American Arbitration Association
Information from the American Arbitration Association on healthcare disputes and arbitration.
Arbitration
and Medical Malpractice
An article entitled
"Medical Malpractice Disputes in the
Age of Managed Care".
Health
Care Disputes
An article entitled "ADR's Time Has Come for Resolving Healthcare
Disputes" by Robert V. Deiana.
Health Care Due Process Protocol
In 1998, the American Arbitration
Association, the American Bar Association and the American Medical
Association jointly released the Health Care Due Process Protocol to
serve as a framework for ensuring the fair and equitable resolution
of health care disputes using alternative dispute methods, including
arbitration. The full text of the Protocol can be found at the
American Arbitration Association's web site by
clicking
here.
A
Summary of the Recommendations are as follows:
| 1. |
Alternative dispute
resolution can and should be used to resolve disputes over
health care coverage and access arising out of the
relationship between patients and private health plans and
managed care organizations.
|
| 2. |
Alternative dispute
resolution can and should be used to resolve disputes over
health care coverage and access arising out of the
relationship between health care providers and private
health plans and managed care organizations.
|
| 3. |
In disputes involving
patients, binding forms of dispute resolution [such as
arbitration] should only be used where the parties agree to
do so after a dispute arises.
|
| 4. |
It is essential that due
process protections be afforded to all participants in the
alternate dispute resolution process.
|
| 5. |
Review of managed health
care decisions through alternative dispute resolution
complements the concept of internal review of determinations
made by private managed health care organizations.
|
Links
Types of Arbitration
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