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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 yearsone yearfrom 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.)