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§ 7552.Health care arbitration proceedings

Article 75-A. Health Care Arbitration · Last amended 2011 · Last verified July 21, 2026

In one sentenceCPLR 7552 directs health care arbitrations to proceed under Article 75's general arbitration rules except where Article 75-A provides otherwise, and holds providers to the same duty-of-care and damages standards that would apply in a comparable malpractice action.

Full Text of CPLR 7552

Text sizeJump to: (a) (b) (c)

(a) Proceedings pursuant to this article shall be commenced and conducted in accordance with article seventy-five of this chapter, except as otherwise provided by this article, and in accordance with rules promulgated by the arbitration administrator and approved by the superintendent of financial services.
(b) The standards of duty, practice, or care to be applied to a physician, dentist, hospital, health maintenance organization or other health care provider in the arbitration shall be the same standards as would be applied in a comparable medical or dental malpractice action.
(c) Damages shall be determined in accordance with provisions of law applicable to medical and dental malpractice actions. Attorney contingency fee agreements shall be valid and subject to provisions of law applicable to medical and dental malpractice actions.

Plain-English Summary

Rather than building an entirely separate procedural code, CPLR 7552 folds Article 75-A's arbitrations into the CPLR's general arbitration article. Article 75 supplies the default procedure, and Article 75-A layers its own rules on top only where it says something different. The arbitration administrator, with the superintendent of financial services signing off, fills in the operational details through its own rules.

The section then makes a substantive choice that shapes every hearing under this article: the standard of care applied to a physician, dentist, hospital, HMO, or other provider is the same standard that would govern a comparable medical or dental malpractice action in court. Moving the dispute into arbitration doesn't loosen or change what a plaintiff has to show about the provider's conduct.

Damages follow the same logic. They're measured by the law that applies to medical and dental malpractice actions generally, and contingency fee agreements between an injured party and their attorney remain valid and subject to the same rules that govern contingency fees in malpractice litigation. The arbitration forum changes; the underlying substantive law does not.

Frequently Asked Questions

What procedural rules govern a health care arbitration under CPLR 7552?

Article 75's general arbitration procedures apply, except where Article 75-A specifically provides otherwise, along with rules the arbitration administrator promulgates and the superintendent of financial services approves.

Does the standard of care change because a malpractice claim goes to arbitration instead of court?

No. CPLR 7552 requires the same standards of duty, practice, or care that would apply in a comparable medical or dental malpractice action.

Are contingency fee agreements valid in these arbitrations?

Yes. They're valid and subject to the same provisions of law that apply to contingency fees in medical and dental malpractice actions.

How are damages calculated in a health care arbitration?

Under the same provisions of law applicable to medical and dental malpractice actions generally, so the measure of damages doesn't shift just because the claim is arbitrated.

Who fills in the procedural details for a health care arbitration?

The arbitration administrator promulgates rules for that purpose, and those rules must be approved by the superintendent of financial services.

Amendment History

Add, L 1986, ch 266, § 5, eff July 8, 1986; amd, L 2011, ch 62, § 104 (Part A), eff Oct 3, 2011.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
Also known as: health care arbitration procedure New Yorkmalpractice standard of care arbitrationHMO arbitration standardsarticle 75-A procedure rules