MARVIN MANDEL, Governor

497

ACTION IN WHICH DAMAGES OF $5,000 OR LESS ARE SOUGHT IS
NOT SUBJECT TO THE PROVISIONS OF THIS SUBTITLE.

(B) A CLAIM FILED UNDER THIS SUBTITLE AND AN
INITIAL PLEADING FILED IN ANY SUBSEQUENT ACTION MAY NOT
CONTAIN A STATEMENT OF THE AMOUNT OF DAMAGES SOUGHT OTHER
THAN THAT THEY ARE LESS THAN OR MORE THAN A REQUIRED
JURISDICTIONAL AMOUNT.

3-2A03. HEALTH CLAIMS ARBITRATION OFFICE.

(A)    THE HEALTH CLAIMS ARBITRATION OFFICE IS
CREATED AS A UNIT IN THE EXECUTIVE DEPARTMENT. IT IS
HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE
ADVICE AND CONSENT OF THE SENATE.

(B)   THE DIRECTOR SHALL RECEIVE THE SALARY AND MAY
EMPLOY THE STAFF PROVIDED IN THE STATE BUDGET. HE SHALL
PERFORM THE DUTIES SET FORTH IN THIS SUBTITLE.

(C)   THE DIRECTOR SHALL PREPARE A LIST OF QUALIFIED
PERSONS HILLING TO SERVE AS ARBITRATORS OF HEALTH CARE
MALPRACTICE CLAIMS. HE SHALL INCLUDE AMONG OTHERS ON THE
LIST PERSONS ON THE AMERICAN ARBITRATION ASSOCIATION LIST
OF ARBITRATORS WHO ARE WILLING TO SERVE. THE LIST SHALL
BE DIVIDED INTO THREE CATEGORIES, ONE CONTAINING THE
NAMES OF ATTORNEYS, ONE CONTAINING THE NAMES OF
INDIVIDUALS WHO ARE HEALTH CARE PROVIDERS, AND ONE
CONTAINING THE NAMES OF PERSONS FROM THE GENERAL PUBLIC
WHO ARE NEITHER ATTORNEYS, HEALTH CARE PROVIDERS, OR
AGENTS OR EMPLOYEES OF AN INSURANCE COMPANY OR SOCIETY.
THE LIST OF HEALTH CARE PROVIDERS SHALL, IF PRACTICABLE,
INCLUDE AT LEAST ONE HEALTH CARE PROVIDER FROM EACH
RECOGNIZED SPECIALTY, WITH THE SPECIALTY BEING DESIGNATED
WITH THE NAME.

(D)    THE DIRECTOR SHALL BY REGULATION DETERMINE THE
FEES THAT MAY BE CHARGED BY ARBITRATORS FOR SERVICES
RENDERED BY THEM IN PROCEEDINGS CONDUCTED PURSUANT TO
THIS SUBTITLE.

[[(E) THE COSTS OF THE HEALTH CLAIMS ARBITRATION
OFFICE AND THE ARBITRATORS' FEES SHALL BE AS PROVIDED IN
THE STATE BUDGET.]]

3-2A04. FILING OF CLAIM; APPOINTMENT OF ARBITRATORS.

(A) A PERSON HAVING A CLAIM AGAINST A HEALTH CARE
PROVIDER FOR DAMAGE DUE TO A MEDICAL INJURY SHALL FILE
HIS CLAIM WITH THE DIRECTOR. THE DIRECTOR SHALL CAUSE A
COPY OF THE CLAIM TO BE SERVED UPON THE HEALTH CARE
PROVIDER BY THE APPROPRIATE SHERIFF IN ACCORDANCE WITH
THE MARYLAND RULES. THE HEALTH CAPE PROVIDER SHALL FILE
A RESPONSE WITH THE DIRECTOR AND SERVE A COPY ON THE
CLAIMANT WITHIN THE TIME PROVIDED IN THE MARYLAND RULES
FOR FILING A RESPONSIVE PLEADING TO A DECLARATION. THE
CLAIM AND THE RESPONSE MAY INCLUDE A STATEMENT THAT THE
MATTER IN CONTROVERSY FALLS WITHIN ONE OR MORE PARTICULAR