State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ]

91_SB0762eng

 
SB762 Engrossed                                LRB9105867SMdv

 1        AN  ACT  to  amend  the  Health  Care  Arbitration Act by
 2    changing Section 9.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Health Care Arbitration Act is amended by
 6    changing Section 9 as follows:

 7        (710 ILCS 15/9) (from Ch. 10, par. 209)
 8        Sec.  9.   Mandatory  Provisions.  (a)  Every health care
 9    arbitration agreement shall be clearly captioned "Health Care
10    Arbitration Agreement".
11        (b)  Every health care arbitration agreement in  relation
12    to health care services rendered during hospitalization shall
13    specify  the  date  of commencement of hospitalization. Every
14    health care arbitration agreement in relation to health  care
15    services  not rendered during hospitalization shall state the
16    specific cause for which the services are provided.
17        (c)  Every  health  care  arbitration  agreement  may  be
18    cancelled  by  any  signatory  (1)  within  60  days  of  its
19    execution or within 60 days of  the  date  of  the  patient's
20    discharge  from  the  hospital,  whichever is later, as to an
21    agreement in relation to health care services rendered during
22    hospitalization, provided, that if executed other than at the
23    time of discharge of  the  patient  from  the  hospital,  the
24    health  care  arbitration agreement be reaffirmed at the time
25    of the discharge planning  process  in  the  same  manner  as
26    provided  for  in the execution of the original agreement; or
27    (2) within 60 days of the date of its execution, or the  last
28    date  of  treatment by the health care provider, whichever is
29    later, as to an agreement in relation to health care services
30    not  rendered  during  hospitalization.   Provided,  that  no
31    health care arbitration agreement  shall  be  valid  after  2
 
SB762 Engrossed             -2-                LRB9105867SMdv
 1    years  one  year from the date of its execution.  An employee
 2    of a hospital or health care provider who is not a  signatory
 3    to an agreement may cancel such agreement as to himself until
 4    30  days  following  his notification that he is a party to a
 5    dispute or issue  on  which  arbitration  has  been  demanded
 6    pursuant to such agreement.  If any person executing a health
 7    care   arbitration   agreement  dies  before  the  period  of
 8    cancellation as outlined above, the  personal  representative
 9    of  the  decedent  shall  have the right to cancel the health
10    care arbitration agreement within 60 days of the date of  his
11    appointment  as  the  legal  representative of the decedent's
12    estate.   Provided,  that  if  no  legal  representative   is
13    appointed  within  6 months of the death of said decedent the
14    next of kin of such decedent shall have the right  to  cancel
15    the  health  care  arbitration agreement within 8 months from
16    the date of death.
17        (d)  Every  health  care  arbitration   agreement   shall
18    contain  immediately above the signature lines, in upper case
19    type in printed letters of  at  least  3/16  inch  height,  a
20    caption and paragraphs as follows:
21                 "AGREEMENT TO ARBITRATE HEALTH CARE
22                          NEGLIGENCE CLAIMS
23                          NOTICE TO PATIENT
24        YOU CANNOT BE REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO
25        RECEIVE  TREATMENT.    BY  SIGNING  THIS  AGREEMENT, YOUR
26        RIGHT TO TRIAL BY A JURY OR A JUDGE IN A  COURT  WILL  BE
27        BARRED  AS  TO  ANY DISPUTE RELATING TO INJURIES THAT MAY
28        RESULT FROM NEGLIGENCE DURING YOUR TREATMENT OR CARE, AND
29        WILL BE REPLACED BY AN ARBITRATION PROCEDURE.
30        THIS AGREEMENT MAY BE CANCELLED WITHIN 60 DAYS OF SIGNING
31        OR 60 DAYS AFTER YOUR HOSPITAL DISCHARGE OR 60 DAYS AFTER
32        YOUR LAST MEDICAL TREATMENT IN RELATION  TO  HEALTH  CARE
33        SERVICES NOT RENDERED DURING HOSPITALIZATION.
34        THIS  AGREEMENT  PROVIDES THAT ANY CLAIMS WHICH MAY ARISE
 
SB762 Engrossed             -3-                LRB9105867SMdv
 1        OUT OF YOUR HEALTH CARE WILL BE SUBMITTED TO A  PANEL  OF
 2        ARBITRATORS,  RATHER  THAN  TO A COURT FOR DETERMINATION.
 3        THIS AGREEMENT REQUIRES ALL PARTIES SIGNING IT  TO  ABIDE
 4        BY THE DECISION OF THE ARBITRATION PANEL."
 5        (e)  an  executed  copy  of  the  AGREEMENT  TO ARBITRATE
 6    HEALTH CARE CLAIMS and any reaffirmation of that agreement as
 7    required by this Act shall be given to the patient during the
 8    time of the discharge planning process  or  at  the  time  of
 9    discharge.
10    (Source: P.A. 80-1012.)

[ Top ]