Maryland § 11-809

§ 11-809.

    (a)    (1)    Except as provided in paragraphs (2), (3), and (4) of this subsection, a claimant shall file a claim within 4 years after the later of:

            (i)    the discovery of the occurrence of the crime or delinquent act or the death of the victim; or

            (ii)    the earlier of:

                1.    the date the claimant discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act; or

                2.    the date the claimant, exercising ordinary diligence, should have discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act.

        (2)    In a case of child abuse, a claimant may file a claim at any time.

        (3)    In a case where the filing of a claim was delayed as the result of a delay in the testing of DNA or a delay in DNA profile matching from a sexual assault forensic examination kit or biological material related to a sexual offense, a claimant shall file a claim within 4 years after notification of the results of the testing or DNA profile matching.

        (4)    A claimant may file a claim at any time if the Board determines that there was good cause for failure to file a claim within the time limits provided under paragraphs (1) and (3) of this subsection.

    (b)    (1)    Claims shall be filed in the office of the Board:

            (i)    in person;

            (ii)    by mail; or

            (iii)    electronically, in the manner provided under procedures established by the Board.

        (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 or other person eligible for benefits associated with a claim and threatening to refer the unpaid health care matter, funeral expense, or other death–related expense to a debt collection agency or 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 of the Courts Article and § 4–301(h) of the Health – General Article and persons that have provided funeral or death–related services in relation to the death of a victim, that have been given notice of a pending claim shall refrain from all debt collection activities relating to the claim until a final decision is made by the Executive Director 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 or funeral or death–related services 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 or person that has provided funeral or death–related services 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 or person that has provided funeral or death–related services notifies the Board under subparagraph (i) of this paragraph, the Board shall notify the health care provider or person that has provided funeral or death–related services 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 or person that has provided funeral or death–related services 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.