HARRY HUGHES, Governor 2353
SECTION 2 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1986.
Approved May 27, 1986.
CHAPTER 640
(Senate Bill 559)
AN ACT concerning
Medical Malpractice - Health Claims Arbitration
FOR the purpose of altering the jurisdiction of the Health Claims
Arbitration Office; imposing minimum experience requirements
for attorney members of arbitration panels; providing a
certain exception to the experience requirement for attorney
members; requiring that the biographical statements of all
prospective health claims arbitration panel members be
updated annually within a certain time; requiring the
Director of the Health Claims Arbitration Office to include
the names of certain physicians on the list of health care
providers to serve as arbitrators; requiring every physician
licensed in the State, and who is a resident of the State,
to be available to serve as an arbitrator of health care
malpractice claims; requiring the filing of a certificate of
a qualified expert within a certain time; providing for
panel chairmen, in conjunction with the Director, to require
that certain action be taken in a specific period of time;
defining the rules of evidence applicable before the Health
Claims Arbitration Office and in the courts; permitting and
regulating mutual waiver of the arbitration process;
providing that certain hospital records and records of
treating health care providers are admissible without
calling the provider under certain circumstances; requiring
the Director to establish certain procedures for the
selection of alternate panel members; requiring the Director
to prepare a separate list of single arbitrators; providing
for the use of pleadings and discovery proceedings before
panels when cases are appealed to courts; requiring the
clerk of the court to file a copy of the verdict or other
final disposition with the Director; prohibiting a party
from presenting testimony from more than 2 experts in a
designated specialty except under certain circumstances;
requiring the payment of certain costs by a party
maintaining or defending any action in bad faith or without
substantial justification upon a certain panel
determination; making certain stylistic changes; and
generally relating to claims against health care providers.
BY repealing and reenacting, with amendments,
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