2013 Maryland Code
CRIMINAL PROCEDURE
§ 11-809 - Filing of claims

§11-809.

(a) (1) A claimant shall file a claim not later than 3 years after the occurrence of the crime or delinquent act or the death of the victim.

(2) In a case of child abuse, a claimant may file a claim up to 3 years after the claimant knew or should have known of the child abuse.

(b) (1) Claims shall be filed in the office of the Board in person or by mail.

(2) The Board shall:

(i) accept for filing each claim that meets the requirements of this subtitle and the regulations of the Board; and

(ii) notify the claimant within 10 days after receipt of the claim.

(c) (1) (i) In this subsection, “debt collection activities” means:

1. repeatedly calling or writing to a claimant and threatening to refer the unpaid health care matter to a debt collection agency or to an attorney for collection; or

2. filing a legal action or pursuing any legal process or legal proceeding.

(ii) “Debt collection activities” does not include routine billing or inquiries about the status of the claim.

(2) When a claimant files a claim under this subtitle, all health care providers, as defined in § 3-2A-01(e) of the Courts Article and in § 4-301(g) of the Health - General Article, that have been given notice of a pending claim shall refrain from all debt collection activities relating to health care, as defined in § 4-301(f) of the Health - General Article, received by the claimant in connection with a claim until a final decision is made by the Secretary on the claim.

(3) On filing by a party of a notice of a claim filed under this subtitle, a court shall stay all proceedings in an action related to health care provided to a claimant in connection with the claim until the court is notified that a final decision on the claim has been made.

(4) Claimants under this subtitle are protected under the Maryland Consumer Debt Collection Act in Title 14, Subtitle 2 of the Commercial Law Article.

(5) (i) A health care provider who receives notice that a claim has been filed under this subtitle may notify the Board in writing of the debt owed by the claimant in connection with the claim.

(ii) If a health care provider notifies the Board under subparagraph (i) of this paragraph, the Board shall notify the health care provider in writing when a final decision is made on the claim.

(6) After a final decision on the claim under this subtitle, a health care provider that has received notice of a pending claim under this subtitle may engage in debt collection activities or file a civil action in court until the later of:

(i) the expiration of the time for filing a civil action in court; or

(ii) 6 months after the date of the final decision on the claim under this subtitle.