Arbitration Agreements Governing Certain Medical Negligence Claims:
Provides that arbitration agreement that violates specified requirements is voidable at consumer's option until initiation of arbitration; prohibits agreement from restricting or abolishing any substantive or due process right or restricting damages or remedies; requires allowing selection of arbitrators by mutual agreement; requires court to appoint acceptable arbitrators if parties are unable to agree; requires provider to explain pre-dispute agreement in detail to consumer; provides that pre-dispute agreement may be rescinded before initiation of arbitration by consumer or provider; requires each pre-dispute agreement & post-dispute agreement to contain certain specified provisions; requires that provider give copy of agreement to patient or nursing home resident; prohibits health care provider from refusing to serve patient if patient declines to agree to or rescinds arbitration agreement; prohibits provider from presenting arbitration agreements to patients; requires provider to give patient specified period of time to review post-agreement & consult attorney.
July 1, 2010
Died in Health & Family Services Policy Council on Friday, April 30, 2010 6:59 PM
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