Illinois § 8

§ 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.)