Md. Code Ann., Cts. & Jud. Proc. § 5-1104
Transfer of structured settlement payment rights relating to compensation for cognitive injuries
Effective Oct 1, 2016Added by Acts 2016, c. 721, § 2, eff. Oct. 1, 2016; Acts 2016, c. 722, § 2, eff. Oct. 1, 2016.State of Maryland
(a) If, in any proposed transfer of structured settlement payment rights, the structured settlement was established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the transferee shall:
- (1) Notify the court, in the petition filed under this subtitle, that the payee may be cognitively impaired;
- (2) Attach to the petition a copy of any complaint that was pending when the structured settlement was established; and
- (3) Identify any allegations or statements in the complaint that describe the nature, extent, or consequences of the payee's cognitive injuries.
(b)
- (1) In determining whether to authorize a transfer of structured settlement payment rights involving a structured settlement established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the court shall consider whether to appoint a guardian ad litem for the payee or to require the payee to be examined by an independent mental health specialist designated by the court.
- (2) The transferee shall be responsible for the payment of any fees of a guardian ad litem or an independent mental health specialist appointed or designated by the court under this subsection, as set forth in a billing statement specifying to the tenth of an hour the amount of work performed and a reasonable hourly fee for the work.
Added by Acts 2016, c. 721, § 2, eff. Oct. 1, 2016; Acts 2016, c. 722, § 2, eff. Oct. 1, 2016.