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91_SB0762
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
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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
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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.)