Colorado Permanente Medical Group

Colorado Permanente Medical Group

Susan Evans (Evans) brought a medical malpractice and wrongful death suit arising out of the death of her husband, Michael Evans (decedent), against Kaiser Foundation Health Plan (Kaiser),*fn1 Colorado Permanente Medical Group (CPMG),*fn2 Dr. David Guidot, and several Kaiser employees. The threshold issue presented to us by certiorari*fn3 is whether the arbitration clause in the Kaiser Permanente Group Medical and Hospital Service Agreement (Kaiser Agreement) was unenforceable under section 13-64-403, 6A C.R.S. (1996 Supp.), of the Health Care Availability Act (HCAA).*fn4 We hold, consistent with the court of appeals decision in Evans v. Colorado Permanente Medical Group, P.C., 902 P.2d 867 (Colo. App. 1995), that the HCAA does apply to the Kaiser Agreement; that the Kaiser Agreement did not comport with the requirements of section 13-64-403; and therefore that the arbitration clause was not enforceable.*fn5

Colorado Permanente Medical Group

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