§ 4406-a. Arbitration provisions of health maintenance organization\ncontracts. 1. The enrollee contract of a health maintenance organization\nmay permit enrollees and adult members of the enrollee's family who are\ncovered by such contract to elect to have all claims for damages because\nof injury or death resulting from health care or treatment rendered or\nfailed to be rendered pursuant to the contract by a physician, dentist,\nhospital, health maintenance organization or other health care provider\nsubject to binding arbitration, pursuant to article seventy-five-A of\nthe civil practice law and rules. For the purposes of this section,\n"health maintenance organizations" shall include those health\nmaintenance organizations organized pursuant to this article or pursuant\nto article forty-three of the insurance law. The enrollee contract may\npermit arbitration elections to be executed on behalf of minor children\nor persons judicially determined to be incompetent by a parent, legal\nguardian, committee or conservator or other person legally authorized to\nenroll the minor or incompetent person in a health maintenance\norganization. Arbitration election notices, described in subdivisions\ntwo and three of this section, must be executed by covered adult family\nmembers in order to bind such persons to the arbitration election.\n 2. After receiving the approval of the superintendent of financial\nservices, pursuant to section five thousand six hundred five of the\ninsurance law, health maintenance organizations may provide arbitration\nelection notices to current enrollees and their covered adult family\nmembers. Such notice shall contain the following provision in at least\ntwelve point boldface type immediately above spaces for the signature of\nthe enrollee or covered adult family member: "By signing this form, I am\nagreeing to have any issue of alleged health care malpractice decided by\nneutral arbitration rather than by a court trial before a judge or jury.\n(Health care malpractice means claims for damages because of injury or\ndeath resulting from health care or treatment rendered or failed to be\nrendered pursuant to my health maintenance organization contract by the\nhealth maintenance organization, a physician, dentist, hospital or other\nhealth care provider.) I understand that I will be given the opportunity\nto cancel my agreement, but that all claims arising during the time of\nmy agreement will be subject to arbitration. I understand that by\nsigning the form, I am deemed to have received and reviewed the\ninformation describing arbitration that has been provided to me. I also\nunderstand that there is no requirement that I sign this form and that\nmy decision not to sign this form will not in any way affect my\nmembership or benefits in this health maintenance organization."\n 3. After receiving the approval of the superintendent of financial\nservices, pursuant to section five thousand six hundred five of the\ninsurance law, health maintenance organizations may also provide\narbitration election notices, as specified in subdivision two of this\nsection, to new enrollees and their covered adult family members. In the\nalternative, a health maintenance organization may, after receiving the\nsuperintendent's approval, elect to provide an alternative notice to new\nenrollees and their covered adult family members that provides that new\nenrollees and their covered adult family members shall be subject to the\narbitration of claims unless a form is executed by such persons that\ndeclines consent to the arbitration of claims. A health maintenance\norganization that chooses to provide such alternative notice shall\nprovide an arbitration declination form and notice to all new enrollees\nand their covered adult family members with the following provision in a\nleast twelve point boldface type immediately above spaces for the\nsignature of the enrollee or covered adult family member: "Unless you\nsign this form to
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