Section 11-809 - [Effective 7/1/2025] Filing of claims(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; or2. 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: (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; or2. 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.Amended by 2024 Md. Laws, Ch. 705,Sec. 1, eff. 7/1/2025.Amended by 2019 Md. Laws, Ch. 378, Sec. 2, eff. 1/1/2020.Amended by 2019 Md. Laws, Ch. 145, Sec. 1, eff. 10/1/2019.Amended by 2014 Md. Laws, Ch. 200, Sec. 1, eff. 10/1/2014.This section is set out more than once due to postponed, multiple, or conflicting amendments.