¶¶Òõ¶ÌÊÓƵ

Federal Arbitration Act (FAA): Primary federal law governing arbitration agreements in the United States. Must ensure compliance with FAA requirements for enforceability of arbitration provisions.

HIPAA Compliance: Health Insurance Portability and Accountability Act requirements must be considered regarding patient privacy and handling of protected health information in arbitration proceedings.

EMTALA Considerations: Emergency Medical Treatment and Active Labor Act compliance - arbitration agreement cannot interfere with emergency medical treatment obligations.

ADA Compliance: Americans with Disabilities Act requirements must be met to ensure accessibility and understanding of the agreement for all patients.

State Arbitration Laws: Specific state laws governing arbitration agreements must be incorporated, as these may impose additional requirements beyond federal law.

State Medical Malpractice Laws: State-specific regulations regarding medical malpractice claims and any limitations on arbitration of such claims must be considered.

State Healthcare Consent Laws: Requirements for obtaining valid patient consent under state law must be incorporated into the agreement structure.

State Patient Rights Laws: State-specific patient rights protections must be respected and reflected in the arbitration agreement.

State Medical Privacy Laws: State-specific medical privacy protections that may exceed HIPAA requirements must be incorporated.

Voluntariness Requirements: Agreement must be clearly voluntary and not coercive, with explicit right to refuse and rescission period.

Clarity and Conspicuousness: Agreement must use plain language, clear formatting, and prominent display of key provisions for patient understanding.

Fairness Provisions: Must include fair arbitrator selection process, reasonable cost sharing, and mutual obligations to arbitrate.

Scope Definition: Clear delineation of covered disputes, specific exclusions, and temporal limitations of the agreement.

Relevant Case Law: Supreme Court and state court precedents affecting medical arbitration agreements must be incorporated into agreement design.