These agreements can be included with the patient intake forms. Most patients have no objection to signing these agreements along with the other forms they are asked to sign when first presenting themselves for treatment. Arbitration agreements must comply with the Colorado Health Availability Act. A sample agreement that complies with the CHAA appears at the end of this article. Before using arbitration agreements with your patients be sure to check with your malpractice carrier to determine whether the carrier has any objection to the use of these agreements.
Most insurance companies encourage the use of arbitration agreements.
However, under some policies the use of such an agreement without the prior consent of the insurance company would void coverage. The patient must be given a copy of the agreement at the time it is signed, and the agreement must be in the patient s native language. The patient has the right to seek legal counsel concerning this agreement, and has the right to rescind this agreement by written notice to the physician within ninety days after the agreement has been signed and executed by both parties unless said agreement was signed in contemplation of the patient being hospitalized, in which case the agreement may be rescinded by written notice to the physician within ninety days after release or discharge from the hospital or other health care institution. Both parties to this agreement, by entering into it, have agreed to the use of binding arbitration in lieu of having any such dispute decided in a court of law before a jury. This agreement is also intended to bind any children of the patient whether born or unborn at the time of the occurrence giving rise to any claim.