§ 17-80-505 — Civil remedies

(a) (1) A civil action for damages or injunctive relief, or both, may be brought by a medical practitioner, healthcare institution, or healthcare payer for a violation of this subchapter. (2) A claim that the violation of this subchapter was necessary to prevent an additional burden or expense on another medical practitioner, healthcare institution, healthcare payer, or individual, including without limitation a patient, is not an affirmative defense. (b) (1) (A) Upon a finding of a violation of this subchapter, the aggrieved party shall be entitled to recover three (3) times the amount of any damages incurred, including without limitation damages related to: (i) The cost of the civil action; and (ii) Reasonable attorney's fees. (B) The total amount of damages shall not be less than five thousand dollars ($5,000) for each violation in addition to the costs of the civil action and reasonable attorney's fees. (2) Damages shall be cumulative and are not exclusive of other remedies that may be afforded under state or federal law. (c) A court may award injunctive relief, including without limitation ordering the reinstatement of a medical practitioner to his or her prior employment position or board certification or relicensure of a healthcare institution or healthcare payer.

Legislative History

Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.