ROBERT L. EHRLICH, JR., Governor H.B. 2
(ii) would be limited to a high risk medical specialty such as the
practice of obstetrics;
(iii) would use an administrative tribunal to hear medical injury
claims instead of a jury, with the tribunal's decision being the exclusive remedy for
the claim, and with the claimant having a limited right of appeal of the tribunal's
decision to an administrative law judge; and
(iv) would compensate injured patients according to a schedule of
damages for specific injuries.
(g) The Task Force shall report its findings and recommendations to the
Governor and, in accordance with § 2-1246 of the State Government Article, the
General Assembly, on or before June 30, 2007.
SECTION 15. AND BE IT FURTHER ENACTED, That Section 11 shall remain
effective through June 30, 2007, and, at the end of June 30, 2007, with no further
action required by the General Assembly, Section 14 of this Act shall be abrogated and
of no further force and effect.
SECTION 14. AND BE IT FURTHER ENACTED, That the Governor shall
propose legislation during the 2006 Session of the Maryland General Assembly to
provide an alternative mechanism for distribution of the money in the Maryland
Medical Professional Liability Insurance Rate Stabilization Fund.
SECTION 14. 15. AND BE IT FURTHER ENACTED, That, subject to Section
12 Sections 12 and 13 Section 12 of this Act, this Act is an emergency measure, is
necessary for the immediate preservation of the public health or safety, has been
passed by a yea and nay vote supported by three-fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it
is enacted. If this Act does not secure sufficient votes to pass as an emergency
measure, it shall take effect January 1, 2005, pursuant to Article III, § 31 of the
Maryland Constitution.
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