BINDING ARBITRATION
Your coverage requires binding arbitration of certain disputes. If you are seeking damages for any claim for money damages over $3,500, you, your heirs or personal representatives must submit your claim to arbitration.
Medical Malpractice Claims
. It is understood that any claim of medical malpractice, including any claim that medical services were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered or omitted, will be determined by submission to binding arbitration in accordance with the provisions of the "Uniform Arbitration Act of 1975", part 2 of article 22 of title 13, Colorado Revised Statutes, and not by a lawsuit or resort to court process except as Colorado law provides for judicial review of arbitration proceedings. You have the right to seek legal counsel concerning your agreement to arbitrate medical malpractice claims, and have the right to rescind your agreement to arbitrate medical malpractice claims by written notice to Health Plan within 90 days after enrollment in the Health Plan, unless the enrollment form was signed in contemplation of your being hospitalized, in which case your agreement to arbitrate medical malpractice claims may be rescinded by written notice to Health Plan within 90 days after release or discharge from the hospital or other health care institution. When you enroll in Kaiser Permanente, you agree to the use of binding arbitration in lieu of having any such dispute decided in a court of law before a jury.
All Other Claims
. Any claim arising from alleged violation of a duty incident to the Service Agreement, irrespective of the basis for the duty or of the legal theories upon which the claim is asserted, shall be submitted to binding arbitration. Upon request, a Customer Service Representative will provide you more information.