2013 Maryland Code
HEALTH - GENERAL
§ 2-609 - Procedural matters
§2-609.
(a) A civil action filed under this subtitle may not be filed after the later of:
(1) 6 years after the date on which the underlying violation of § 2-602(a) of this subtitle occurred; or
(2) 3 years after the date when facts material to the right of action are known by the relator, the State’s Inspector General, or the Director of the State’s Medicaid Fraud Control Unit or reasonably should have been known, but in no event more than 10 years after the date on which the underlying violation of § 2-602(a) of this subtitle is committed.
(b) A civil action may be filed under this subtitle for activity that occurred prior to October 1, 2010, if the limitations period under subsection (a) of this section has not lapsed.
(c) If the State elects to intervene and proceed with an action brought under this subtitle, the State, through the office of the Attorney General, may:
(1) File its own complaint; or
(2) Amend the complaint of the person who brought the action to clarify, add detail to the complaint, or add additional claims to the complaint.
(d) To the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth by a person, a State pleading relates back to the filing date of the complaint of the person who originally brought the action.
(e) In an action filed under this subtitle, all essential elements of the cause of action, including damages, shall be proven by a preponderance of the evidence.
(f) Notwithstanding any other provision of law or rule of procedure or evidence in the Maryland Rules, a final judgment rendered in favor of the State in any criminal proceeding charging fraud or false statements, whether on a verdict after trial or on a plea of guilty or nolo contendere, shall stop the defendant from denying the essential elements of the offense in any action filed under this subtitle that involves the same act, transaction, or occurrence as in the criminal proceeding.
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