Compromise makes arbitration voluntary

A tough-fought legislative compromise on the issue of medical arbitration agreements was unveiled Friday — with the backing of health-care giant IHC and the Utah Medical Association, though arbitration foes remain unsatisfied.

SB245, sponsored by Sen. Leonard Blackham, R-Moroni, proposes making arbitration voluntary, the records public and prohibits doctors from refusing service based solely on the grounds of a patient's refusal to sign the agreement.

The compromise was announced by Senate leadership as an attempt to appease advocates for patients' rights as well as the medical community, which is trying to guard against excessive medical malpractice claims.

"We're answering the cry of the public to try to fix this the best way we can," said Senate President Al Mansell, R-Sandy. "We hope this will be resolved once and for all."

As a result of the deal, IHC announced effective today it will no longer require arbitration agreements with patients.

In addition, if SB245 receives the full approval of the Legislature, those patients who have already agreed to arbitration will be able to rescind their agreements and will be notified of that opportunity.

Arbitration is a way to resolve consumer disputes over services without resorting to the judicial system. Proponents say it is a quicker, more efficient way to handle a dispute and also favor how it removes the unpredictability of monetary awards determined by juries.

Still, while several patient advocacy groups said they appreciate Blackham's effort, they will stick with a measure by Sen. Parley Hellewell, R-Orem, who seeks to repeal arbitration agreements altogether.

"There are still concerns," said Jim McConkie, one of the organizers of Patients Against Mandatory Medical Arbitration. "We are close, but not quite close enough."

Specifically, McConkie said Blackham's measure still provides for three arbitrators, which his group construes as a way to bring a doctor on board to "stack the deck."

Additionally, the new measure says that a patient only has 10 days, as opposed to the current 30, to rescind an arbitration agreement.

"We don't believe that is long enough," McConkie said.

Arbitration has blown into a major medical controversy in Utah over the past six months as patients across the state began to understand the ramifications of a law approved by the 2003 Legislature.