Malek v. Blue Cross of California

Opinion

CROSKEY, J.

In this appeal, we must determine the consequences of failing to comply with the arbitration disclosure requirements of Health & Safety Code section 1363.1. That statute requires health care service plans to disclose in clear and understandable language, appearing “as a separate article” and “prominently displayed on the enrollment form” “immediately before the signature line” that the plan requires binding arbitration of any dispute, and that both parties are giving up their constitutional right to have the dispute decided in a court of law. Blue Cross’s enrollment form…