Ch. 583

1995 LAWS OF MARYLAND

(F) (1) WITHIN 60 DAYS AFTER THE FILING OF AN ELECTION TO WAIVE
ARBITRATION BY ANY PARTY, THE PLAINTIFF SHALL FILE A COMPLAINT AND A
COPY OF THE ELECTION TO WAIVE ARBITRATION IN THE APPROPRIATE CIRCUIT
COURT OR THE UNITED STATES DISTRICT COURT.

(2) AFTER FILING THE COMPLAINT, THE PLAINTIFF SHALL SERVE A
SUMMONS AND A COPY OF THE COMPLAINT UPON ALL DEFENDANTS OR THE
ATTORNEY OF RECORD FOR ALL PARTIES IN THE HEALTH CLAIMS ARBITRATION
PROCEEDING.

(3) FAILURE TO FILE A COMPLAINT WITHIN 60 DAYS OF FILING THE
ELECTION TO WAIVE ARBITRATION MAY CONSTITUTE GROUNDS FOR DISMISSAL OF
THE COMPLAINT UPON:

(I) A MOTION BY AN ADVERSE PARTY; AND

(II) A FINDING OF PREJUDICE TO THE ADVERSE PARTY DUE TO
THE DELAY IN THE FILING OF THE COMPLAINT.

(G) AFTER THE FILING OF AN ELECTION TO WAIVE ARBITRATION UNDER
THIS SECTION, IF A PARTY JOINS AN ADDITIONAL HEALTH CARE PROVIDER AS A
DEFENDANT IN AN ACTION, THE PARTY SHALL FILE A CERTIFICATE OF QUALIFIED
EXPERT REQUIRED BY § 3-2A-04(B) OF THIS SUBTITLE WITH RESPECT TO THE
ADDITIONAL HEALTH CARE PROVIDER.

(H) IN ANY CASE SUBJECT TO THIS SECTION, THE PROCEDURES OF §
3-2A-06(F) OF THIS SUBTITLE SHALL APPLY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed
only prospectively and may not be applied or interpreted to have any effect on or
application to any claim filed before the effective date of this Act...

SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July October 1, 1995.

Approved May 25, 1995.

CHAPTER 583
(House Bill 1087)

AN ACT concerning

Trust or Fiduciary Powers - Corporate Trustees

FOR the purpose of authorizing certain persons to exercise trust or fiduciary powers in
this State; authorizing certain out-of-state financial institutions to exercise trust or
fiduciary powers in this State under certain conditions; requiring out-of-state
financial institutions exercising trust or fiduciary powers in this State to file certain
information with the State Bank Commissioner; and generally relating to the
exercise of trust or fiduciary powers in this State by certain persons.

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