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§ 3-2A-03A. Health Claims Arbitration Fund

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 2a. Health Care Malpractice Claims (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-2A-03A
§ 3-2A-03A. Health Claims Arbitration Fund
In general
(a) There is a Health Claims Arbitration Fund.
Filing fees
(b) At the time of the filing of any claim or a response to a claim, the Director shall collect a fee of:
(1) $40 for the filing of the claim, including any third-party claim; and
(2) $25 for the filing of the response to the claim.
Fees paid to State Comptroller
(c)(1) The Director shall pay all filing fees collected under this subtitle to the Comptroller of the State.
(2) The Comptroller shall distribute:
(i) 20% of the filing fees received from the Director to the General Fund of the State; and
(ii) The balance of the filing fees to the Health Care Alternative Dispute Resolution Office.
Use of Fund
(d)(1) The Fund shall be used exclusively to pay the fees of arbitrators and other operating expenses of the Health Care Alternative Dispute Resolution Office.
(2) In accordance with the assessment of costs under § 3-2A-05(f) of this subtitle, the parties to an arbitration shall reimburse the Fund for all fees paid to the arbitrators from the Fund.
Nature of Fund
(e)(1) The Fund is a continuing, nonlapsing fund and is not subject to § 7-302 of the State Finance and Procurement Article.
(2)(i) Subject to subparagraph (ii) of this paragraph, any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified under this subtitle.
(ii) Unspent portions of the Fund that exceed $100,000 at the end of any fiscal year shall revert to the General Fund.
Administration of Fund
(f)(1) The Director shall administer the Fund.
(2) Money in the Fund may be expended only for any lawful purpose authorized by this subtitle.
Audit of Fund
(g) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.

Credits

Added by Acts 1993, c. 385, § 1, eff. Oct. 1, 1993. Amended by Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 2002, c. 440, § 8, eff. July 1, 2002; Acts 2004, 1st Sp. Sess., c. 5, § 5, eff. Jan. 11, 2005.
MD Code, Courts and Judicial Proceedings, § 3-2A-03A, MD CTS & JUD PRO § 3-2A-03A
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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