In the event you are
planning on contacting any
malpractice, negligence, wrongful death or anything non emergency
Gather your medical records - Order them
immediately from Kaiser
your states request for medical records procedures.
and sample forms are at: http://www.harp.org/recordmethod.htm
Do not tell Kaiser or let them know what your
intentions are. You
may be taking a chance of having your medical records altered by Kaiser
Medical Legal Department before you receive them if you do.
Calmly and with as little emotion as possible
write out a concise
of what took place. If possible also write out a
Your first question to any attorney should
be: Do you or have you
ever represented an HMO? If the answer is yes then ask
about the attorney's involvement with the HMO to satisfy yourself that
if you hire him/her you will feel comfortable with the arrangement.
Realize that all victims of the Kaiser system
feel that their case is
and will be the one that will make change. The truth is that
by having all cases made public will any change be made. The
arbitration system will not as a rule make this information available
the general public.
To Survive A Kaiser Arbitration. This page is not well
but it certainly presents the truth. Make sure you go into
open eyes. A Kaiser Arbitration costs more money than a
court proceeding. Whether the client foots the bill or the
initially it is rare to do much more than recoup your
justice in this form of legal proceeding is rare. No one can
back your health or a loved one's life. This is a closed
that probably will never see the light of day - realize that from the
The hardest part as a victim of
medical negligence or malpractice
or as a survivor of a loved one wrongfully killed is being told that a
persons financial worth is based upon their potential earning
If you are very young and die or if you are elderly that is not very
money. It is not fair nor is it morally correct but it is
law says and none of us can do anything about that.
The following is
extremely important as Kaiser hopes that you will not
learn about it.
A Calif. appellate
court has ruled
that a mandatory arbitration agreement is not binding on adult children
death of a
case is Buchner
Calif. 2d Appellate Distr. #B149385
WILL be bound by
agreement to arbitrate?
an agent can bind
spouses can bind
a parent can bind
a Minor child.
you have Kaiser
through your employer, it is an ERISA plan, and effective January 1 of
this year, 2003, you cannot be forced into arbitration.
Government at all
levels and Church
employees are not subject to ERISA.
regulations make it clear
that ERISA plans may not require mandatory arbitration.
Kaiser is likely to ignore these regulations and refer
that require arbitration, so it is important that you be very clear
your ERISA rights so that you can enforce
The Department of
Labor can clarify
any questions about under ERISA plans. Their hotline is
is 29 CFR 2560.503-1:
(c) Group health
of a group
health plan will be deemed to be reasonable only if, in addition to
with the requirements of paragraph (b) of this section-
(4) The claims
procedures do not contain any provision for the mandatory arbitration
adverse benefit determinations, except to the extent that the plan or
(i) The arbitration is conducted as one of the two appeals described in
paragraph (c)(2) of this section and in accordance with the
(ii) The claimant is not precluded from challenging the decision under
section 502(a) of the Act or other applicable law.