California doctors fight for right to counsel during negotiations

Medical society officials ask the state to review a policy Blue Cross says helps protect company information.

By Amy Lynn Sorrel, AMNews staff. April 16, 2007.

The California Medical Assn. is challenging a Blues "confidentiality agreement" that physicians say has nothing to do with privacy and everything to do with taking away their right to fair contract negotiations.

Before contract discussions begin, Blue Cross of California is requiring doctors to sign a document that restricts their ability to retain an attorney or a consultant to help them in the process. The provision gives the plan "sole and absolute discretion" to decide whether to deal with the third party or exclusively with the individual doctor, the agreement states.

Among other things, the document also requires any consultant involved on behalf of a doctor to give back to Blue Cross, at the plan's request, all "materials incorporating any confidential information," including copies generated during the negotiations.

Doctors say the unprecedented agreement violates state laws that protect attorney-client relationships and ensure fair business practices. At the same time, physicians say it puts them on uneven footing with large managed care plans.

"It's critical that if there's going to be any kind of level playing field and realistic negotiation over a contract, clearly doctors have to be in a position to have the ability to go to consultants and lawyers to advocate on their behalf," said Catherine I. Hanson, CMA vice president and general counsel.