ZEMBSCH

Petitioners Mark and Kimberly Zembsch seek writ review of an order compelling them to arbitrate their claims against their health insurance provider, Health Net of California, Inc., and Alta Bates Medical Group, the physician group that provides medical care to the Zembsch family. In the published part of our opinion, we hold that writ review is appropriate and grant the petition for writ of mandate. We address whether the Health Net enrollment form signed by Mark Zembsch complied with Health and Safety Code section 1363.1, subdivision (b). That statute requires health care service plans that require binding arbitration to settle disputes to provide a disclosure of arbitration that is “prominently displayed on the enrollment form signed by each subscriber or enrollee.” (Health & Saf. Code, § 1363.1, subd. (b).) We hold that the enrollment form does not comply with the statutory requirement that the arbitration disclosure be “prominently displayed.” Noncompliance with the statute renders any arbitration agreement between Health Net and the Zembschs unenforceable.

In the unpublished part of our opinion, we consider whether Health Net met its burden of proving the existence…