The Federal Trade Commission (FTC) has successfully brought its first case challenging fake paid product reviews, a banned practice called incentivized reviews, on an independent retail website.

Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue. 

Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has published a timely article titled “Expanding Access to Remedies Through E-Court Initiatives,” 67 Buffalo Law Review 89 (2019); University of Missouri School of Law Legal Studies Research Paper No. 2019-07. 

The United States Court of Appeals for the Fifth Circuit has ruled an insurance dispute related to an oil rig explosion should be sent to arbitration. 

by Holly Hayes The Austin-Ameircan Statesman reported this week Austin Regional Clinic (ARC) and Seton, two of the largest health care providers in Central Texas, are creating an “Accountable Care Organization (ACO), a collaboration of doctors, clinics and hospitals seeking to coordinate care so that patients receive more attention, especially patients with chronic conditions such as diabetes”. Since enactment of the 2010 federal health care law, Accountable Care Organizations have become one of the newest buzzwords in medical care. On Monday, U.S. Secretary of Health and Human Services Kathleen Sebelius announced the creation of 32 Pioneer Accountable Care Organizations around the country for Medicare patients. They could save up to $1.1 billion over five years, she said. The Seton/Austin Regional partnership, called the Seton Health Alliance, is one of two approved in Texas. The other is North Texas Specialty Physicians and includes doctors in Tarrant, Johnson and Parker counties. Dr. Norman Chenven, CEO and founder of Austin Regional Clinic, said communication between patients and health care providers is expected to improve under the arrangement. The system will use information technology to “make care more organized and more focused” on the individual, he said. “We will hire nurses and staff to contact each patient and go over what they need. … I think this is the way health care will be practiced in the future.” Atul Gawande, a surgeon at Boston’s Brigham and Women’s Hospital and a staff writer for The New Yorker has said, “The lesson of the high-quality, low-cost communities is that someone has to be accountable for the totality of care. Otherwise, you get a system that has no brakes.” As it relates to our practice of conflict engagement in healthcare, Joe Swedish, President and CEO of Trinity Health states, “The compelling point is that an ACO is not an entity, but rather a set of competencies and relationships that are foundational for transformation of care delivery.” Over the next few weeks, we will focus on the successful creation of the relationships that are the foundation of the ACO model. Technorati Tags: Healthcare Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.

The following bills relating to alternative dispute resolution and health care were introduced by the 82nd Texas legislative session. The last day of the regular session was Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. I. ADR Bills that Passed SB 1216 provides that a court “may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration.” Bill status. The bill analysis, as introduced, explains that: Where evidence can be produced demonstrating that a party was defrauded or forced into signing an arbitration clause, the courts refuse to compel arbitration. However, due to the questionable holding of the United States Supreme Court in Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 403-404 (1967), the foregoing is not true in cases where the arbitration clause is part of a larger contract. Under the holding of Prima Paint, if A holds a gun to B’s head and forces him to sign a contract with 15 terms, one of which is an arbitration agreement, the case will be referred to the arbitrator specified in the contract. The courts treat the contract as valid even though it was obtained at gunpoint. Worse, the issue of the contract’s validity must then be tried by the arbitrator specified by the invalid agreement, who is not likely to be impartial if B was enough of a bad actor to pull a gun on A in the first place. This is an illogical inversion of the entire theoretical underpinning of arbitration. If A did not agree to the entire contract, how can he be said to have agreed to a provision contained therein? A person who is tricked or forced into signing an arbitration agreement has not voluntarily surrendered his right to appear in court. SB 218 relates to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems. The bill would affect mediated agreements in family law cases. Bill status. SB 529 relates to the regulation of motor vehicle dealers, manufacturers, and distributors. The bill would require the board of the Texas Department of Motor Vehicles, in an action brought against a manufacturer or distributor by a franchised dealer whose franchise provides for arbitration, to order the parties to submit the dispute to mediation. Bill status. HB 1887 relates to tax administration of and procedures for property tax protests and appeals. The bill requires the district court, on motion by a party to an appeal, to enter an order requiring the parties to attend mediation and authorizes the court to enter an order requiring the parties to attend mediation on its own motion. Bill status. [UPDATE:] H.B. No. 1951 relates to the continuation and operation of the Texas Department of Insurance. The bill requires the Insurance Commissioner to develop and implement a policy that encourages the use of alternative dispute resolution. Bill status; analysis. II. Health Care Bills that Passed HB 300, the Texas Medical Privacy Act, relates to the privacy of protected health information; providing administrative, civil, and criminal penalties. The Act expands the protections mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Find the HRO Bill Analysis here. III. ADR Bills that Did not Pass HB 911 relates to the application of foreign laws and foreign forum selection in this state. The goal of HB 911 is to require a court in Texas to uphold and apply only the laws ordained by the constitutions and laws of the United States and the State of Texas with regard to family law matters, prohibiting any other interpretation by Texas courts. Bill status. Similar to HB 1240; bill status. HB 3087 relates to payment for services provided by certain physicians and health care providers to individuals covered by managed care plans. Bill status. HB 1150 relates to an affidavit required to be filed in a cause of action against a licensed attorney. Bill status. SB 562 relates to the waiver of sovereign immunity for certain claims arising under written contracts with state agencies. Bill status. HB 3794 relates to disputes under insurance policies. Bill status. HB 3444 relates to required disclosure for appointment of certain impartial third parties. Bill status. SB 1508 relates to the right of certain debtors to elect to mediate a dispute before the debt is accelerated or a contract lien on real property is foreclosed. Bill status. SB 1432 relates to the operation of the Texas Windstorm Insurance Association and to the resolution of certain disputes concerning claims made to that association. The bill would require in bold face type, a conspicuous notice concerning the mandatory arbitration of coverage and claim disputes. Bill status. Similar to HB 272; bill status. SB 1328 relates to optional dispute resolution methods for school districts and parents of students seeking or receiving special education services. Bill status. HB 3024 relates to the Fair Access to Insurance Requirements (FAIR) Plan. The bill would required a person who holds a policy issued by the association may not serve as an arbitrator or judge in an arbitration or judicial or administrative proceeding in which the association is a party. Bill status. Technorati Tags: arbitration, ADR, law