2354

LAWS OF MARYLAND

Ch. 640

Article - Courts and Judicial Proceedings

Section 3-2A-02, 3-2A-03, 3-2A-04, 3-2A-05, 3-2A-06, and

3-2A-07
Annotated Code of Maryland
(1984 Replacement Volume and 1985 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-02.

(a)  (1) All claims, suits, and actions, including cross
claims, third-party claims, and actions under Title 3 Subtitle 9
of this article, by a person against a health care provider for
medical injury allegedly suffered by the person in which damages
of more than [$5,000] THE LIMIT OF THE CONCURRENT JURISDICTION OF
THE DISTRICT COURT are sought are subject to and shall be
governed by the provisions of this subtitle.

(2)  An action or suit of that type may not be brought
or pursued in any court of this State except in accordance with
this subtitle.

(3)  An action [in which damages of $5,000 or less are
sought] WITHIN THE CONCURRENT JURISDICTION OF THE DISTRICT COURT
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 more than a required jurisdictional amount.

(C) EXCEPT AS OTHERWISE PROVIDED, THE MARYLAND RULES OF
PROCEDURE SHALL APPLY TO ALL PRACTICE AND PROCEDURE ISSUES
ARISING UNDER THIS SUBTITLE.

3-2A-03.

(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)  (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.