In
Copyright Since September 11,
2000
This
web site is
in no manner
affiliated with any Kaiser entity and the for profit Permanente
Permission
is granted to mirror this web site -
Please acknowledge where the material was obtained.
| ABOUT US |
CONTACT
|
MCRC |
kaiserpapers.com/legalstuff/
New regulations make it clear that ERISA
plans
may not require mandatory arbitration. However, Kaiser is
likely
to ignore these regulations and refer to the contractual provisions
that
require arbitration, so it is important that you be very clear about
your
ERISA rights so that you can enforce
them.
If you have Kaiser insurance through your employer, it is an ERISA plan,and effective January 1 of this year, 2003, you cannot be forced into arbitration.
The Department of Labor can clarify any questions about under ERISA plans. Their hotline is 866-275-7922
The specific regulation section is 29 CFR 2560.503-1:
(c) Group health plans. The claims procedures of a group health plan will be deemed to be reasonable only if, in addition to complying with the requirements of paragraph (b) of this section- . . . (4) The claims procedures do not contain any provision for the mandatory arbitration of adverse benefit determinations, except to the extent that the plan or procedures provide that: (i) The arbitration is conducted as one of the two appeals described in paragraph (c)(2) of this section and in accordance with the requirements applicable to such appeals; and (ii) The claimant is not precluded from challenging the decision under section 502(a) of the Act or other applicable law.