Section 11-809 - Filing of claims. - Maryland Statutes

§ 11-809. Filing of claims.
 

(a)  Time of filing.-  

(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)  Place of filing; acceptance required.-  

(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)  Debt collection activities stayed pending final decision.-  

(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. 
 

[An. Code 1957, art. 27, § 820(b), (c), (d); 2001, ch. 10, § 2; 2004, ch. 299; 2006, ch. 69.]