Erickson v. Aetna Health Plans of California, Inc.

*649Opinion

RICHLI, J.

Aetna Health Plans of California, Inc., appeals from the denial of its motion to compel arbitration of claims arising from its alleged failure to provide timely cancer treatment to Donald Erickson under Aetna’s Medicare coverage plan. We conclude that: (1) although Aetna’s arbitration provision failed to comply with Health and Safety Code section 1363.1, that statute is preempted by the Federal Arbitration Act; and (2) the arbitration provision is not otherwise invalid under general principles of law. Accordingly, we reverse.

I

Factual and Procedural Background

Aetna is a…