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Session Laws, 2004, Special Session
Volume 802, Page 28   View pdf image
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Ch. 5                                       2004 LAWS OF MARYLAND

SECTION 3. 4. AND BE IT FURTHER ENACTED, That the Department of
Health and Mental Hygiene shall initially submit emergency regulations to begin
implementation of the program developed under § 15-141 of the Health - General
Article as enacted by this Act.

SECTION 4. 5. AND BE IT FURTHER ENACTED, That unless further action is
taken by the General Assembly, the program developed under § 15-141 of the Health
- General Article as enacted by this Act shall terminate at the end of May 31, 2008.

SECTION 3. 5. 6. AND BE IT FURTHER ENACTED, That this Act shall take
effect June 1, 2004.

Enacted January 11, 2005.

CHAPTER 5
(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 certificated 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
certain alternative dispute resolution; providing for certain alternative dispute
resolution procedures and costs; providing for immunity from suit for
individuals who conduct alternative dispute resolution under certain
circumstances; requiring parties to file certain supplemental certificates of
qualified experts in a health care malpractice action under certain
circumstances; requiring certain procedures concerning the supplemental
certificates; requiring providing that a health care malpractice action be
dismissed or liability in the action may be adjudicated in a certain manner if
certain parties fail to file a certain supplemental certificate under certain
circumstances; authorising an arbitration panel chairman or court to make a
certain finding as to whether a certain claim or action was brought or

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Session Laws, 2004, Special Session
Volume 802, Page 28   View pdf image
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