extend the time for filing the expert certificate and/or report upon a showing of good cause under § 3-2A-04(b)(5). In addressing this argument, the court noted that “the code is silent regarding the time requirement, if any.” Id. The plaintiffs had filed with the HCAO a supplemental expert report specifically naming the health care providers, and stating that they had departed from the applicable standard of care. The court declined to dismiss the complaint, stat- ing: “Because the code allows extensions of time for good cause shown, the cer- tificate filing requirement is not subject to a rigid time table.” Id.
Length of Extension The statute fails to address the length
of time which may be granted for a good cause extension. In McCready, the court stated that the “good cause” extension provisions found in §§ 3-2A-04(b)(5) and 3-2A-05(j) “do not expressly limit the length of any extension.” 330 Md. at 508, 624 A.2d at 1255. However, the court stated: “Presumably, the length of the extension, if granted, would be based on the nature of the ‘good cause’ shown.” Id. See also Navarro-Monzo, 380 Md. at 203, 844 A.2d at 411. The court in McCready observed, in
a footnote, that “extensions longer than ninety days are permissible” under the “good cause” extension provisions in §§ 3-2A-04(b)(5) or 3-2A-05(j). 330 Md. at 512 n. 6, 624 A.2d at 1256 n. 6. In addition, it appears that a “good cause” extension may be for a period beyond 180 days: “In contrast to the ‘good cause’ extensions under §§ 3-2A- 04(b)(5) and 3-2A-05(j), subparagraph (b)(1)(ii) gives claimants in a limited set of circumstances up to 180 days to file an expert’s certificate without the need to prove ‘good cause’.” 330 Md. at 511, 624 A.2d at 1256. In Navarro-Monzo, the court ex-
pounded on the length of time: “[I]n § 3-2A-04(b)(5) [the statute] has pro- vided that an extension without any fixed statutory limit shall be granted by the Director or panel chairman for good cause shown. And finally, in § 3-
Summer 2007 Trial Reporter
2A-05(j), it has allowed either of those persons to lengthen the time for filing the certificate, again without any fixed limitation.” 380 Md. at 204-05, 844 A.2d at 412 (emphasis in original). The court proceeded to refer to a “good cause” extension as “the right to grant indeter- minate extensions.” Id. The court made it clear that “the Director and panel chairman retain the authority to grant a further extension, beyond 180 days from filing of the claim, upon a showing of good cause.” Id.
What Constitutes “Good Cause” Neither the statute, nor cases directly
interpreting it, define what constitutes “good cause.” “Good cause” has been defined in numerous Maryland appellate cases in other contexts. Those cases are not reviewed here.
Deference to Determination of “Good Cause” The statute fails to define what con- stitutes “good cause.” However, the
HCAO/HCADRO is an administrative agency, whose discretionary decision regarding “good cause” is entitled to deference: Although the arbitration process
itself is not in the nature of an administrative remedy, HCAO is an administrative agency within the Executive Branch of the State Government (see CJP § 3-2A-03), and therefore its Director, in ad- ministering that office, acts as an administrative official. In reviewing the administrative decisions of the Director, we must afford at least the same deference that we afford to other administrative agencies in making discretionary decisions ….
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Navarro-Monzo v. Washington Adventist Hospital, 380 Md. 195, 205, 844 A.2d 406, 412 (2004). See also Larson v. Peninsula Regional Medical Center, 993 F. Supp. 373, 374 (D. Md. 1998) (“This Court will not second-guess the panel chairman’s determination of good cause.”)
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