Any health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the right to a jury trial shall include, in clear and understandable language, a disclosure that meets all of the following conditions:
(a)
The disclosure shall clearly state whether the plan uses binding arbitration to settle disputes, including specifically whether the plan uses binding arbitration to settle claims of medical malpractice.
(b)
The disclosure shall appear as a separate article in the agreement issued to the employer group or individual subscriber and shall be prominently displayed on the enrollment form signed by each subscriber or enrollee.
(c)
The disclosure shall clearly state whether the subscriber or enrollee is waiving his or her right to a jury trial for medical malpractice, other disputes relating to the delivery of service under the plan, or both, and shall be substantially expressed in the wording provided in subdivision (a) of Section 1295 of the Code of Civil Procedure.
(d)
In any contract or enrollment agreement for a health care service plan, the disclosure required by this section shall be displayed immediately before the signature line provided for the representative of the group contracting with a health care service plan and immediately before the signature line provided for the individual enrolling in the health care service plan.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1997–2024 · leading case:
ZEMBSCH v. Superior Court, 53 Cal. Rptr. 3d 69 (Cal. Ct. App. 2007).
ZEMBSCH v. Superior Court, 53 Cal. Rptr. 3d 69 (Cal. Ct. App. 2007).
“1 Health and Safety Code section 1363.1 provides in pertinent part: “Any health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the right to a jury trial shall include, in clear and…”
Ortega v. Topa Ins., 206 Cal. App. 4th 463 (Cal. Ct. App. 2012).
“1 states, in pertinent part: “Any health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the right to a jury trial shall include, in clear and understandable language, a disclosure that…”
Wolitarsky v. Blue Cross of California, 97 Cal. Daily Op. Serv. 1718 (Cal. Ct. App. 1997).
“Health and Safety Code section 1363.1 The Wolitarskys argue that arbitration should not be compelled because the policy does not comply with Health and Safety Code section 1363.”
Perez v. Kaiser Found. Health Plan (Cal. Ct. App. 2023).
· cites it 2× “) 7 The Perezes initially assert the disclosure was “not written in the clear and understandable language required by [Health and Safety Code section 1363.1].” We consider an attack on the language of the disclosure to be forfeited for failure to offer reasoned argument.”
Redlich v. Reliance Mgmt. Grp. CA1/1 (Cal. Ct. App. 2015).
· cites it 3× “This latter statute lacks the detailed font size requirements of section 7191 and does not mention initialing, but it does mandate that an arbitration provision be “prominently displayed,” appear in a separate article in the contract, appear just above the contract signature…”
Loucks v. Kaiser Found. Hospitals (N.D. Cal. 2020).
“17 In response, Plaintiffs first contend that Kaiser’s arbitration agreement does not comply 18 with California Health and Safety Code Section 1363.”
Exceen v. PlushCare, Inc. (M.D. Fla. 2024).
“Aetna Health Plans, California’s Second District Court of Appeal discussed California Health and Safety Code § 1363.”
Mabudian v. Beaver Med. Grp. CA4/1 (Cal. Ct. App. 2024).
“We conclude that BMG has not met its burden of proving that the alleged arbitration agreement between Cody and Anthem complies with Health and Safety Code section 1363.1 (section 1363.”
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