Arbitration Agreements in Health Care: Myths and Reality
نویسندگان
چکیده
This comment, offered by one well-positioned respondent to the study on which this article is based, reflects the widespread belief that alternative dispute resolution methods, particularly mandatory binding arbitration agreements, have become the rule in health care delivery. This apparent trend has spurred vigorous debate about the merits of using such agreements. Our study is an effort to ascertain how widespread mandatory arbitration agreements between health plans and providers and their enrollees and patients really are, to assess how decisions regarding their use are made, and to evaluate the prospects of their future use. We found, contrary to popular belief, that arbitration agreements are not used widely in the medical setting, and, where they are used, it is typically because organizational policy explicitly directs their use.
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