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Utah House amends medical-arbitration law, makes arbitration voluntary and shortens rescission window
Summary
The House amended first substitute Senate Bill 245 to make medical arbitration voluntary, require mediation for patients who opt in, make arbitration decisions public records and reduce the rescission window from 30 to 10 days; the bill passed the House 64–10.
The Utah House on March 1 amended and passed first substitute Senate Bill 245, changing how medical-arbitration agreements are handled state law. The bill, sponsored on the floor by Representative Verkhart, makes medical arbitration voluntary rather than mandatory, allows patients who agree to arbitration to require mediation first and clarifies several procedural protections, including that arbitration decisions are public records and that patients have the right to an attorney in arbitration.
Supporters framed the bill as restoring patient choice and streamlining dispute resolution. "What this does is it makes medical arbitration entirely voluntary. That puts the patient in charge," Representative Verkhart said while explaining the bill’s before-and-after effect. The sponsor also described arbitration’s cost and speed advantages compared with litigation, telling members arbitration can be faster and cheaper in many cases.
Representative Daniels successfully moved an amendment changing the bill’s language on the selection of arbitrators on lines 65–66 to read "the other 2 arbitrators," reflecting supporters’ view that a three-arbitrator panel remains a practical default in many cases. Daniels, who said arbitration and mediation are his profession, acknowledged a cost trade-off but argued three arbitrators are widely preferred by providers, arbitrators, and many plaintiffs’ attorneys.
Opponents and questioners pressed procedural details, including why the rescission period for arbitration agreements was shortened from 30 days to 10 days. The sponsor said the change was part of a negotiated compromise with medical providers and hospitals: in exchange for moving from mandatory to voluntary arbitration they sought "some finality" and for agreements to take binding effect within 10 days.
On the floor the House recorded debate over costs for low-income litigants; the sponsor said attorneys commonly front costs when they believe cases are meritorious. After a voice and roll-call sequence, the House adopted the Daniels amendment and passed first substitute Senate Bill 245 by a vote of 64 yes to 10 no. The bill will return to the Senate for further consideration.
The next procedural step is Senate consideration and any further conference or concurrence actions if the Senate amends the House-passed version.
