§ 3-2A-05. Arbitration proceedings
West's Annotated Code of MarylandCourts and Judicial Proceedings
MD Code, Courts and Judicial Proceedings, § 3-2A-05
§ 3-2A-05. Arbitration proceedings
(a)(1) Except as provided under paragraph (2) of this subsection, all issues of law shall be referred by the Director to the panel chairman. All issues of fact shall be referred by the Director to the arbitration panel.
(b)(1) The provisions of §§ 3-212 through 3-217 of this title are applicable to proceedings under this subtitle.
(2) Except for the provisions of the Maryland Rules relating to time for the completion of discovery, the provisions of the Maryland Rules relating to discovery are applicable to proceedings under this subtitle. All discovery in any action under this subtitle shall be completed within 270 days from the date on which all defendants have been served, unless extended by the panel chairman for good cause shown.
(c) The attorney member of the panel shall be chairman and he shall decide all prehearing procedures including issues relating to discovery and motions in limine. The chairman shall rule in camera on any motion in limine.
(d) A party may not present testimony from more than 2 experts in a designated specialty before an arbitration panel unless the panel chairman, for good cause shown, permits additional experts.
(e)(1) The arbitration panel shall first determine the issue of liability with respect to a claim referred to it.
(f)(1) The award shall include an assessment of costs, including the arbitrators' fees.
(g)(1) The arbitration panel shall make its award and deliver it to the Director in writing within 1 year from the date on which all defendants have been served and within 10 days after the close of the hearing.
(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 title.
(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 1974,1 program of the Maryland Department of Health 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 Act2 of the United States.
(i) Subject to § 3-2A-06 of this subtitle, the award of the panel shall be final and binding on the parties. After the time for either rejecting or modifying the award has expired the Director may, or, when requested by any party, shall file a copy of the award with the circuit court having proper venue, as provided in Title 6, Subtitle 2 of this article and the court shall confirm the award. Upon confirmation the award shall constitute a final judgment.
Added by Acts 1976, c. 235, § 1, eff. July 1, 1976. Amended by Acts 1981, c. 552, § 1, eff. July 1, 1981; Acts 1985, c. 104, § 1, eff. April 9, 1985; Acts 1986, c. 640, § 1, eff. July 1, 1986; Acts 1987, c. 596, § 1, eff. July 1, 1987; Acts 1988, c. 291, § 1, eff. July 1, 1988; Acts 1990, c. 6, § 2, eff. Feb. 16, 1990; Acts 1993, c. 385, § 1, eff. Oct. 1, 1993; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2004, 1st Sp. Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2005, c. 24, § 1, eff. April 12, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2017, c. 62, § 6.
HISTORICAL AND STATUTORY NOTES
Acts 2004, 1st Sp. Sess., c. 5, § 1, redesignated subsec. (g) as subsecs. (g)(1) and (g)(2); in subsec. (h), inserted subdivision designations; in subsec. (h)(1), substituted “title” for “article”; in subsec. (h)(2)(vi), substituted “law” for “statute”; and made nonsubstantive changes.
Acts 2004, 1st Sp. Sess., c. 5, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That §§ 3-2A-01, 3-2A-05(h), and 5-615 of the Courts Article and § 1-401 of the Health Occupations Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
Acts 2005, c. 24, § 1, repealed and reenacted subsecs. (g) and (h) without amendment.
Acts 2005, c. 25, § 1, amended Acts 2004, 1st Sp. Sess., c. 5, § 3, to read:
“SECTION 3. AND BE IT FURTHER ENACTED, That §§ 3-2A-01, 3-2A-05(h), and 5-615 of the Courts Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
Acts 2006, c. 44, § 6, in subsec. (j), corrected a cross-reference.
Acts 2017, c. 62, § 6, in (h)(2)(iv), substituted “Maryland Department of Health” for “Department of Health and Mental Hygiene”.
Pub.L. 93-406, Sept. 2, 1974, 88 Stat. 829, codified at 29 U.S.C.A. § 1001 et seq.
Aug. 14, 1935, ch. 531, 49 Stat. 620, codified at 42 U.S.C.A. § 301 et seq.
MD Code, Courts and Judicial Proceedings, § 3-2A-05, MD CTS & JUD PRO § 3-2A-05
Current through legislation effective July 1, 2018, from the 2018 Regular Session of the General Assembly
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