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Bulletin No. 94-03

Medical malpractice arbitration program

Issued and entered April, 21 1994 by David J. Dykhouse, Commissioner of Insurance

The purpose of this bulletin is to announce the end of the Medical Malpractice Arbitration Program, effective April 1, 1994.

The program ended with the enactment of Public Acts 78 and 349 of 1993. Effective April 1, 1994, Act 78 eliminated the Judicature Act sections of the program at MCLA 600.5040 to 600.5065, which provided the legal basis for arbitrations. Also effective April 1, 1994, Act 349 eliminated Insurance Code section MCLA 500.3053, which required insurers to issue policies which obligated hospitals to offer arbitration. Act 349 also eliminated the remaining legal basis of the program at Insurance Code sections MCLA 500.3051 TO 500.3062, effective October 1, 1995.

Therefore, effective on or after April 1, 1994, insurers may not require hospitals to offer the alternative of arbitration to patients in order to obtain insurance and hospitals should no longer offer the alternative of arbitration pursuant to Public Acts 141 of 1975 as amended. Disputing parties with valid contracts signed prior to April 1, 1994, will be able to initiate an arbitration through September 30, 1995.

If you have questions regarding this bulletin please write to Donald C. McMahon, Director, Medical Malpractice Arbitration Program, P.O. Box 30220, Lansing, Michigan, 48909. Patients having questions regarding the program should contact Arbitration Services Inc. at 1-800-482-0660, as indicated on their arbitration forms.