H.B. 2

VETOES

The conference committee removed the provision that would have adopted the
Daubert decision, a United States Supreme Court case concerning qualifications of
experts, which was in the bill passed by the House. Although it is difficult to quantify
the effect of these changes that were originally proposed in the bill, they clearly would
have improved the system and likely would have reduced costs.

SUMMARY

I am committed to ensuring that Maryland maintains its position as a leader in
providing health care to its citizens. We have world-class medical institutions in this
State. I will do everything in my power to ensure quality health care in the State.

Accordingly, I will add $18.5 million to the fiscal 2006 budget for the State
Medicaid program. Combined with federal matching funds, this will total $37 million
that will go to increase reimbursements for providers whose rates are well below
standard. I will further budget $30 million to be used to help stabilize the medical
malpractice insurance rates of providers, while we work toward a long-term solution
to this problem.

What I will not do is sign this bill and declare victory. It is not a victory. It is a
loss for the patients, the health care providers, and the taxpayers of this State. When
the General Assembly meets in its regular session in two days time I urge the
members to work with my Administration to adopt meaningful, long-term reform.

Yours very truly,
Robert L. Ehrlich, Jr.
Governor

House Bill 2

AN ACT concerning

Maryland Patients' Access to Quality Health Care Act of 2004

FOR the purpose of requiring a health care provider who attests in certain
certificates or testifies in relation to certain proceedings concerning health care
malpractice to meet certain qualifications; providing for the termination of
certain functions of the Health Claims Arbitration Office on or after a certain
date; requiring a person who has a claim for a medical injury against a health
care provider after a certain date to file a complaint in a court as provided in the
Maryland Rules; providing for the transfer of certain functions of the Office to
the clerks of the court and the Department of Health and Mental Hygiene on or
after a certain date; providing for certain procedures for a claim or action for a
medical injury against a health care provider filed after a certain date;
requiring a claimant or plaintiff to file certain certificates for each defendant in
a health care malpractice claim or action under certain circumstances; requiring
that an arbitration panel or trier of fact itemize certain health care malpractice
awards or verdicts in a certain manner; requiring certain alternative dispute
resolution of certain health care malpractice actions under certain
circumstances; authorizing the Court of Appeals to adopt rules relating to

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