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Arbitration Opt-Out

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ARBITRATION OPT-OUT INSTRUCTIONS

If you are a customer, patient, responsible party, or other authorized representative of a patient, you have 30-days after the date on which you first signed a Sales, Service, and Rental Agreement containing an arbitration provision (the “Opt-Out Deadline”), to exercise your right to “opt-out,” or choose not to participate in, mandatory arbitration of all disputes with Apria Healthcare or any other company with which Apria Healthcare is affiliated by common ownership or contract.

To opt-out of the mandatory arbitration provision in your Sales, Service, and Rental Agreement, before the Opt-Out Deadline referenced above, you must notify Apria of your decision to opt-out by one of the following:

1. Call the Company’s Arbitration Opt-Out Line at: 1-866-494-5396 and follow the instructions provided.

During the opt-out process, please be prepared to provide the following information required to process your notification:
• Patient’s Full Name
• Patient’s Apria I.D. Number
• Patient’s Address
• Patient Telephone Number
• Your Name, Contact Information, and Relationship to Patient (if different from the Patient)

2. Send an email to the Company by completing and submitting the form below:

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Opt-Out Arbitration Form

Opt-Out Arbitration Form

 

 

 

Arbitration Procedures

This page provides the additional arbitration procedures which are incorporated by reference into the Sales, Service and Rental Agreement (SSRA) signed by patients and customers of Apria Healthcare and other companies with which Apria Healthcare is affiliated by common ownership or contract.

We seek to exceed our patients’ and customers’ expectations every day. If, however, you have a claim or dispute with us, we want you to have an effective and streamlined process for resolving your concerns.

To that end, you have the option to pursue claims in arbitration or, in some cases, court if you are unable to reach satisfactory resolution after following the informal dispute resolution procedures in your SSRA.

The dispute resolution terms of your SSRA, including arbitration and class action waiver agreements, can be found on the back of your SSRA.

The additional arbitration procedures referenced in your SSRA include the following:

The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the dispute resolution terms of your SSRA and in these additional arbitration procedures will govern any arbitration between you and us. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.

Upon you or us filing an arbitration demand, we will pay all filing, administration, and arbitrator fees, unless your claim exceeds Twenty Thousand Dollars ($20,000.00). If you initiate an arbitration in which you seek more than Twenty Thousand Dollars ($20,000.00) in damages, the AAA rules will govern the payment of these fees.

One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the healthcare industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of you and us.

If your claim is for Ten Thousand Dollars ($10,000.00) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds Ten Thousand Dollars ($10,000.00), then the right to a hearing will be determined by the AAA Rules. Unless we and you agree otherwise in writing, any in-person arbitration hearings will take place in the county (or parish) in which your most recent billing address (as provided to us) is located.

Regardless of the manner in which the arbitration is conducted, the parties must exchange written documents explaining the legal and factual bases of their claims or defenses. The arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide.