(b) (1) The claimant shall file with the Director a written election to waive
arbitration which must be signed by all parties or their attorneys of record in the
arbitration proceeding.

(2) After filing, the written election shall be mutually binding upon all

parties.

(c) (1) Within 60 days after filing the election to waive arbitration, the
plaintiff shall file a complaint and a copy of the election to waive arbitration with the
circuit court or United States District Court.

(2) After filing the complaint, the plaintiff shall serve a summons and a
copy of the complaint upon 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 motion
by an adverse party and upon a finding of prejudice to that party due to the delay in
the filing of the complaint.

(d) After filing the election to waive arbitration, the plaintiff may not join an
additional health care provider as a defendant in any action brought under subsection
(c) of this section unless a written election to waive arbitration has been filed by that
health care provider under subsection (b) of this section.

(e) In any case subject to this section, the procedures of § 3-2A-06(f) of this
subtitle shall apply.

(F) (1) IF THE PARTIES MUTUALLY AGREE TO A NEUTRAL CASE
EVALUATION, THE CIRCUIT COURT OR UNITED STATES DISTRICT COURT, TO WHICH
THE CASE HAS BEEN TRANSFERRED AFTER THE WAIVER OF ARBITRATION, SHALL
MAY REFER THE CASE TO THE HEALTH CLAIMS ARBITRATION OFFICE NOT LATER
THAN 6 MONTHS AFTER A COMPLAINT IS FILED UNDER SUBSECTION (C) OF THIS
SECTION.

(2) (I) ON RECEIPT OF THE CASE, THE DIRECTOR SHALL SEND TO THE
PARTIES A LIST OF SIX ATTORNEYS WHO:

1. MEET THE QUALIFICATIONS LISTED IN § 3-2A-03(C)(3) OF

THIS SUBTITLE; AND

2. HAVE TRIED AT LEAST THREE HEALTH CARE
MALPRACTICE CASES.

(II) EACH PARTY MAY STRIKE TWO NAMES FROM THE LIST.

(III) IF THE CLAIM IS AGAINST MORE THAN ONE HEALTH CARE
PROVIDER, WHETHER DIRECTLY BY A CLAIMANT OR AS A RESULT OF A THIRD-PARTY
CLAIM, THE HEALTH CARE PROVIDERS CLAIMED AGAINST SHALL BE TREATED AS A
SINGLE PARTY AND SHALL EXERCISE THEIR STRIKES JOINTLY.