Medeiros
Medeiros v. Superior Court
Opinion
Opinion
Johnson, J.
In this writ proceeding, petitioners Mary and Lee Medeiros (collectively, Medeiros) challenge the trial court’s order compelling them to arbitrate a dispute with their health insurer, real party in interest Health Net. Medeiros contends the arbitration provision at issue is unenforceable because it does not comply with the disclosure requirements set forth in Health and Safety Code section 1363.1. Health Net asserts, as a member of a group health plan negotiated between Health Net and Medeiros’s employer, Medeiros is not entitled to the protection of these disclosures. Moreover, Health Net argues the requirements of section 1363.1 do not apply to the “benefits election form” Medeiros signed and submitted to his employer in order to enroll in the group health plan. Health Net claims section 1363.l’s disclosure obligations would only have been triggered if it had required Medeiros to sign an “enrollment form” in order to enroll in the health plan. We reject Health Net’s contention consumers who enroll in a group health plan negotiated between their employer and the insurance company, and consumers who sign their employer’s benefits election form instead of an enrollment…