PARRIS N. GLENDENING, Governor                                 Ch. 582

3-2A-06B.

(A)     ARBITRATION OF A CLAIM WITH THE HEALTH CLAIMS ARBITRATION
OFFICE MAY BE WAIVED BY THE CLAIMANT OR ANY DEFENDANT IN ACCORDANCE
WITH THIS SECTION, AND THE PROVISIONS OF THIS SECTION SHALL GOVERN ALL
FURTHER PROCEEDINGS ON ANY CLAIM FOR WHICH ARBITRATION HAS BEEN
WAIVED UNDER THIS SECTION.

(B)     (1) SUBJECT TO THE TIME LIMITATION UNDER SUBSECTION (D) OF THIS
SECTION. ANY CLAIMANT MAY WAIVE ARBITRATION AT ANY TIME AFTER FILING
THE CERTIFICATE OF QUALIFIED EXPERT REQUIRED BY § 3-2A-04(B) OF THIS
SUBTITLE BY FILING WITH THE DIRECTOR A WRITTEN ELECTION TO WAIVE
ARBITRATION SIGNED BY THE CLAIMANT OR THE CLAIMANT'S ATTORNEY OF
RECORD IN THE ARBITRATION PROCEEDING.

(2) THE CLAIMANT SHALL SERVE THE WRITTEN ELECTION ON ALL
OTHER PARTIES TO THE CLAIM IN ACCORDANCE WITH THE MARYLAND RULES.

(3) IF THE CLAIMANT WAIVES ARBITRATION UNDER THIS SUBSECTION.
ALL DEFENDANTS SHALL COMPLY WITH THE REQUIREMENTS OF § 3-2A-04(B) OF
THIS SUBTITLE BY FILING THEIR CERTIFICATES AT THE HEALTH CLAIMS
ARBITRATION OFFICE OR. AFTER THE ELECTION. IN THE APPROPRIATE CIRCUIT
COURT OR UNITED STATES DISTRICT COURT.

(C) (1) SUBJECT TO THE TIME LIMITATION UNDER SUBSECTION (D) OF THIS
SECTION. ANY DEFENDANT MAY WAIVE ARBITRATION AT ANY TIME AFTER THE
CLAIMANT HAS FILED THE CERTIFICATE OF QUALIFIED EXPERT REQUIRED BY §
3-2A-04(B) OF THIS SUBTITLE BY FILING WITH THE DIRECTOR A WRITTEN ELECTION
TO WAIVE ARBITRATION SIGNED BY THE DEFENDANT OR THE DEFENDANT'S
ATTORNEY OF RECORD IN THE ARBITRATION PROCEEDING.

(2) THE DEFENDANT SHALL SERVE THE WRITTEN ELECTION ON ALL
OTHER PARTIES TO THE CLAIM IN ACCORDANCE WITH THE MARYLAND RULES.

(3) IF A DEFENDANT WAIVES ARBITRATION UNDER THIS SUBSECTION,
THE DEFENDANT SHALL COMPLY WITH THE REQUIREMENTS OF § 3-2A-04(B) OF THIS
SUBTITLE BY FILING THE CERTIFICATE AT THE HEALTH CLAIMS ARBITRATION
OFFICE. OR, AFTER THE ELECTION, IN THE APPROPRIATE CIRCUIT COURT OR
UNITED STATES DISTRICT COURT.

(D) (1) A WAIVER OF ARBITRATION BY ANY PARTY UNDER THIS SECTION
MAY BE FILED NOT LATER THAN 60 DAYS AFTER ALL DEFENDANTS HAVE FILED A
CERTIFICATE OF QUALIFIED EXPERT UNDER § 3-2A-04(B) OF THIS SUBTITLE.

(2) ANY WAIVER OF ARBITRATION AFTER THE DATE SPECIFIED IN
PARAGRAPH (1) OF THIS SUBSECTION SHALL BE IN ACCORDANCE WITH THE
PROVISIONS OF § 3-2A-06A OF THIS SUBTITLE.

(E) AFTER FILING, THE WRITTEN ELECTION SHALL BE BINDING UPON ALL
PARTIES.

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