HARRY HUGHES, Governor

2359

(Senate Bill 985)

AN ACT concerning

The Health Care Malpractice Act

FOR the purpose of granting additional powers to the
Director of the Health Claims Arbitration Office-
amending certain provisions pertaining to the
appointment of an arbitration panel and otherwise
pertaining to the procedural provisions for an action
brought under the Health Care Malpractice Act; allowing
the collection of legal fees without prior approval of
the arbitration panel or court, except if the fee is in
dispute; and, in general, amending the Health Care
Malpractice Act to facilitate its operation.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 3-2A-02(b); 3-2A-03(b) and (c); 3-2A-04(a) and

(b); 3-2A-06(a) and (b); and 3-2A-07
Annotated Code of Maryland
(1980 Replacement Volume and 1980 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be repealed, amended, or enacted to read as follows: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-02.

(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.

3-2A-03.

(b) (1) The Director shall receive the salary and may
employ the staff provided in the State budget. He shall HAVE
THE POWERS AND perform the duties set forth in this
subtitle.

(2)  THE DIRECTOR SHALL HAVE SUBPOENA POWER IN
ANY CLAIM FOR WHICH A PANEL CHAIRMAN HAS NOT BEEN APPOINTED
AND IN ANY CLAIM FOR WHICH A CHAIRMAN IS NOT PERFORMING HIS
DUTIES IN A TIMELY FASHION.

(3)  THE DIRECTOR MAY ADOPT REASONABLE RULES AND
REGULATIONS TO GOVERN PROCEDURES UNDER THIS SUBTITLE.