A key component of the AMC/NOMA legislative agenda for 2003/2004 concerns mandatory arbitration. The recently enacted medical liability reform legislation (SB 281) included arbitration language that can be utilized in the State of Ohio. Ohio Revised Code § 2711.21-24 authorizes health care providers to enter into an agreement to resolve future medical malpractice claims through binding arbitration. Based on that arbitration language, The AMC/NOMA developed a model arbitration form. However, arbitration is not mandatory under SB 281. Therefore, the AMC/NOMA supports a proposal to change the law to substitute ORC § 2711.22-24 with language similar to what is contained in the California arbitration statute that enables the patient to agree to arbitration up front. If the patient agrees, the agreement is irrevocable and binds the patient to arbitration in case of a dispute.
At the beginning of December, the AMC/NOMA lobbyists, staff and legislative chairman met with Senators Coughlin, Spada and Amstutz to discuss the change in Ohio law with regard to the arbitration process. The AMC/NOMA lobbyists are working on the preparation of legislation that would mirror the law in California in the hope that this legislation could be introduced in 2004.