Our recent Health Care Contract being offered at work includes this clause. Isn't impossible to sign away constitutional rights? Its much akin to bonded labour ?
I AGREE AND UNDERSTAND THAT ANY AND ALL DISPUTES, INCLUDING CLAIMS RELATING TO THE DELIVERY OF SERVICES
UNDER THE PLAN AND CLAIMS OF MEDICAL MALPRACTICE (THAT IS, AS TO WHETHER ANY MEDICAL SERVICES RENDERED
UNDER THE HEALTH PLAN WERE UNNECESSARY OR UNAUTHORIZED OR WERE IMPROPERLY, NEGLIGENTLY OR
INCOMPETENTLY RENDERED), EXCEPT FOR CLAIMS SUBJECT TO ERISA, BETWEEN MYSELF AND MY DEPENDENTS
ENROLLED IN THE PLAN (INCLUDING ANY HEIRS OR ASSIGNS) AND PACIFICARE OF CALIFORNIA, UNITEDHEALTHCARE OR
ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, SHALL BE DETERMINED BY SUBMISSION TO BINDING ARBITRATION.
ANY SUCH DISPUTE WILL NOT BE RESOLVED BY A LAWSUIT OR RESORT TO COURT PROCESS, EXCEPT AS THE FEDERAL
ARBITRATION ACT PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. ALL PARTIES TO THIS AGREEMENT
ARE GIVING UP THEIR CONSTITUTIONAL RIGHTS TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A
JURY, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION.
To one of the responses:
The choice of to-sign or not-to-sign is a false choice. I have to sign it if I want health insurance.
WRG
No because of this line, "EXCEPT AS THE FEDERAL ARBITRATION ACT PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS." The Federal Arbitration Act protects certain rights to the point where they such a clause doesn't violate the constitution.
Snarkus Maximus
You're agreeing to go to arbitration instead of filing a lawsuit. This is entirely legal and the practice is very well-established. If you do not want to agree to the terms of this health care contract you do not have to sign it. It is being offered, not required, so it does not come anywhere close to bonded labor.
Quizzard
This is a voluntary choice on your part, and is authorized by the Federal Arbitration Act, which provides for such a voluntary choice.
Perfectly legal and proper.
Orignal From: Is a binding arbitration signing away constitutional rights rally valid ?
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