§ 7556 — Demand for arbitration; minors; consolidation of proceedings

§ 7556. Demand for arbitration; minors; consolidation of proceedings.\n(a) Any person subject to an arbitration agreement may seek to compel\narbitration, pursuant to section seventy-five hundred three or section\nthirty hundred forty-five of this chapter.\n (b) Notwithstanding the provisions of section twelve hundred nine of\nthis chapter, a minor child and a person judicially determined to be\nincompetent shall be bound to arbitrate disputes, controversies, or\nissues upon the execution of an arbitration election on the person's\nbehalf by a parent, legal guardian, committee, conservator or other\nperson legally authorized to enroll such minor or incompetent person in\na health maintenance organization, in accordance with the provisions of\nsection forty-five hundred six-a of the public health law.\n (c) Separate arbitration proceedings brought pursuant to this article,\nwhich involve common question of law and fact, shall be consolidated\ninto a single arbitration proceeding.\n (d) Except for arbitrations commenced pursuant to section thirty\nhundred forty-five of this chapter, any case involving a person who is\nnot bound to participate in the arbitration proceeding pursuant to\nsubdivision (e) of section forty-four hundred six-a of the public health\nlaw shall not be subject to the arbitration proceeding, unless such\nperson and all parties who are subject to the arbitration consent to the\narbitration of the claim. Absent such consent, any party may seek to\nstay such arbitrations, pursuant to section seventy-five hundred three\nof this chapter, notwithstanding any time limits that may otherwise\napply to such a stay, and require the matter to proceed as a civil\naction. In the event that such an arbitration is stayed, the arbitration\nadministrator shall forthwith transfer the case to the clerk of the\ncourt in the venue designated by the plaintiff, where the case shall be\nexpeditiously reviewed and assigned in accordance with rules promulgated\nby the chief administrator of the courts. If the demand for arbitration\nwas made or a notice of intention to arbitrate was served within the\nlimitations of time specified by article two of this chapter, and the\narbitration was subsequently stayed and transferred to a court, the\naction shall be deemed to have been timely commenced, in accordance with\nthe provisions of subdivision (a) of section two hundred five of this\nchapter.\n