Chapter Title
51
PARTICIPATION TERMS AND CONDITIONS
Your Social Security number, and that of your enrolled family
members, is required for purposes of benet plan
administration, for nancial reporting, to verify your identity,
and for legally required reporting purposes all in compliance
with federal and state laws.
If you are conrmed as eligible for participation in UC-sponsored
plans, you are subject to the following terms and conditions:
ARBITRATION
With the exception of benets provided or administered by
Optum Behavioral Health, UC-sponsored medical plans require
resolution of disputes through arbitration.
With regard to each plan, except a Kaiser Foundation Health Plan,
by your written or electronic signature, IT IS UNDERSTOOD AND
YOU AGREE THAT ANY DISPUTE AS TO MEDICAL
MALPRACTICE — THAT IS, AS TO WHETHER ANY MEDICAL
SERVICES RENDERED UNDER THE CONTRACT WERE
UNNECESSARY OR UNAUTHORIZED OR WERE IMPROPERLY,
NEGLIGENTLY OR INCOMPETENTLY RENDERED — WILL BE
DETERMINED BY SUBMISSION TO ARBITRATION AS
PROVIDED BY CALIFORNIA LAW AND NOT BY A LAWSUIT OR
RESORT TO COURT PROCESS, EXCEPT AS CALIFORNIA LAW
PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION
PROCEEDINGS. BOTH PARTIES TO THE CONTRACT, BY
ENTERING INTO IT, ARE GIVING UP THEIR CONSTITUTIONAL
RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF
LAW BEFORE A JURY AND INSTEAD ARE ACCEPTING THE USE
OF ARBITRATION.
With regard to enrollment in a Kaiser Foundation Health Plan
(KFHP), I understand that (except for Small Claims Court cases,
claims subject to a Medicare appeals procedure or the ERISA
claims procedure regulation, and any other claims that cannot be
subject to binding arbitration under governing law) any dispute
between me, my heirs, relatives, or other associated parties on
the one hand and Kaiser Foundation Health Plan, Inc., any
contracted health care providers, administrators, or other
associated parties on the other hand, for alleged violation of any
duty arising out of or related to membership in KFHP, including
any claim for medical or hospital malpractice (a claim that
medical services were unnecessary or unauthorized or were
improperly, negligently, or incompetently rendered), for
premises liability, or relating to the coverage for, or delivery of,
services or items, irrespective of legal theory, must be decided
by binding arbitration under California law and not by lawsuit or
resort to court process, except as applicable law provides for
judicial review of arbitration proceedings. I agree to give up our
right to a jury trial and accept the use of binding arbitration. I
understand that the full arbitration provision is contained in the
Evidence of Coverage.
For more information about each plan’s arbitration provision
please see the appropriate plan booklet or call the plan.
• UC and UC health and welfare plan vendors comply with
federal/state regulations related to the privacy of personal/
condential information including the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) as
applicable. To fulll the responsibilities and perform the
service required under contracts with UC, health plans and
associated service vendors may share UC member health
information between and among each other within the limits
established by HIPAA and federal/state regulations for
purposes of health care operations, payment, and treatment.
• By making an election with your written or electronic
signature you are authorizing the University to take
deductions from your earnings (employees)/monthly
Retirement Plan income (retirees)/designated bank account
(direct payment retirees) to cover your contributions toward
the monthly costs (if any) for the plans you have chosen for
yourself and your eligible family members. You are also
authorizing UC to transmit your enrollment demographic data
to the plans in which you are enrolled.
• You are subject to all terms and conditions of the UC-
sponsored plans in which you are enrolled as stated in the
plan booklets and the University of California Group
Insurance Regulations.
• By enrolling individuals as your family members you are
certifying that those individuals are eligible for coverage
based on the denitions and rules specied in the University
of California Group Insurance Regulations and described in
UC health and welfare plan eligibility publications. You are
also certifying under penalty of perjury that all the
information you provide regarding the individuals you enroll is
true to the best of your knowledge.
• If you enroll individuals as your family members you must
provide, upon request, documentation verifying that those
individuals are eligible for coverage. The carrier may also
require documentation verifying eligibility. Verication
documentation includes, but is not limited to, marriage or
birth certicates, domestic partner verication, adoption
papers, tax records and the like.
• If your enrolled family member loses eligibility for UC-
sponsored coverage (for example because of divorce or loss of
eligible child status) you must notify UC by disenrolling that
individual. If you wish to make a permitted change in your
health or exible spending account coverage you must notify
UC within 31 days of the eligibility loss event; for purposes of
COBRA, eligibility loss notice must be provided to UC within
60 days of the family member’s loss of coverage. However,
regardless of the timing of notice to UC, coverage for the
ineligible family member will end on the last day of the month
Legal Notices
Legal Notications