ROBERT L. EHRLICH, JR., Governor                                Ch. 5

SUBSECTION IS ADMISSIBLE AS EVIDENCE OF AN ADMISSION OF LIABILITY OR AS
EVIDENCE OF AN ADMISSION AGAINST INTEREST IN AN ACTION DESCRIBED UNDER
PARAGRAPH (1) OF THIS SUBSECTION.

(2) AN ADMISSION OF LIABILITY OR FAULT THAT IS PART OF OR IN
ADDITION TO A COMMUNICATION MADE UNDER PARAGRAPH (1) OF THIS
SUBSECTION IS ADMISSIBLE AS EVIDENCE OF AN ADMISSION OF LIABILITY OR AS
EVIDENCE OF AN ADMISSION AGAINST INTEREST IN AN ACTION DESCRIBED UNDER
PARAGRAPH (1) OF THIS SUBSECTION.

11-108.

(c) An award by the health claims arbitration panel in accordance with [§
3-2A-06] § 3-2A-05 of this article FOR DAMAGES IN WHICH THE CAUSE OF ACTION
AROSE BEFORE JANUARY 1, 2005, shall be considered an award for purposes of this
section.

(E) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A VERDICT UNDER
TITLE 3, SUBTITLE 2A OF THIS ARTICLE FOR DAMAGES IN WHICH THE CAUSE OF
ACTION ARISES ON OR AFTER JANUARY 1, 2005.

Article - Health - General

15-102.7.

THE PREMIUM TAX IMPOSED UNDER § 6-102 OF THE INSURANCE ARTICLE
APPLIES TO MANAGED CARE ORGANIZATIONS.

19-304.

(A)     A HOSPITAL OR RELATED INSTITUTION SHALL:

(1)      REPORT AN UNEXPECTED OCCURRENCE RELATED TO AN
INDIVIDUAL'S MEDICAL TREATMENT THAT RESULTS IN DEATH OR SERIOUS
DISABILITY THAT IS NOT RELATED TO THE NATURAL COURSE OF THE INDIVIDUAL'S
ILLNESS OR UNDERLYING DISEASE CONDITION; AND

(2)      SUBMIT THE REPORT TO THE DEPARTMENT WITHIN 5 DAYS OF THE
HOSPITAL'S OR RELATED INSTITUTION'S KNOWLEDGE OF THE OCCURRENCE.

(B)     A HOSPITAL OR RELATED INSTITUTION MAY REPORT TO THE
DEPARTMENT AN UNEXPECTED OCCURRENCE OR OTHER INCIDENT RELATED TO AN
INDIVIDUAL'S MEDICAL TREATMENT THAT DOES NOT RESULT IN DEATH OR SERIOUS
DISABILITY.

(C)     A HOSPITAL OR RELATED INSTITUTION SHALL:

(1)      CONDUCT A ROOT CAUSE ANALYSIS OF AN OCCURRENCE REQUIRED
TO BE REPORTED UNDER SUBSECTION (A) OF THIS SECTION; AND

(2)      UNLESS THE DEPARTMENT APPROVES A LONGER TIME PERIOD,
SUBMIT THE ROOT CAUSE ANALYSIS TO THE DEPARTMENT WITHIN 60 DAYS OF THE
HOSPITAL'S OR RELATED INSTITUTION'S KNOWLEDGE OF THE OCCURRENCE.

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