Kaiser Permanente is attempting to compel arbitration in the Arce vs. Kaiser autism lawsuit. Why? Because arbitration is a closed proceeding that is rigged in KP’s favor, of course! We don’t know what this would mean for the class action portion of the case, but hopefully someone with a more brilliant legal mind than ours will explain in the comments.
Warning, these are large PDF files:
- Notice of Hearing and Petition to Compel Arbitration of Kaiser Foundation Health Plan, Inc.
- Notice of Demurrer and Demurrer of Kaiser Foundation Health Plan, Inc. to First Amended Complaint’s Inarbitrable Class Claims
- Request for Judicial Notice in Support of Kaiser Foundation Health Plan, Inc’s Demurrer to Non-Arbitrable UCL Injunctive Relief Claims
What we would really like to see is a lawsuit questioning the legality of forced mandatory binding arbitration, and legislation expressly prohibiting corporations from compelling consumers to arbitrate. Why should individuals be bound involuntarily to a legal ‘remedy’ that most corporations wouldn’t agree to themselves?
According to GiveMeBackMyRights.com’s FAQ :
Do companies use binding mandatory arbitration in their own disputes with other companies?
No, most refuse to use binding mandatory arbitration in their own business dealings. As a matter of fact, car dealers were so afraid of mandatory arbitration for their own disagreements that they spent millions lobbying Congressmen and Senators to pass a federal law that prohibits automobile manufacturers from requiring binding mandatory arbitration in disputes related to dealership franchise clauses. The law passed in 2002.
The United States of America: Government of the Corporations, by the Corporations, for the Corporations…
Previously:
California attorney seeking plaintiffs for autism class action
LA Times covers Kaiser’s refusal to pay for autism treatment
Kaiser Thrive Exposed would like to personally thank Dr. Geoff Galbraith - Kaiser Permanente Care Management Institute board member; and Vice President, Hawaii Permanente Medical Group, Quality Improvement Management - for inspiring us to create this website. Did we make it into the top 5?
I also noticed that Kaiser hired a national law firm to represent them. Is this a sign of desperation? Why will they need so many attorneys to fight a 2-year-old child represented by just one attorney?
The legal system is only for those who can afford legal representation1
“Why will they need so many attorneys to fight a 2-year-old child represented by just one attorney?”
GOOD QUESTION.
KP only pinches pennies when providing medical care for members. Money is suddenly no object when protecting its butt legally.
How True!
This will be an epic case for Kaiser, simply because if they lose (and if justice is served, they will), it will open the flood gates of them having to spend money to actually treat.
But victory for the good side as bittersweet. If Kaiser loses, then there is an easy remedy for them - simply don’t diagnose a child as autistic, especially borderline cases. This is a well-known tactic of Kaiser - don’t diagnose even though it is obvious what the malady is.
The other alternative is to pull a Kaiser and give the diagnosis, but don’t treat the malady accordingly.
I haven’t been a proponent of Universal Healthcare in the past, but one would think that it would eliminate this completely inhumane treatment as the incentive to not treat to save money would mostly disappear. (Not intending to hijack this post for a UHC vote, just thought I’d make the point. Please remove this paragraph if you’d like.)
May this case land in the court of a judge who actually cares about justice.
I hate to be a naysayer but unfortunately the play for justice is going to be played out in good ol kaiserfornia.
Take it from one who is experiencing it personally, I’m not quite sure if they know what the word “justice” means in kaiserfornia.
Afterall, the fact that kaiser runs a business by witholding care and continues to run a business by witholding care and gets away with it time after time after time, this is incredibly unjust and inhumane.
“The other alternative is to pull a Kaiser and give the diagnosis, but don’t treat the malady accordingly.”
Kaiser is already doing that, diagnosing, but not treating.
“May this case land in the court of a judge who actually cares about justice.”
AMEN!!!
The powers that be in our government leadership have stopped paying for botched procedures … the next logical thing would be for them to actually realize that “disability” pays for the damages caused patients by bad/botched care … the next logical step might be to stop paying for things that are promised by health insurance carriers. Really, how expensive would this child’s care be if Kaiser actually contracted with the proper partners and had a real interest in science and research instead of funding feel good affirmation studies. I suppose now if your father works for an engineering firm you might not qualify for Kaiser insurance because the actuaries in Oakland have determined that you might fall into a statistical subset of having high risk babies. And then, Hell, if you are a “high risk baby”, you have no business being born at Kaiser anyhow and that is yet another story …
I had to laugh the other day when I thought about Kaiser, as my employer and an advertiser, wanting to keep patients from craddle to grave as a good business model. The fine print is, of course, if you are costly to them from birth, and more so when you don’t back down when they don’t want to give you the care, time, or treament that you deserve - oh, and have paid for. I hope that the Arce Family are legal trail blazers and I, personally, hope to enjoy the bonfire and throw some kindling on it myself and for everyone.
IMO, the only reason that Kaiser lawyers don’t handle these type things is because they are so deep into “it” that they can’t and I will have more to say on that later.
Kind of funny, but I just read in The New Yolk Time that Arnold and Porter LLP, Kaiser’s high power attorneys, do offer autism coverage in their health plan for their employees.
Here is the link:
http://www.nytimes.com/2004/12/21/business/21autism.html?_r=1&pagewanted=print&position=&oref=slogin
Now that is something!
Kaiser doesn’t always win regarding their arbitration clauses.
Here is the decision regarding the Burks vs. Kaiser. This was in regards to Kaiser’s kidney transplant debacle.
http://caselaw.lp.findlaw.com/data2/californiastatecases/c054374.doc
What about the other hospitals?
What’s with the gripe with Kaiser?
What’s with the silly questions?
The site is about Kaiser, not “other hospitals”, and the gripe should be obvious if you spent more than two minutes reading the site, which you didn’t (yes, I can tell).
Since you accessed via a Google search for “quality improvement kaiser san diego” I’m guessing you work for Kaiser and know exactly what the gripe is, but thanks for playing.
Hot off the press! Kaiser suffered an stinging defeat in Superior Court. Kaiser was unsuccessful in their attempt to compel arbitration. This means that if Kaiser doesn’t settle, it would have to face the jury.
Let’s hope that the family is stronger than they realize, and don’t settle but that’s selfish on my part. This is a fantastic legal and moral victory and the Arce family deserves our support regardless of what they decide to do. I think that it is wonderful that this child and his parents have done the near impossible already. As my boys say, “You rock!” I am looking forward to finding-out more about this case and I wish the family nothing but the best as they go forward.
The Arce’s Rock! Yeah, you go, we’re pulling for you!