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This
section is
devoted to providing useful information for the patient/victim/family
to
better understand and survive the mandatory arbitration process.
The
Kaiser Permanente Arbitration System: A Review and
Recommendations for Improvement -
The
Blue Ribbon Advisory Panel on
Kaiser Permanente Arbitration
The
Blue Ribbon Advisory Panel Report is displayed here on the Kaiser
Papers because the Office of the Independent Administrator would not.
https://kaiserpapers.com/legalstuff/blueribbon.html
Finally
this year, 2007, The Office of the Independent Administrator
also placed online the same report at:
http://www.oia-kaiserarb.com/oia/Forms%20&%20Reports/BRP%20Report.pdf
We
encourage you to read this report at the location of your choice.
How
to Survive A Kaiser Mandatory Binding Arbitration
https://kaiserpapers.com/legalstuff/surarib.html
In a brief
study of cost differences between states with binding mandatory
arbitration in Kaiser contracts and those that do not have a mandatory
arbitration clause in their Kaiser
contracts, we have found that there is no substantial difference
in cost of premiums. Binding mandatory arbitration does
not
appear to have
any bearing at all on the patients
premium cost.
Originally
we had this very positive idea that
this page would
just
be quick pointers and facts about the Kaiser
arbitration system that
would be of assistance for individuals going through this type of a
legal
situation. Unfortunately, there is very little to say
about Kaiser
arbitration that is positive. Like everything else Kaiser
related, it is set up only to help Kaiser and not the
patient. Oh, I
know what the rules say and I know what the government says but again
you have to consider that theory doesn't always work when it
comes to
the health care industry.
New
regulations
make it clear that ERISA plans may
not require
mandatory
arbitration - Read more at:
https://kaiserpapers.com/legalstuff/erisagov.html
"Kaiser broke California law by forcing patients into secret
arbitration
proceedings without fully and properly disclosing that they had given
up
their rights. Today's filing closes the door on the HMO's illegal
actions.
The unfair business competition law was the only tool I had to hold
Kaiser
accountable for its deception. With today's resolution of the case,
Kaiser
should take back the donation it made to the anti- patient initiative
and
stop its efforts to restrict patients' rights," said Yedalian.
Mandatory
arbitration is a private proceeding in which there is no public
record or judicial appeal, and arbitrators are often biased in favor of
the HMO. Kaiser failed to follow state law requiring the HMO to
disclose
to enrollees that they were giving up their right to go to court in
case
of a dispute. Because of this failure, a court found that the HMO's
arbitration
provision was not enforceable. Yedalian's suit forced Kaiser to
disclose
to patients considering a medical malpractice claim that they may not
be
bound to arbitration. After the document filed today is signed by the
court,
the action will be dismissed and the court will retain jurisdiction
over
the case to ensure that the settlement is enforced and Kaiser informs
patients
of their rights.
https://kaiserpapers.com/legalstuff/arbitrationnot.html
It is important that you get a copy of
your medical records immediately
if you are considering arbitration with Kaiser. Get them
before Medical Legal re-writes them!.
http://www.harp.org/recordmethod.htm
"They don't want to diagnose or
treat Lyme disease, because it is very costly to diagnose and treat.
Kaiser has a
system where you can't sue them if you are misdiagnosed, so it just
doesn't care."
http://www.sfgate.com/cgi-bin/article.cgi?f=/g/archive/2003/11/17/urbananimal.DTL
VOLUNTARY
HEALTH PLAN ARBITRATION ACT OF 2004
Initiative
Measure that we all have hoped would be Submitted Directly to the
Voters and related news article. Kaiser spent over $40,000.00
to
lobby against this bill before it ever made it to the petition stage as
per information from the California Secretary of State.
https://kaiserpapers.com/legalstuff/bluerib.html
Short
list of several
hundred arbitrations involving Kaiser Permanente in California
2003-2007 - This list is not a complete list. It does not
include
those that were settled out of court, switched over to a
mediation or similar matters. This list also does not include
plaintiffs that had no formal legal representation.
Arbitration
in California Managed Health
Care Systems
By
Marcus Nieto and Margaret Hosel
DECEMBER
2000
Report in original form
located at:
http://www.library.ca.gov/crb/00/09/00-009.pdf
California
Research Bureau - California State Library
https://kaiserpapers.com/legalstuff/arbitration.html
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