WILLIAM DONALD SCHAEFER, Governor

serve certificates of qualified experts on claimants all
other parties to the claim or their attorneys of record;
specifying that the deadline for defendants to file and
serve certificates of qualified experts runs from the date
of service by claimants; authorizing the Director of the
Health Claims Arbitration Office to exercise discretion in
the making of certain strikes; eliminating the applicability
to health claims arbitration actions of a certain provision
regarding transcripts in the Maryland Uniform Arbitration
Act; specifying the circumstances under which the Director
is to file a copy of the award with the circuit court after
the time for either rejecting or modifying has expired; and
generally relating to health claims arbitration.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 3-2A-04(b)(1) and (2), and (d)(2), and 3-2A-05(b)

and (i)
Annotated Code of Maryland
(1984 Replacement Volume and 1987 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-04.

(b) Unless the sole issue in the claim is lack of informed
consent:

(1)  A claim filed after July 1, 1986, shall be
dismissed, without prejudice, if the claimant fails to file [a
certificate of a qualified expert] with the Director AND SERVE
ON THE DEFENDANT A CERTIFICATE OF A QUALIFIED EXPERT attesting to
departure from standards of care, and that the departure from
standards of care is the proximate cause of the alleged injury,
within 90 days from the date of the complaint. THE CLAIMANT SHALL
SERVE A COPY OF THE CERTIFICATE ON ALL OTHER PARTIES TO THE CLAIM
OR THEIR ATTORNEYS OF RECORD IN ACCORDANCE WITH THE MARYLAND
RULES.

(2)  A claim filed after July 1, 1986, shall be
adjudicated in favor of the claimant on the issue of liability,
if the defendant disputes liability and fails to file [a
certificate of a qualified expert] WITH THE DIRECTOR AND SERVE
ON THE CLAIMANT A CERTIFICATE OF A QUALIFIED EXPERT attesting to
compliance with standards of care, or that the departure from
standards of care is not the proximate cause of the alleged
injury, within 120 days from the date the claimant [filed] SERVED
the certificate of qualified expert set forth in paragraph (1) of

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