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Naria v. Trover Solutions, Inc.

United States District Court, N.D. California

August 23, 2013

BIPINKUMAR NARIA, Individually and on behalf of a similarly situated class of individuals, Plaintiff,
v.
TROVER SOLUTIONS, INC., HEALTHCARE RECOVERIES, INC., and HEALTHCARE RECOVERIES, A division of Trover Solutions, Inc, Defendants

Page 1333

For Bipinkumar Naria, individually and on behalf of a similarly situated class of individuals, Plaintiff: Clifford Lee Carter, LEAD ATTORNEY, Clayeo C. Arnold, A Professional Law Corporation, Sacramento, CA; Kirk J. Wolden, LEAD ATTORNEY, Carter Wolden Curtis, LLP, Sacramento, CA.

For Trover Solutions, Inc., Healthcare Recoveries, Inc., Healthcare Recoveries, a division of Trover Solutions, Inc., Defendants: Stephanie Anne Sheridan, Esq., LEAD ATTORNEY, Sedgwick Detert Moran & Arnold, San Francisco, CA.

OPINION

Page 1334

ORDER RE MOTION TO COMPEL ARBITRATION AND STAY

WILLIAM ALSUP, UNITED STATES DISTRICT JUDGE.

INTRODUCTION

In this putative class action, defendants move to compel arbitration and stay this action. For the following reasons, defendants' motion to compel arbitration and to stay is Granted.

STATEMENT

This action concerns plaintiff Bipinkumar Naria's claim under California's Confidentiality of Medical Information Act (" CMIA" ). Cal. Civ. Code § 56.20. Defendant Trover Solutions, Inc. is the parent corporation of defendants Healthcare Recoveries and Healthcare Recoveries, Inc., two companies that the complaint alleges are the same (Compl. ¶ 2).

In January 2008, plaintiff changed his health insurance to the Kaiser Foundation Health Plan, Inc. (Abad Decl. Exh. C). Upon plaintiff's enrollment, Kaiser provided him with a copy of its Individual Plan Membership Agreement and Disclosure Form and Evidence of Coverage for Kaiser Permanente for Individuals and Families ( id. ¶ 4). The membership agreement includes an arbitration provision ( id. Exh. A at 53-54):

Scope of arbitration

Any dispute shall be submitted to binding arbitration if all of the following requirements are met:
The claim arises from or is related to an alleged violation of any duty incident to or arising out of or relating to this Membership Agreement and Evidence of Coverage or a Member Party's relationship to Kaiser Foundation Health Plan, Inc. (Health Plan), including any claim for medical or hospital malpractice (a

Page 1335

claim that medical services or items 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 the legal theories upon which the claim is asserted
The claim is asserted by one or more Member Parties against one or more Kaiser Permanente Parties or by one or more Kaiser Permanente Parties against one or more Member Parties . . . .

The membership agreement defines " Kaiser Permanente Parties" as including Kaiser and several related entities, as well as " [a]ny employee or agent of any of the foregoing" ( id. at 54). Additionally, the agreement addresses Kaiser's privacy practices, referencing Kaiser's Notice of Privacy Practices for more detail ( id. at 60.) Specifically, the notice explains the limited situations in which Kaiser may disclose ...


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