HARRY HUGHES, Governor

1431

CHAPTER 439

(House Bill 1085)

AN ACT concerning

Health Claims Arbitration Panel

FOR the purpose of granting immunity from suit, under
certain circumstances, to all members of a health care
malpractice arbitration panel for all official acts
made during their tenure on the panel.

BY adding to

Article - Courts and Judicial Proceedings

Section 3-2A-04(f)

Annotated Code of Maryland

(1974 Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Courts and Judicial Proceedings

3-2A-04.

(F) (1) IN THE ABSENCE OF AN AFFIRMATIVE SHOWING OF
MALICE OR BAD FAITH, EACH ARBITRATOR FROM THE TIME OF
ACCEPTANCE OF APPOINTMENT HAS TOTAL IMMUNITY FROM SUIT FOR
ANY ACT OR DECISION MADE DURING TENURE AND WITHIN THE SCOPE
OF DESIGNATED AUTHORITY.

(2) IMMUNITY EXISTS FROM THE TIME OF ACCEPTANCE
OF APPOINTMENT AS AN ARBITRATOR UNTIL THE FINAL AND COMPLETE
DETERMINATION OF AN ARBITRATION AWARD, WHICH IS FINAL AND
COMPLETE IF THERE IS:

(I) A FAILURE TO FILE A TIMELY OBJECTION
UNDER §§ 3-224B(1) THROUGH (4) OR 3-2A-05(H) OF THIS
ARTICLE; OR

(II) THE COMMENCEMENT OF AN APPELLATE

PROCEEDING UNDER § 3-2A-06 OF THIS ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 6, 1980.