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Disclosures about OIA Relationships
with Parties, Lawyers, and Neutral Arbitrators This page
provides information required to be disclosed by Standard 8 (b) (1)
and 8 (c) of the Ethics Standards. It will be updated as needed.
- The Law Offices of Sharon Oxborough ("LOSO") does not
have a financial interest in any party. The Office of the
Independent Administrator ("OIA") is contained within
the LOSO.
No party, lawyer in the arbitration, or law
firm with which a lawyer in the arbitration is currently associated is
a member of or has a financial interest in the LOSO.
No party, lawyer in the arbitration, or law
firm with which a lawyer in the arbitration is currently associated
has given a gift, bequest, or favor to the LOSO.
Sharon Oxborough has a contract with the
Kaiser Foundation Health Plan Arbitration Oversight Board to
independently administer the mandatory arbitration of disputes between
Kaiser Permanente and its members, beginning March 29, 2003.
(Prior to that, the Law Offices of Sharon Lybeck Hartmann had a
contract to act as the OIA.)
The Arbitration Oversight Board is an
unincorporated association, funded by a trust that was established by
Kaiser Permanente. The Arbitration Oversight Board consists of thirteen
individuals, and is chaired by David Werdegar, M.D., Professor of
Family of Community Medicine, Emeritus, UCSF School of Medicine, and
vice-chaired by Cornelius L. Hopper, M.D., Vice President for Health
Affairs, Emeritus, University of California System. According to its bylaws,
no more than four members may be Kaiser-affiliated. The Arbitration
Oversight Board was created to ensure that the OIA would be
independent from Kaiser Permanente.
- The LOSO has no financial relationship with any person in its
pool of possible neutral arbitrators.
Arbitrators are recruited and added to the
pool continuously. Arbitrators who wish to be added to the pool of
possible arbitrators complete and submit an
application.
The OIA, acting alone, reviews the applications and selects
arbitrators for its pool based upon the
published qualifications
which are posted on the internet. Any individual who applies will
either be admitted to the panel or cited to the specific qualification
which the person failed to meet and given an opportunity to show that
he or she actually meets the requirement. The OIA provides arbitrators
in its pool with information about new statutory and regulatory
requirements regarding consumer and health care arbitration, such as
the Ethics Standards.
Neutral arbitrators are selected for a
specific case in the following way. The List of Possible Arbitrators
given to the parties in any given case contains twelve names and is
generated randomly through a computer program. The names are drawn
from the OIA’s three geographic pools of possible arbitrators –
Northern California, Southern California, and San Diego. When the OIA
sends a list to the parties, it is accompanied by background
information about the arbitrators named on the list, as well as copies
of prior awards and anonymous party evaluations the OIA has
received for the arbitrators. The parties in a case may, within the
confines of the Ethics Standards and OIA Rules, jointly select any
neutral arbitrator. If they do not, the OIA uses the lists that the parties return
to determine which neutral arbitrator the parties have selected.
Each side may strike up to four names and rank the remaining names. That
selection is still subject to California's statutory disclosure
and disqualification procedure.
If the OIA receives a party’s timely notice
of disqualification following the statutory disclosure by a neutral
arbitrator, or following the failure of a neutral arbitrator to send
such a disclosure, the neutral arbitrator is disqualified and another
neutral arbitrator is selected pursuant to OIA Rules.
The OIA complies with any court orders
addressing either appointment or disqualification of neutral
arbitrators. |