Section 09.55.535. Voluntary arbitration.

   (a) A patient and any health care provider may execute an agreement to submit to arbitration any dispute, controversy, or issue arising out of care or treatment by the health care provider during the period that the agreement is in force or that has already arisen between the parties.  Execution of an agreement under this subsection by a patient may not be made a prerequisite to receipt of care or treatment by the health care provider.
   (b) An agreement to arbitrate executed before care or treatment is provided must clearly provide in bold print on the face of the agreement that execution of the agreement by the patient is not a prerequisite to receiving care or treatment.  If this subsection is not complied with by the health care provider, the agreement to arbitrate is void.  The form to be used shall be approved in advance by the attorney general of the state to assure it fairly informs both parties to the agreement and properly protects their interests.
   (c) The agreement must provide that the person receiving health care may revoke the agreement within 30 days after execution by notifying the health care provider in writing.  The period for revocation shall be tolled during any period that the person receiving health care is physically unable to execute a revocation.  The health care provider may not revoke the agreement after its execution.
   (d) An arbitration agreement entered into by the parents or legal guardian of a minor person receiving health care is binding upon the minor person.
   (e) An agreement to arbitrate between a patient and a hospital must be reexecuted each time a person is admitted to a hospital. The agreement may be extended by written agreement of all parties to apply to care after hospitalization. A person receiving outpatient care from a hospital or clinic or a member of a health maintenance organization may execute an agreement with the hospital that provides for continuation of the agreement for a continuing program of treatment or during continued membership.
   (f) Upon the filing of a malpractice claim that is subject to an agreement to arbitrate, the claim shall be submitted to an arbitration board.  The arbitration board shall consist of three arbitrators: one arbitrator designated by the claimant or claimants, one arbitrator designated by the health care provider or providers against whom the claim is made, and a third arbitrator designated by mutual agreement who shall serve as chairperson of the board. If the parties cannot agree on the third person, the court will provide a choice of three or more persons who might serve as chairperson of the arbitration board, which shall be from a list of qualified arbitrators furnished by the attorney general. Claimant or claimants together and health care provider or providers together may each strike one or more names so that after each side has done so at least one name remains, providing a basis for the final selection by the court.
   (g) The attorney general shall prepare a list of persons consisting of lawyers or other persons qualified to serve as chairperson of an arbitration board. They shall be selected on the basis of their technical expertise, judicial temperament, and capability of impartially acting on malpractice claims. The attorney general shall submit a list of at least three names whenever requested to do so by the court along with detailed biographical information on each person listed.
   (h) Each member of the arbitration board shall receive reasonable compensation to be paid by the court based on the extent and duration of services rendered.  The court shall pay the costs of expert witnesses called by the board and the costs of expert witnesses called by the parties to the arbitration up to a maximum of three witnesses for each side and $150 per day for each expert witness.
   (i) The arbitration board may appoint an expert advisory panel, with the powers of the expert advisory panel under AS 09.55.536, to advise the board on the medical facts of the case.
   (j) The court shall specify the shortest practical deadline for completion of the work of the arbitration board, taking into account all the circumstances and the nature of the case.
   (k) The provisions of AS 09.43.010 - 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 - 09.43.595 (Revised Uniform Arbitration Act) apply as provided in AS 09.43.010 and 09.43.300 to arbitrations under this section if they do not conflict with the provisions of this section; arbitrations under this section shall be conducted in accordance with procedures established by any rules of court that may be adopted and according to provisions of AS 09.55.540 - 09.55.548, 09.55.554 - 09.55.560, and AS 09.65.090.

Authorities

8.64.326; 8.68.270; 9.55.536; 9.55.560

Notes

Recent Bills that will modify this

SB 35 2015 REVISOR'S BILL

References

12 AAC 44.720
AS 8.64.326 .326">Sec. 08.64.326. Grounds for imposition of disciplinary sanctions.
AS 8.68.270 .270">Sec. 08.68.270. Grounds for denial, suspension, or revocation.
AS 9.55.536 .536">Sec. 09.55.536. Expert advisory panel.
AS 9.55.560 .560">Sec. 09.55.560. Definitions.

History

(Sec. 33 ch 102 SLA 1976; am Sec. 22 ch 177 SLA 1978; am Sec. 1 ch 105 SLA 1988; am Sec. 3 ch 170 SLA 2004; am Sec. 6 ch 22 SLA 2015)