CMA recently learned that Blue Cross of California is demanding that physicians and their attorneys as part of the contract negotiation process sign a “confidentiality agreement” that not only violates laws protecting the confidentiality of attorney-client communications, but also seems intended to prevent physicians from being fairly represented in managed care contract negotiations. CMA has urged Blue Cross to withdraw this unfair agreement.

“We had hoped that, in the wake of WellPoint’s agreement to settle the national RICO lawsuit, there would be a commitment to working more collaboratively with the physician community in the future,” wrote CMA CEO Joe Dunn in a letter to Blue Cross of California President Brian Sassi. “We urge you to reaffirm that commitment, and to withdraw this unfair and onerous agreement.”

The agreement among other things gives Blue Cross the right to determine “at its sole and absolute discretion” whether or not a physician can use a particular attorney or negotiator. CMA strongly objects to this provision and believes that physicians should have the unfettered ability to retain any experts they want to advise them on important business matters.

Contact: CMA’s legal information line, 415/882-5144 or legainfo@cmanet.org.