WILLIAM DONALD SCHAEFER, Governor                           Ch. 114

6-837.

A QUALIFIED OFFER SHALL BE TREATED AS AN OFFER OF COMPROMISE FOR
PURPOSES OF ADMISSIBILITY IN EVIDENCE, NOTWITHSTANDING THAT THE AMOUNT IS
NOT IN CONTROVERSY.

6-838.

(A)     AN OWNER OF AN AFFECTED PROPERTY THAT IS NOT IN COMPLIANCE
WITH THE PROVISIONS OF PART IV OF THIS SUBTITLE DURING THE PERIOD OF
RESIDENCY OF THE PERSON AT RISK IS PRESUMED TO HAVE FAILED TO EXERCISE
REASONABLE CARE WITH RESPECT TO LEAD HAZARDS DURING THAT PERIOD IN AN
ACTION SEEKING DAMAGES FOR ALLEGED INJURY OR LOSS CAUSED BY THE
INGESTION OF LEAD BY A PERSON AT RISK IN THE AFFECTED PROPERTY.

(B)     THE OWNER HAS THE BURDEN OF REBUTTING THE PRESUMPTION
ESTABLISHED UNDER SUBSECTION (A) OF THIS SECTION BY A PREPONDERANCE OF
THE EVIDENCE.

6-839.

(A)     WHENEVER A QUALIFIED OFFER IS MADE UNDER THIS PART, THE
QUALIFIED OFFER SHALL INCLUDE PAYMENT FOR REASONABLE EXPENSES AND
COSTS UP TO THE AMOUNT SPECIFIED IN § 6-840 OF THIS SUBTITLE FOR:

(1) THE RELOCATION OF THE HOUSEHOLD OF THE PERSON AT RISK TO
LEAD-SAFE HOUSING OF COMPARABLE SIZE AND QUALITY THAT MAY PROVIDE:

(I)      THE PERMANENT RELOCATION OF THE HOUSEHOLD OF THE
AFFECTED PERSON AT RISK TO LEAD-SAFE HOUSING, INCLUDING RELOCATION
EXPENSES, A RENT SUBSIDY, AND INCIDENTAL EXPENSES; OR

(II)     THE TEMPORARY RELOCATION OF THE HOUSEHOLD OF THE
AFFECTED PERSON AT RISK TO LEAD-SAFE HOUSING WHILE NECESSARY LEAD
HAZARD REDUCTION TREATMENTS ARE BEING PERFORMED IN THE AFFECTED
PROPERTY TO MAKE THAT AFFECTED PROPERTY LEAD-SAFE; AND

(2) MEDICALLY NECESSARY TREATMENT FOR THE AFFECTED PERSON
AT RISK AS DETERMINED BY THE TREATING PHYSICIAN OR OTHER HEALTH CARE
PROVIDER OR CASE MANAGER OF THE PERSON AT RISK THAT IS NECESSARY TO
MITIGATE THE EFFECTS OF LEAD POISONING, AS DEFINED BY THE DEPARTMENT BY
REGULATION, AND, IN THE CASE OF A CHILD, UNTIL THE CHILD REACHES THE AGE
OF 18 YEARS.

(B)     AN OFFEROR IS REQUIRED TO PAY REASONABLE EXPENSES FOR THE
MEDICALLY NECESSARY TREATMENTS UNDER SUBSECTION (A)(2) OF THIS SECTION
IF COVERAGE FOR THESE TREATMENTS IS NOT OTHERWISE PROVIDED BY THE
MARYLAND MEDICAL ASSISTANCE PROGRAM UNDER TITLE 15, SUBTITLE 1 OF THE
HEALTH - GENERAL ARTICLE OR BY A THIRD-PARTY HEALTH INSURANCE PLAN
UNDER WHICH THE AFFECTED PERSON AT RISK HAS COVERAGE OR IN WHICH THE
PERSON AT RISK IS ENROLLED.

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