Colorow Health Care, LLC ; Qp Health Care Services, LLC, D/b/a Vivage; Travis Young ; Beverly Cole; and Michael…

Summary

The court held that the Health Care Availability Act requires substantial, rather than strict, compliance with the statutory requirements for arbitration agreements. The agreement substantially complied because it contained the required notice in larger-than-required, all-capital lettering, separated it from the other text, and did not materially undermine voluntariness despite omitting bold type. The court therefore reversed and remanded. Justice Hart, joined by Justice Gabriel, dissented, arguing that the statute's detailed language, typography requirements, and penalties required strict compliance.