Issues in Drafting Arbitration Clauses for Healthcare Contracts - Dispute Resolution Journal - Vol. 67, No. 2
The author is chair of Boies, Schiller & Flexner LLP’s Middle Market Practice Group, which includes the firm’s transactional healthcare practice. A former hospital chairman, practicing certified public accountant, and chair of the American Bar Association’s National Conference of Lawyers and CPAs, he currently is a member of the N.Y. Attorney General's Leadership Committee for Nonprofit Revitalization and pro bono general counsel to the Florida Association of Nonprofit Organizations. In addition to experience with healthcare disputes, Mr. Kosnitzky has 25 years of experience as an arbitrator of general business, M&A, and accounting-related disputes. He serves on the American Arbitration Association’s Healthcare Dispute Resolution Advisory Council and on the panel of AAA arbitrators for commercial and healthcare disputes. The author gratefully acknowledges the assistance of Andrew Villacast, a 2011 summer associate, in preparing this article. Mr. Kosnitzky can be reached by e-mail at email@example.com.
Originally from Dispute Resolution Journal
What parties to commercial healthcare contracts need to know about drafting an arbitration clause for a commercial healthcare contract, including the differences between the AAA Commercial Arbitration Rules and the AAA Healthcare Arbitration Payor-Provider Rules, whether the parties qualify to use the payor-provider rules, and how to tailor the arbitration clause by modifying or adding to the AAA rules.
This is a how-to guide to drafting arbitration clauses for commercial healthcare contracts using American Arbitration Association (AAA) administration under AAA rules, and the AAA standard arbitration clause with suggested modifications and additions.1 Although there are nontraditional methods of arbitration that parties could consider,2 and which may be utilized in lieu of, or incorporated into, the AAA’s rules, this article will focus on arbitration under the AAA Commercial Arbitration Rules and the AAA Healthcare Payor-Provider Arbitration Rules, either of which could be used in a healthcare contract.3