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ARA Health Services, Inc., d/b/a Correctional Medical Services v. Department of Public Safety and Correctional Services - No. 138, 1995 Term SOVEREIGN IMMUNITY - CONTRACTS -- Sovereign immunity precludes contractor, under contract approved by Board of Public Works, to recover for alleged modifications that were not approved by Board of Public Works.

IN THE COURT OF APPEALS OF MARYLAND No. 138 September Term, 1995 ___________________________________ ARA HEALTH SERVICES, INC., D/B/A CORRECTIONAL MEDICAL SYSTEMS v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES ___________________________________ *Murphy, C.J. Eldridge Rodowsky Chasanow Karwacki Bell Raker JJ. ___________________________________ Per Curiam ___________________________________ Filed: November 26, 1996

*Murphy, C.J., now retired, participated in the hearing and conference of this case while an active member of this Court, after being recalled pursuant to the Constitution, Article IV, Section

3A, he also participated in the decision and the adoption of the opinion.

This case involves a contract dispute between the State, acting through the Department of Public Safety and Correctional Services (the Department), and ARA Health Services Inc., d/b/a Correctional Medical Systems (CMS). The question presented is

whether CMS's claim for additional compensation under a health services contract with the Department is barred by the doctrine of sovereign immunity. CMS contends that the waiver of immunity

codified at Maryland Code (1984, 1995 Repl. Vol.), State Government Article,

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