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LAWS OF MARYLAND

Ch. 104

Health Claims Arbitration Act

FOR the purpose of altering a provision of law to provide for the
referral of certain issues by the Director of the Health
Claims Arbitration Office to an arbitration panel chairman
or to an arbitration panel; allowing the Director to rule on
certain issues of law under certain circumstances; and
making this Act an emergency measure.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 3-2A-05(a)

Annotated Code of Maryland

(1984 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

3-2A-05.

(a) (1) [All] EXCEPT AS PROVIDED UNDER PARAGRAPH (2) OF
THIS SUBSECTION, ALL issues of [fact and law raised by the claim
and response shall be referred by the Director to the arbitration
panel] LAW SHALL BE REFERRED BY THE DIRECTOR TO THE PANEL
CHAIRMAN. ALL ISSUES OF FACT SHALL BE REFERRED BY THE DIRECTOR
TO THE ARBITRATION PANEL.

(2) WHERE A PANEL CHAIRMAN HAS NOT BEEN APPOINTED,
AND THE DIRECTOR IS ADMITTED TO THE MARYLAND BAR, THE DIRECTOR
MAY RULE ON ALL ISSUES OF LAW ARISING PRIOR TO HEARING THAT ARE
NOT DISPOSITIVE OF THE CASE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
hereby declared to be an emergency measure and necessary for the
immediate preservation of the public health and safety and having
been passed by a yea and nay vote supported by three-fifths of
all the members elected to each of the two Houses of the General
Assembly, the same shall take effect from the date of its
passage.

Approved April 9, 1985.