Attorney General No.

SA2003RF0028

Secretary of State No.

998

Description

ARBITRA TION. HEALTH CARE DISPUTES. INITIATIVE STATUTE. Prohibits health care service plans from requiring alternative dispute resolution as a condition of enrollment, and permits voluntary participation only after written disclosure signed by each enrollee. Requires Department of Managed Health Care to establish panel of arbitrators, and randomly assign arbitrator to each case. Permits judicial appeal of arbitrator's decisions. Requires plans to submit reports to Department regarding completed arbitrations, litigation, and settlements, and maintain records for five years. Unless otherwise confidential, Department must make the records public on Internet and available at Department. Provisions also apply to health and disability insurance contracts. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased administrative costs to DMHC of up to $21 0,000 (one-time) and $250,000 (ongoing). Unknown increase in state and local government costs to the extent that enrollees in various health insurance products use litigation, instead of binding arbitration to resolve disputes with their health insurers.

Proponents

Charles Phillips, MD, 2216 E. Los Altos Avenue, Fresno, CA 93710, (559) 322-1446

Date

9-3-2003

Document Type

Initiative

Qualified

Failed to Qualify

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