B.__If the panel findings as to any question under section 2855 are unanimous and unfavorable to the claimant, the findings are admissible in any subsequent court action for professional negligence against the person accused of professional negligence by the claimant based on the same set of facts upon which the notice of claim was filed.__The findings are admissible only against the claimant.

The confidentiality provisions of this section do not apply if the findings were influenced by fraud.

Sec. 10. 24 MRSA §2858, as enacted by PL 1985, c. 804, §§12 and 22, is repealed.

Sec. 11. Application. Notwithstanding the Maine Revised Statutes, Title 1, section 302, the following provisions of this Act apply to pending actions for professional negligence for which a hearing before a panel has not been held as of the effective date of this Act:

1. That section of this Act that repeals and replaces Title 24, section 2854;

2. That section of this Act that amends Title 24, section 2855, subsection 1;

3. That section of this Act that repeals Title 24, section 2855, subsection 2;

4. That section of this Act that enacts Title 24, section 2855, subsection 3;

5. That section of this Act that repeals and replaces Title 24, section 2857, subsection 1; and

6. That section of this Act that repeals Title 24, section 2858.

SUMMARY

This bill expedites and reduces costs related to the operation of prelitigation screening panels under the Maine Health Security Act. The bill provides that, unless the plaintiff has requested that a time period be extended, the hearing may be bypassed completely if it has not been held within