This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Health Care & Hospital Law

Mar. 29, 2024

State Supreme Court denies authority for arbitration in health care directives

The decision, which contradicts federal legislation and case law, could have significant implications for the healthcare industry.

An agent operating under an advance health care directive does not have the authority to enter into an arbitration agreement, California’s Supreme Court has confirmed, a finding with the potential to cause significant disruption to the healthcare industry.

The decision is in direct contradiction of federal legislation and case law, the defendant’s attorney said.

The unanimous decision, which upheld the findings ...

To continue reading, please subscribe.

Already a subscriber?

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)