[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0156
SB762 Enrolled LRB9105867SMdv
AN ACT to amend the Health Care Arbitration Act by
changing Section 9.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Health Care Arbitration Act is amended by
changing Section 9 as follows:
(710 ILCS 15/9) (from Ch. 10, par. 209)
Sec. 9. Mandatory Provisions. (a) Every health care
arbitration agreement shall be clearly captioned "Health Care
Arbitration Agreement".
(b) Every health care arbitration agreement in relation
to health care services rendered during hospitalization shall
specify the date of commencement of hospitalization. Every
health care arbitration agreement in relation to health care
services not rendered during hospitalization shall state the
specific cause for which the services are provided.
(c) Every health care arbitration agreement may be
cancelled by any signatory (1) within 60 days of its
execution or within 60 days of the date of the patient's
discharge from the hospital, whichever is later, as to an
agreement in relation to health care services rendered during
hospitalization, provided, that if executed other than at the
time of discharge of the patient from the hospital, the
health care arbitration agreement be reaffirmed at the time
of the discharge planning process in the same manner as
provided for in the execution of the original agreement; or
(2) within 60 days of the date of its execution, or the last
date of treatment by the health care provider, whichever is
later, as to an agreement in relation to health care services
not rendered during hospitalization. Provided, that no
health care arbitration agreement shall be valid after 2
years one year from the date of its execution. An employee
of a hospital or health care provider who is not a signatory
to an agreement may cancel such agreement as to himself until
30 days following his notification that he is a party to a
dispute or issue on which arbitration has been demanded
pursuant to such agreement. If any person executing a health
care arbitration agreement dies before the period of
cancellation as outlined above, the personal representative
of the decedent shall have the right to cancel the health
care arbitration agreement within 60 days of the date of his
appointment as the legal representative of the decedent's
estate. Provided, that if no legal representative is
appointed within 6 months of the death of said decedent the
next of kin of such decedent shall have the right to cancel
the health care arbitration agreement within 8 months from
the date of death.
(d) Every health care arbitration agreement shall
contain immediately above the signature lines, in upper case
type in printed letters of at least 3/16 inch height, a
caption and paragraphs as follows:
"AGREEMENT TO ARBITRATE HEALTH CARE
NEGLIGENCE CLAIMS
NOTICE TO PATIENT
YOU CANNOT BE REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO
RECEIVE TREATMENT. BY SIGNING THIS AGREEMENT, YOUR
RIGHT TO TRIAL BY A JURY OR A JUDGE IN A COURT WILL BE
BARRED AS TO ANY DISPUTE RELATING TO INJURIES THAT MAY
RESULT FROM NEGLIGENCE DURING YOUR TREATMENT OR CARE, AND
WILL BE REPLACED BY AN ARBITRATION PROCEDURE.
THIS AGREEMENT MAY BE CANCELLED WITHIN 60 DAYS OF SIGNING
OR 60 DAYS AFTER YOUR HOSPITAL DISCHARGE OR 60 DAYS AFTER
YOUR LAST MEDICAL TREATMENT IN RELATION TO HEALTH CARE
SERVICES NOT RENDERED DURING HOSPITALIZATION.
THIS AGREEMENT PROVIDES THAT ANY CLAIMS WHICH MAY ARISE
OUT OF YOUR HEALTH CARE WILL BE SUBMITTED TO A PANEL OF
ARBITRATORS, RATHER THAN TO A COURT FOR DETERMINATION.
THIS AGREEMENT REQUIRES ALL PARTIES SIGNING IT TO ABIDE
BY THE DECISION OF THE ARBITRATION PANEL."
(e) an executed copy of the AGREEMENT TO ARBITRATE
HEALTH CARE CLAIMS and any reaffirmation of that agreement as
required by this Act shall be given to the patient during the
time of the discharge planning process or at the time of
discharge.
(Source: P.A. 80-1012.)
[ Top ]