2023 Illinois Compiled Statutes › Chapter 710 - ALTERNATIVE DISPUTE RESOLUTION › 710 ILCS 15/ - Health Care Arbitration Act.

(710 ILCS 15/1) (from Ch. 10, par. 201)
Sec. 1. 
		Short Title. 
		This Act shall be known and may be cited as the
"Health Care  Arbitration Act".
(Source: P.A. 80-1012.)
(710 ILCS 15/2) (from Ch. 10, par. 202)
Sec. 2. 
		Definitions. 
		As used in this Act:
(a) "Health care provider" means a person, partnership, corporation, or
other entity lawfully engaged in the practice of medicine, surgery,
chiropractic,
dentistry, podiatry, optometry, physical therapy or nursing.
(b) "Hospital" means a person, partnership, corporation or other entity
lawfully engaged in the operation or administration of a hospital, clinic,
nursing home or sanitarium.
(c) "Supplier" means a person, corporation, partnership or other entity
that has manufactured, designed, distributed, sold, or otherwise provided
any medication, device, equipment, service, or other product used in the
diagnosis or treatment of a patient.
(d) "Health care arbitration agreement" or "agreement" means a written
agreement between a patient and a hospital or health care provider to submit
to binding arbitration a claim for damages arising out of (1) injuries alleged
to have been received by a patient or (2) death of a patient, due to hospital
or health care provider negligence or other wrongful act, but not including
intentional torts.
(Source: P.A. 90-655, eff. 7-30-98.)
(710 ILCS 15/3) (from Ch. 10, par. 203)
Sec. 3. 
		Applicability. 
		This Act shall apply to and shall govern all agreements
to arbitrate claims arising out of the providing of health care services.
Except  where inconsistent with the provisions of this Act, the "Uniform
Arbitration Act", approved August 24, 1961, as now or hereafter amended,
shall apply to and govern all health care arbitration agreements.
(Source: P.A. 80-1012.)
(710 ILCS 15/4) (from Ch. 10, par. 204)
Sec. 4. 
		Additional Parties. 
		By consent of all parties to an arbitration
proceeding, a person, corporation, or entity not a signatory to the agreement
may be invited to participate in and be bound by the agreement, or may be
accepted into the agreement upon an offer to participate and be bound.
If such invitation or acceptance is made pursuant to consent of the arbitration
parties, no signatory may refuse to arbitrate because of the participation
of such additional party.  An additional participant shall execute a written
statement to be bound by the arbitration proceedings and agreement or shall
sign the agreement, and shall then be treated as a party.
(Source: P.A. 80-1012.)
(710 ILCS 15/5) (from Ch. 10, par. 205)
Sec. 5. 
		Necessary Parties. 
		A hospital or health care provider, or an
employee of a hospital or health care provider, or a supplier, reasonably
alleged to be a joint tortfeasor in a cause of action subject to a health
care  arbitration agreement shall be a necessary party to arbitration binding
any of his joint tortfeasors.  On application of any party to the arbitration
proceeding, the circuit court may stay an arbitration proceeding commenced
or threatened on the grounds that a necessary party is not a signatory or
party to the agreement.  That issue shall be forthwith and summarily tried
and a stay ordered if found for the moving party.  If found for the opposing
party, the court shall order the parties to proceed to arbitration.
(Source: P.A. 80-1012.)
(710 ILCS 15/6) (from Ch. 10, par. 206)
Sec. 6. 
		Employees. 
		The employees of a hospital or health care provider
shall be deemed to be parties to every  health care arbitration agreement
signed by their employer.  An arbitration agreement may bar an action at
law against any hospital or health care provider who is a party to the agreement
on the grounds of respondeat superior for the negligence or other wrongful
act of any employee reasonably alleged to have caused the injuries on which
the claim is based.
(Source: P.A. 80-1012.)
(710 ILCS 15/7) (from Ch. 10, par. 207)
Sec. 7. 
		Minor Parties. 
		A minor child shall be bound by a health care
arbitration agreement executed on his behalf by any parent, irrespective
of whether that parent is also a minor.   An agreement so executed shall
not be voidable because of the minority of the parent, and for such purposes
a minor who is a parent shall be deemed to have the full legal capacity
as if that parent were above the age of majority.
(Source: P.A. 80-1012.)
(710 ILCS 15/8) (from Ch. 10, par. 208)
Sec. 8. 
		Conditions. 
		Every health care arbitration agreement shall be
subject to the following conditions:
(a) The agreement is not a condition to the rendering of health care services
by any party and the agreement has been executed by the recipient of health
care services at the inception of or during the term of provision of services
for a specific cause by either a health care provider or a hospital; and
(b) The agreement is a separate instrument complete in itself and not
a part of any other contract or instrument; and
(c) The agreement may not limit, impair, or waive any substantive rights
or defenses of any party, including the statute of limitations; and
(d) The agreement shall not limit, impair, or waive the procedural rights
to be heard, to present material evidence, to cross-examine witnesses, and
to be represented by an attorney, or other procedural rights of due process
of any party.
(e) As a part of the discharge planning process the patient or, if appropriate,
members of his family must be given a copy of the health care arbitration
agreement previously executed by or for the patient and shall re-affirm
it.  Failure to comply with this provision during the discharge planning
process shall void the health care arbitration agreement.
(Source: P.A. 80-1012.)
(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 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. 91-156, eff. 1-1-00.)
(710 ILCS 15/10) (from Ch. 10, par. 210)
Sec. 10. 
		Commencement of Proceedings. 
		Arbitration proceedings under this
Act shall be commenced by serving a notice of demand for arbitration, together
with a statement of the claim and cause of action, on all parties to the
health care arbitration agreement from whom damages are sought.  The statement
of the claim and cause of action shall be substantially in the form of a
complaint under the Civil Practice Law.  Service of the notice and statement
shall be by any method authorized for service of complaints
under the Civil Practice Law or by mail.  For purposes of any statute of
limitations, notice of a demand for arbitration to any party from whom damages
are sought, whether by mail or any other process, shall be deemed to have
tolled such statute as to all parties named in the notice.
(Source: P.A. 83-1539.)
(710 ILCS 15/11) (from Ch. 10, par. 211)
Sec. 11. 
		Discovery. 
		Discovery shall be available to all parties in arbitration
proceedings as provided in the Uniform Arbitration Act.  Any party may apply
to the court for necessary orders.
(Source: P.A. 80-1012.)
(710 ILCS 15/12) (from Ch. 10, par. 212)
Sec. 12. 
		Evidence. 
		In all arbitration proceedings under this Act, the
rules of evidence as applied in the courts of this State shall apply.
(Source: P.A. 80-1012.)
(710 ILCS 15/13) (from Ch. 10, par. 213)
Sec. 13. 
		Selection of Arbitrators. 
		(a)  In all arbitration proceedings
under this Act, the number and selection of arbitrators shall be as provided
by this Section.
(b) Unless the parties to an arbitration proceeding agree that the arbitration
shall be conducted by a single arbitrator, the arbitration proceeding shall
be conducted by a panel of 3 arbitrators selected as provided in this Section.
(c) In proceedings to be conducted by a single arbitrator, all parties
to the arbitration proceeding must agree in writing to the selection of
the arbitrator.  If the parties cannot agree to the selection of a single
individual to be the arbitrator, any party may apply to the court for the
selection of an arbitrator.  Such application shall include an affidavit
that the sides of the proceeding cannot reach agreement on the selection
of an arbitrator.  If the court finds that the parties cannot reach agreement,
the court shall appoint an arbitrator as provided in paragraph (e).
(d) In proceedings to be conducted by a panel of 3 arbitrators, each side
of the proceeding shall select one arbitrator, and the 2 arbitrators thus
selected shall agree and select the third neutral arbitrator.  If the 2
arbitrators selected by the sides of the proceeding cannot agree on the
selection of the third arbitrator, any party may apply to the court for
the selection of a third neutral arbitrator.  Such application shall include
an affidavit signed by at least one of the previously selected arbitrators
that agreement cannot be reached.  If the court determines that the 2 previously
selected arbitrators cannot reach agreement.  The court shall provide for
the selection of a third neutral arbitrator pursuant to the provisions of paragraph (e).
(e) The court shall submit to each side a list of five practicing attorneys
licensed in the State of Illinois.  The parties may, by agreement, select
one of the five as the neutral arbitrator.  Failing such agreement, each
side shall strike two names from the list.  The remaining name shall be
the third neutral arbitrator. For purposes of this Section, a retired judge
of the Supreme, Appellate, or Circuit Court of Illinois shall be deemed a
licensed practicing attorney.
The third neutral arbitrator selected according to paragraph (c), (d),
or (e) shall be the presiding officer at the arbitration hearing, and shall
decide evidentiary and procedural questions during the hearing.
(f) For purposes of this Section, a selection by a side of an arbitration
proceeding means a choice made either by those parties seeking damages or
by those parties against whom damages are sought.  If the parties on a side
cannot unanimously agree on the selection of an arbitrator, the question
shall be determined by lot.
(Source: P.A. 80-1012.)
(710 ILCS 15/14) (from Ch. 10, par. 214)
Sec. 14. 
		Expenses. 
		(a)  Compensation and expenses of arbitrators shall
be apportioned equally among the parties selecting the arbitrator or, in
the case of an arbitrator appointed by the court or selected by agreement
of the parties or party-selected arbitrators, shall be apportioned equally
among all parties to the proceeding.
(b) Arbitrators appointed by the court shall be compensated $100 per
diem for their service, plus reimbursement for reasonable and necessary
expenses.  Arbitrators selected by the parties or by party-selected arbitrators
may be compensated at a rate not exceeding $100 per diem for their service,
and shall be reimbursed for reasonable and necessary expenses.
(Source: P.A. 79-1435.)