Sec. 01.03.01.17. Unilateral Waiver of Arbitration

A. Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any health care provider as stated in this regulation.

B. Waiver by Claimant.

(1) Subject to the time limitations in §D of this regulation, a claimant may waive arbitration, at any time after filing the certificate of merit in accordance with Regulation .03F of this chapter, by filing a written election to waive arbitration with the Director.

(2) The claimant shall serve the written election to waive arbitration on all parties in accordance with Maryland Rules of Procedure.

(3) If the claimant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificate of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court.

C. Waiver by Defendant.

(1) Subject to the time limitations in §D of this regulation, a defendant may waive arbitration at any time after the claimant has filed a certificate of merit in accordance with Regulation .03F of this chapter by filing a written election to waive arbitration with the Director.

(2) The defendant shall serve the written election to waive arbitration on all parties in accordance with the Maryland Rules of Procedure.

(3) If the defendant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificates of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court.

D. Unilateral Waiver Limitations.

(1) A written election to waive arbitration under this regulation, filed by a party, may not be filed later than 60 days after all defendants have filed a certificate of merit in accordance with Regulation .03F of this chapter.

(2) A written election to waive arbitration filed after this date shall be in accordance with Regulation .16 of this chapter.

E. After filing the written election to waive arbitration, the Director shall file an order of transfer with the appropriate circuit court which shall be binding upon all parties.

F. Filing Complaint with Circuit Court.

(1) Within 60 days of the filing of a written election to waive arbitration by a party, the claimant shall file a complaint and a copy of the election to waive arbitration in the appropriate circuit court or United States District Court.

(2) After filing the complaint, the claimant shall serve a summons and a copy of the complaint on all parties.

(3) Failure to file a complaint within 60 days of filing the written election to waive arbitration may be grounds for dismissal of the complaint, if:

(a) A motion by an opposing party is filed; and

(b) There is a finding of prejudice to the opposing party because of the delay in filing the complaint.

G. After the filing of a written election to waive arbitration under this regulation, if a party adds an additional defendant as a party in a complaint, the party shall file a certificate of merit in accordance with Regulation .03F of this chapter with respect to the additional defendant.

H. In any case subject to this regulation, the procedures of Regulation .16 of this chapter apply.