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KAISER AND FOR PROFIT PERMANENTE  LEGAL AND ARBITRATION INFORMATION

Article Index Arbitration Collection
Questions regarding Kaiser legal matters should be addressed to:

Dr. Harvey Frey at:
hsfrey@harp.org

http://www.harp.org

The Blue Ribbon Advisory Panel on Kaiser Permanente Arbitration

How to Survive A Kaiser Mandatory Binding Arbitration

New regulations make it clear that ERISA plans may not require mandatory  arbitration

It is important that you get a copy of your medical records immediately if you are considering arbitration with Kaiser.

Office of the Independent Administrator for Kaiser Arbitrations in California - Here you will be able to locate the rules relevant to filing an arbitration against Kaiser.

Here is an OIA list of arbitrations and the arbitrators involved from the Office of the Independent Administrator

The California Department of Managed Health Care (DMHC) also maintains somewhat of a list of arbitration actions.

A listing of consumer Kaiser arbitrations that JAMS was involved in.  there is quite a bit of information in this section.

Pursuant to Section 1281.96
of the California Code of Civil Procedure, JAMS provides information regarding consumer arbitrations administered in California. This information includes, among other things, the name of the non-consumer party, the result of the consumer arbitration and the number of past arbitrations and mediations JAMS has had with the non-consumer party beginning with the January 1, 2003 commencement date. The first report was made available April 1, 2003 for the preceding quarter and the website will be updated quarterly thereafter.

Pursuant to Standard 8(b)(1) of the California Judicial Council Standards of Ethics for Arbitrators in Commercial Arbitrations, consumer arbitration institutional disclosures are available for cases involving Kaiser Permanente and Related Entities.

...Kaiser has a system where you can't sue them if you are misdiagnosed, so it just doesn't care.

Kaiser Arbitration May Be Unenforceable, Says Unfair Business Competition Case Finalized Today 3/17/2004 1:11:00 PM 

VOLUNTARY HEALTH PLAN ARBITRATION ACT OF 2004

Short list of several hundred arbitrations involving Kaiser Permanente in California 2003-2007

Arbitration in California Managed Health Care Systems
By Marcus Nieto and Margaret Hosel
DECEMBER 2000
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.  
http://legalstuff.kaiserpapers.org/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 
http://legalstuff.kaiserpapers.org/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: 
http://legalstuff.kaiserpapers.org/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.
http://legalstuff.kaiserpapers.org/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.
http://legalstuff.kaiserpapers.org/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
http://legalstuff.kaiserpapers.org/arbitration.html


 
























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