Section 1363.1 Of Article 4. Solicitation And Enrollment From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 4.
1363.1
. 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.