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 ...