HEALTH CLAIMS ARBITRATION OFFICE

ORIGIN & FUNCTIONS

The Health Claims Arbitration Office was established in 1976 (Chapter 235, Acts of 1976). For any person asserting a medical injury claim against a health care provider for damages in excess of $20,000, the claim must be filed with the Office.

The Director notifies all affected parties and supplies a list of qualified arbitrators, six from each of three categories:

From each of these categories, one mutually agreed upon arbitrator is chosen to sit on a three-person arbitration panel. That panel determines who is liable with respect to the claim and, if a health care provider is liable, considers and assesses damages. The panel decision is final, unless rejected by any party. To reverse or modify the award, the rejecting party must file an appeal with the Circuit Court.

The Director is appointed by the Governor with Senate advice and consent (Code Courts and Judicial Proceedings Article, sec. 3-2A-03).

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