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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-1104" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="11" subtitle_name="Structured Settlements">
  <level label="a">
    <text>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:</text>
    <level label="1">
      <text>Notify the court, in the petition filed under this subtitle, that the payee may be cognitively impaired;</text>
    </level>
    <level label="2">
      <text>Attach to the petition a copy of any complaint that was pending when the structured settlement was established; and</text>
    </level>
    <level label="3">
      <text>Identify any allegations or statements in the complaint that describe the nature, extent, or consequences of the payee’s cognitive injuries.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
