Md. Code Regs. 01.03.01.12

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.03.01.12 - Award

A. Determination of Liability. An arbitration panel first shall determine, with respect to each health care provider named in the claim, whether or not there is liability to a claimant. This panel determination shall be considered an award, as to the issue of liability, for purposes of Courts and Judicial Proceedings Article, § 3-2 A-08(a), Annotated Code of Maryland. All remuneration vouchers of panel members and court reporting charges shall be submitted to the Director within 7 days after the date of the panel determination.

B. Award for Provider. If the arbitration panel determines that a health care provider is not liable, the panel shall make an award in favor of the provider.

C. Award for Claimant.

(1) If the arbitration panel determines that a health care provider is liable, the panel shall then consider and determine the amount of damages in accordance with §C of this regulation, and, subject to Courts and Judicial Proceedings Article, §§11-108 and 11-109, Annotated Code of Maryland, causes of action arising on or after July 1, 1986. Evidence of advance payments pursuant to Article 48A, § 482A(c), Annotated Code of Maryland, is admissible at this stage of the proceeding.

(2) The panel shall determine:

(a) If one provider is determined liable to one claimant, the total amount of damages owed by the provider to the claimant;

(b) If more than one provider is determined liable to one claimant, the total amount of damages owed by each provider to the claimant;

(c) If one provider is determined liable to more than one claimant, the total amount of damages owed by the provider to each claimant; and

(d) If more than one provider is determined liable to more than one claimant, the total amount of damages owed by each provider to each claimant.

(3) If advance payment has been made under Courts and Judicial Proceedings Article, § 3-2 A-08(a), and Article 48A, § 482A(c), Annotated Code of Maryland, the arbitration panel shall subtract the amount of advance payments made to a claimant on behalf of a provider from the total damages calculated to be owed by the provider to the claimant under §C of this regulation.

(4) The award of damages shall be adjusted as follows:

(a) If the amount of total damages exceeds the amount of advance payments, the net amount constitutes the award of damages for purposes of §C(4)(b) of this regulation, and, at the option of the claimant, is payable in a lump sum or periodic payments;

(b) If the amount of advance payments exceeds the amount of total damages, the arbitration panel may not require any repayment by a claimant, but may make any other equitable adjustment of the award of damages, including contribution from other parties determined liable.

D. Arbitration Costs.

(1) An arbitration panel shall determine the responsibility for paying the arbitration costs, and may apportion the costs among any of the parties, in specific fractional or percentage figures.

(2) Arbitration panel members are entitled to the following remuneration for time spent in transaction of arbitration duties:

(a) The chairman is entitled to receive $35 per hour;

(b) A medical doctor or dentist panel member is entitled to receive $25 per hour;

(c) A health care provider, other than a medical doctor or dentist, is entitled to receive remuneration of $15 per hour; and

(d) A public member is entitled to receive remuneration of $10 per hour.

(3) In addition to the remuneration set forth in §D(2) of this regulation, each member of an arbitration panel is entitled to receive reimbursement for expenses incurred in transaction of the panel's business, according to the standard travel regulations adopted by the Board of Public Works.

E. Form of Award.

(1) Not more than 1 year after the last defendant was served, and within 10 days after the close of the hearing, the arbitration panel shall submit to the Director a written award, or the results of an application for modification, that concisely states the following information:

(a) With respect to each health care provider, that there is or there is not liability;

(b) If applicable, the amount of damages calculated under §C of this regulation;

(c) The responsibility for the arbitration costs and any apportionment of it made under §D of this regulation.

(2) The Director shall cause a copy of the award or the application for modification result and the arbitration costs amount to be mailed to each party not less than 15 days after receipt from the panel.

F. Settlements.

(1) At any time that a claim is open, the parties who agree on a settlement may submit the written settlement agreement to the Director or to the chairman.

(2) An arbitration panel may incorporate a settlement agreement in its award. However, a settlement agreement does not affect a party not participating in the agreement and does not prevent a panel determination of the issues involving those nonparticipating parties.

(3) An arbitration panel shall determine the amount of arbitration costs incurred before settlement, and may apportion the costs among the parties unless the settlement provides for payment of the costs. If there is not a full panel, the chairman shall make this decision.

G. Counsel Fees.

(1) If an arbitration panel finds that a party has acted in bad faith in asserting or defending a claim, it may require that party, or the party's attorney, or both, to pay the adverse party's costs, reasonable expenses, including attorneys' fees, or any portion of them, as a part of the award.

(2) Only if a legal fee is in dispute will it be approved by the arbitration panel, or by the court to which an appeal is taken.

Md. Code Regs. 01.03.01.12

Regulation .12D amended as an emergency provision effective August 25, 1980 (7:18 Md. R. 1732); adopted permanently effective November 14, 1980 (7:23 Md. R.2163)
Regulations .12 adopted effective June 3, 1996 (23:11 Md. R. 808)