State Addendum: Ohio
This State Addendum is incorporated into the Parsley Medical Direct Health Care Program Membership Agreement (the “Agreement”) entered into between Parsley Medical and the undersigned Member.
The undersigned Ohio Member acknowledges, understands and agrees to the following:
1. Member is receiving services within the State of Ohio.
2. Parsley Medical Group FL, P.A. is the Parsley Medical Practice that provides services to Members in the State of Ohio.
3. All capitalized terms not otherwise defined in this Addendum shall have the meanings set forth in the Agreement.
4. Should any conflict arise between the provisions of this Addendum and the Agreement, this Addendum shall control.
5. The following provisions apply to the services rendered in Ohio.
A. Governing Law. The Agreement, as it applies to the provision of services subject to this State Addendum, shall be governed by the laws of the State of Ohio.
B. Direct Primary Care. The Agreement is intended to adhere to Ohio’s direct primary care law at Ohio Rev. Code § 3901.95. Accordingly, the Member acknowledges, understands and agrees to the following:
1. Not Health Insurance. The Agreement is not health insurance, is not subject to Ohio insurance laws and does not meet any individual health benefit plan mandate that may be required by federal law.
2. Termination. Either party may terminate this agreement by providing advance written notice to the other party as set forth in the Agreement. Notwithstanding, such notice shall never exceed 60 days.
Health Care Arbitration Agreement: OHIO
This Health Care Arbitration Agreement (the “Arbitration Agreement”) is incorporated into the Parsley Medical Direct Health Care Program Membership Agreement (the “Agreement”) entered into between Parsley Medical and the undersigned Member.
The undersigned Ohio Member acknowledges, understands and agrees to the following:
A. Definitions. All capitalized terms not otherwise defined in this Arbitration Agreement shall have the meanings set forth in the Agreement.
B. Important Notice Regarding this Arbitration Agreement. Arbitration does not limit or affect the legal claims Member may bring against Parsley Medical. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by an arbitration panel selected by the parties using the process set forth herein. THIS ARBITRATION AGREEMENT WILL REQUIRE MEMBER TO RESOLVE ANY CLAIM THAT MEMBER MAY HAVE AGAINST PARSLEY MEDICAL ON AN INDIVIDUAL BASIS PURSUANT TO THE TERMS OF THE AGREEMENT. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THIS ARBITRATION AGREEMENT WILL PRECLUDE MEMBER FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST PARSLEY MEDICAL; AND ALSO PRECLUDES MEMBER FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST PARSLEY MEDICAL BY SOMEONE ELSE. The mere existence of such class, collective, and/or representative lawsuits, however, does not mean that such lawsuits will ultimately succeed. By agreeing to arbitration with Parsley Medical, Member is agreeing in advance that Member will not participate in and therefore will not seek to recover monetary or other relief under such class, collective, and/or representative lawsuit (except as may be prohibited by applicable law). Member will not be precluded from bringing claims against Parsley Medical in an individual arbitration proceeding. If successful on such claims, Member could be awarded money or other relief by an arbitrator.
C. How This Arbitration Agreement Applies. In the event of any Covered Dispute arising out of the diagnosis, treatment or care of Member by Parsley Medical, the Covered Dispute shall be submitted to binding arbitration. This Arbitration Agreement applies to any Covered Dispute (as defined in sub-section 3 below) and survives after the Agreement terminates. Nothing contained in this Arbitration Agreement shall be construed to prevent or excuse Member from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Agreement is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Covered Disputes or any other disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. THIS ARBITRATION AGREEMENT REQUIRES ALL SUCH DISPUTES TO BE RESOLVED ONLY BY AN ARBITRATION PANEL THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND NOT BY WAY OF COURT OR JURY TRIAL, OR BY WAY OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW). SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION AGREEMENT, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THIS ARBITRATION AGREEMENT OR ANY PORTION OF THIS ARBITRATION AGREEMENT. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATION PANEL, AND NOT BY A COURT OR JUDGE.
D. Covered Disputes. Except as it otherwise provided herein, this Arbitration Agreement applies, without limitation, to all “Covered Disputes,” defined as follows: disputes arising out of or related to this Agreement and disputes arising out of or related to Member’s relationship with Parsley Medical, including termination of the relationship; claims based on any purported breach of contract, including breach of the covenant of good faith and fair dealing; claims based on any purported breach of duty arising in tort, including alleged violations of public policy and for emotional distress; claims of negligence; claims of defamation; claims of medical malpractice, including but not limited to any dispute relating to whether any medical services rendered in connection with this Agreement were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered; and claims relating in any manner to Parsley Medical’s Direct Health Care Program. Covered Disputes also include, without limitation, disputes regarding unfair competition, harassment, and claims arising under the Civil Rights Act of 1964, Americans With Disabilities Act, Genetic Information Non-Discrimination Act, the and all similar state laws or any other statutory or common law scheme prohibiting, among other things, discrimination or harassment because of race, color, age, religious creed, national origin, ancestry, disability, sexual orientation, gender identity and sex, and all other similar federal and state statutory and common law claims. This Agreement is intended to require arbitration of every Covered Dispute, claim or other dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of the Agreement are expressly excluded from this Arbitration Agreement.
E. Federal Arbitration Act. The Federal Arbitration Act shall govern the interpretation and enforcement of all binding arbitration proceedings under this Agreement. To the extent that the Federal Arbitration Act is inapplicable, state law governing agreements to arbitrate shall apply. The arbitration findings will be final and binding except to the extent that state or federal law provides for the judicial review of arbitration proceedings.
F. Limitation On How This Arbitration Agreement Applies. Nothing in this Arbitration Agreement is intended to require arbitration of any claim or dispute which the courts of the jurisdiction where Member resides have expressly held are not subject to mandatory arbitration. Nothing in this arbitration provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration.
G. Initiating Arbitration. In the event a dispute should arise and Member wishes to initiate these arbitration procedures, Member must deliver a written request for arbitration to Parsley Medical within the time limits which would apply to the filing of a civil complaint in court. Parsley Medical will deliver a written request to Member for any claim it may wish to assert, also within the time limits which would apply to the filing of a civil complaint in court. If a request for arbitration is not submitted timely, the claim will be deemed to have been waived and forever released.
H. Arbitration Procedure. The dispute will be decided by a panel of three (3) persons, no more than one of whom shall be a physician or the representative of Parsley Medical. Within fifteen days (15) after a party to this Arbitration Agreement has given written notice to the other of demand for arbitration of said Covered Dispute, the parties shall each appoint a neutral arbitrator identified through an organization called Judicial Arbitration and Mediation Services (“JAMS”) and give notice of such appointment to the other. Within a reasonable time after such notices have been given the two arbitrators so selected shall select a neutral arbitrator identified through JAMS and give notice of the selection thereof to the parties. If the two arbitrators selected by each party cannot mutually agree on the third arbitrator, then the third arbitrator will be selected by the parties according to the method of selection specified by JAMS in its Streamlined Arbitration Rules & Procedures, which can be obtained at www.jamsadr.com . Collectively, the arbitrators will be known as the “arbitration panel.”
(1) The arbitration panel shall hold a hearing within a reasonable time from the date of notice of selection of the neutral arbitrator.
(2) The arbitration panel shall be bound by the provisions and procedures set forth in JAMS’ Streamlined Arbitration Rules & Procedures. The applicable substantive law shall be the law of the State of Ohio.
(3) The parties shall cooperate to the greatest extent practicable in the voluntary exchange of documents and information to expedite the arbitration. After selection of the arbitration panel, the parties shall have the right to take depositions and to obtain discovery regarding the subject matter of the action and to use and exercise all of the same rights, remedies and procedures, and be subject to all of the same discovery duties, liabilities and objections as provided by the Federal Rules of Civil Procedure. The arbitration panel shall have the authority to rule on motions (including the power to issue orders and determine appropriate remedies) regarding discovery and to issue any protective orders necessary to protect the privacy and/or rights of parties and/or witnesses.
(4) The arbitration panel shall have the same authority to award remedies and damages on the merits of the dispute as provided to a judge and/or jury under parallel circumstances. However, the arbitration panel shall only be permitted to award those remedies in law or equity which are requested by the parties and which are supported by the credible, relevant evidence. The arbitration panel shall issue a written final and binding opinion and award.
(5) The parties expressly agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The arbitration panel shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitration panel shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the arbitration may still proceed on an individual basis only.
(6) Following the issuance of the arbitration panel’s decision, any party may petition a court to confirm, enforce, correct or vacate the arbitration panel’s opinion and award as set forth in the Federal Arbitration Act.
(I) Fees and Costs of Arbitration. Fees and costs shall be allocated in the following manner: Each party will be responsible for its own attorneys’ fees. Any arbitration expenses shall be divided equally between Member and Parsley Medical.
(J) Arbitration Hearing and Award. The location of the arbitration proceeding shall be no more than 45 miles from the place where Parsley Medical last provided services to Member under this Agreement, unless each party to the arbitration agrees in writing otherwise. The parties will arbitrate their dispute before the arbitration panel, who shall confer with the parties regarding the conduct of the hearing and resolve any disputes the parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the parties or as ordered by the arbitration panel, any party will have the right to prepare, serve on the other party and file with the arbitration panel a brief. The arbitration panel may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitration panel, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Agreement. The arbitration panel will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitration panel, neither a party nor an arbitration panel may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
(K) Parties’ Understanding. Member, by signing this agreement, also acknowledges that the patient has been informed that:
(1) Parsley Medical and Member enter into this Arbitration Agreement freely, knowingly, and voluntarily intending to be legally bound.
(2) The Arbitration Agreement may not even be submitted to Member for approval when Member’s condition prevents Member from making a rational decision whether or not to agree.
(3) Parsley Medical and Member warrant that they have entered into this Arbitration Agreement without threat, influence, or coercion.
(4) Parsley Medical will provide care, diagnosis, and/or treatment of Member whether or not Member signs this Arbitration Agreement.
(5) Parsley Medical and Member understand, acknowledge, and agree that by entering into this agreement, they are giving up their constitutional right to have any Covered Dispute decided by a court of law.
(6) Member must be furnished with two copies of the Arbitration Agreement.
L. Cancellation. Member, or the Member’s spouse or the personal representative of the Member’s estate in the event of the Member’s death or incapacity, has the right to cancel this Arbitration Agreement by notifying Parsley Medical in writing within thirty (30) days after the Member’s signing of the agreement. The Member, or the Member’s spouse or representative, as appropriate, may cancel this Arbitration Agreement by merely writing “cancelled” on the face of one of the Member’s copies of the Arbitration Agreement, signing the Member’s name under such word, and mailing, by certified mail, return receipt requested, the copy to Parsley Medical within the thirty-day period. Filing of a medical claim in a court within the thirty (30) days provided for cancellation of the Arbitration Agreement by the Member will cancel the Arbitration Agreement without any further action by the Member.