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§ 2-609. Limitations, pleadings, and burden of proof for civil actions filed by State

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2010

West's Annotated Code of Maryland
Health--General
Title 2. Maryland Department of Health (Refs & Annos)
Subtitle 6. False Claims Against State Health Plans and State Health Programs (Refs & Annos)
Effective: October 1, 2010
MD Code, Health - General, § 2-609
§ 2-609. Limitations, pleadings, and burden of proof for civil actions filed by State
In general
(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.
Activities occurring prior to October 1, 2010
(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.
Filing or amending complaint by State
(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.
Relation back of State pleading
(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.
Burden of proof
(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.
Effect of guilty plea or verdict
(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.

Credits

Added by Acts 2010, c. 4, § 1, eff. Oct. 1, 2010.
MD Code, Health - General, § 2-609, MD HEALTH GEN § 2-609
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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