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FL S2034

Bill

Status

Failed

4/30/2010

Primary Sponsor

Stephen Wise

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Creates section 682.025 of Florida Statutes governing arbitration agreements for medical negligence claims and nursing home disputes, establishing that compliant agreements are enforceable and consistent with state public policy.

  • Prohibits arbitration agreements from restricting substantive rights, due process rights, or damages and remedies available to patients or nursing home residents, and allows consumers to void non-compliant agreements until arbitration begins.

  • Requires pre-dispute agreements to include detailed explanations by providers, witness signatures, separate documentation, specific warning language in 16-point bold red type, and allows rescission at any time before arbitration initiation; prohibits providers from refusing service based on agreement refusal or rescission.

  • Prohibits presentation of pre-dispute agreements during emergency medical treatment or when the consumer's condition prevents rational decision-making, and requires arbitrators be selected by mutual agreement or appointed by court if parties cannot agree.

  • Requires providers to give consumers 72 hours to review post-dispute agreements and consult attorneys before signing, with post-dispute agreements containing similar notice requirements and separate documentation standards as pre-dispute agreements.

Legislative Description

Arbitration Agreements/Medical Negligence Claims [SPSC]

Last Action

Died in Committee on Health Regulation

4/30/2010

Committee Referrals

Health Regulation4/1/2010
Judiciary3/1/2010

Full Bill Text

No bill text available