ROBERT L. EHRLICH, JR., Governor

H.B. 2

(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, THE
ARBITRATION PANEL SHALL MAKE ITS AWARD AND DELIVER IT TO THE DIRECTOR
ON OR BEFORE JUNE 30, 2005.

(3) (2) The Director shall cause a copy of it to be served on each party
within 15 days of having received it from the arbitration panel.

(h) (1) A party may apply to the arbitration panel to modify or correct an
award as to liability, damages, or costs in accordance with § 3-222 of this [article]
TITLE.

(2) (I) The application may include a request that damages be reduced
to the extent that the claimant has been or will be paid, reimbursed, or indemnified
under statute, insurance, or contract for all or part of the damages assessed.

(II)     The panel chairman shall receive such evidence in support and
opposition to a request for reduction, including evidence of the cost to obtain such
payment, reimbursement, or indemnity.

(III)   After hearing the evidence in support and opposition to the
request, the panel chairman may modify the award if satisfied that modification is
supported by the evidence.

(IV)    The award may not be modified as to any sums paid or payable
to a claimant under any workers' compensation act, criminal injuries compensation
act, employee benefit plan established under a collective bargaining agreement
between an employer and an employee or a group of employers and a group of
employees that is subject to the provisions of the federal Employee Retirement
Income Security Act of 1974, program of the Department of Health and Mental
Hygiene for which a right of subrogation exists under §§ 15-120 and 15-121.1 of the
Health - General Article, or as a benefit under any contract or policy of life insurance
or Social Security Act of the United States.

(V)     An award may not be modified as to any damages assessed for
any future expenses, costs, and losses unless:

1.       [the] THE panel chairman orders the defendant or the
defendant's insurer to provide adequate security [or, if]; OR

2.       [the] THE insurer is authorized to do business in this
State[,] AND maintains reserves in compliance with rules of the Insurance
Commissioner to assure the payment of all such future damages up to the amount by
which the award has been modified as to such future damages in the event of
termination.

(VI)    Except as expressly provided by federal [statute] LAW, no
person may recover from the claimant or assert a claim of subrogation against a
defendant for any sum included in the modification of an award.

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