C.A. 2nd;
B272284

The Second Appellate District granted a petition for writ of mandate. The court held that the trial court lacked jurisdiction to confirm a partial arbitration award.

Prime Healthcare La Palma, LLC and affiliated hospitals sued Kaiser Foundation Health Plan, Inc. for allegedly failing to reimburse Prime for emergency medical services provided to Kaiser members. A portion of Prime's claims related to emergency medical services Prime provided to enrollees in a Medicare Advantage plan administered by Kaiser pursuant to Part C of the Medicare Act. The parties agreed to arbitrate their claims. Kaiser moved in the arbitration proceedings to dismiss Prime's Medicare Advantage claims, arguing they were preempted by the Medicare Act. The arbitration panel denied Kaiser's motion and memorialized its ruling in what it labeled as a “Partial Final Award Re Medicare Advantage Claims.” Kaiser petitioned the trial court to vacate the award.