbursement by out-of-network providers; potential impact exceeds hundreds of millions of dollars for California out-of-network providers.
• Represented CEP America California dba Vituity against Heritage Provider Network regarding underpayments for out-of-network emergency physician services at many hospitals, resulting in jury award in April 2023, against the health plan on claims exceeding $10 million.
• Represented California Hospital Association, California Medical Association, and a plaintiff class of California hospitals against Blue Cross regarding post-claims underwriting; court-approved settlement pool of $11.8 million for the benefit of all California hospitals that were affected by Blue Cross’s rescissions of patient policies.
• Represented plaintiff's class of California Ambulatory Surgery Centers against United Healthcare, Ingenix (now Optum) and dozens of self-funded plans regarding out-of-network payments; class settlement reached for $9.5 million for the benefit of California ASCs.
• Represented Children's Hospital Central California against Blue Cross of California in which appeals court held that the parties can present to the jury ona variety of evidence, includingthe hospital's charges, contracted rates and government rates, but not the costs to render the services at issue.
• Jury verdict for Children's Hospital Central California determining plan was liable at 100% of charges for post-stabilization services rendered by hospital when plan failed to transfer Medi-Cal managed care beneficiaries to alternative providers; jury rejected plan's argument that hospital had not received authorization or been deemed authored.
• Represented California Hospital Association, plus a national dialysis provider and a putative class of ambulatory surgery centers nationwide, in obtaining court order that national class action settlement agreement regarding United’s reimbursement practices to non-contracted physicians doesn’t bar facilities from pursuing underpayment claims for facility services.
• Represented C/HCA, Inc. in federal court to obtain preliminary injunction against Regence Blue Cross Blue Shield of Utah from marketing the hospitals as being in-network providers for new tiered network product that was not contemplated by the parties’ contract.
• Represented Coast Plaza Doctors Hosp. against an Anthem Blue plan in appeals court decision that providers aren’t preempted from pursuing direct state law claims against non-self-funded ERISA health plans and can sue such plans, rather than as assignees of the patient’s ERISA benefits.
• Represented Mount Diablo Medical Center in successful defeat of Health Net of California's motion to compel arbitration where dispute also involved the health plan's entity who was not subject to arbitration in multiparty capitation network dispute.
• Represented prominent psychiatric hospitals in complex negotiations with the city of Los Angeles for a pre-filing settlement and stipulated judgment to resolve allegations of improper psychiatric patient discharges and then develop patient safety standards with the city for wider use as part of a year-long collaborative task force.
• Represented a number of prominent non-profit hospitals in class action defense against uninsured patients challenging various charges and billing practices.
• In addition to these and other public court matters, Mr. Solomon often handles and resolves complex legal disputes for health care providers through arbitrations, mediations, settlement negotiations, and regulatory forums throughout the country. Over the course of his career he has worked on matters collectively generating over one billion dollars for his provider clients in additional revenue from underpayments and avoided recoupments of alleged overpayments.

Glenn Solomon focuses on commercial and government managed care, complex business litigation, arbitration, mediation, class action, investigations, regulatory forums, and other dispute resolution matters. As a partner in our Healthcare practice, his diverse clientele includes prominent hospitals and health systems, medical groups, hospital-based physicians, specialty pharmacies, laboratories, ancillary providers, independent physician associations, management services organizations, and other health care providers and entities throughout the nation. He has resolved significant legal disputes with health plans and negotiated high-profile contracts with them, as well as solved disagreements between providers, vendors and other stakeholders.  He has helped providers obtain many hundreds of million of dollars through underpayments recoveries, contract improvements, negotiations, settlements and improved contractual relations.  He also has successfully defended against similarly large alleged overpayments that plans were not entitled to recover under the applicable law, contracts and circumstances. Glenn’s experience allows him to break down complex disputes to think outside the box and identify and achieve the best options for his clients. His broad health industry expertise involves dealings with health plans, insurance companies, ERISA plans, self-funded plans, qui tam relators, employees, vendors, other providers and the government. His versatile background also has allowed him to be a court-designated expert witness and to mediate disputes.  He also has experience representing clients in other industries such as telecommunications, accounting, retail, and banking.