§ 20-6-206 — Injunctive relief

(a) An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of: (1) Pulaski County; (2) The county in which the healthcare provider has his or her practice located; (3) The county in which the affected patient resides; or (4) The county in which the entity is located. (b) Upon the filing of a complaint, the court may issue a temporary injunction on the violation without notice or bond. (c) If the plaintiff patient or plaintiff healthcare provider establishes that this subchapter has been violated, the court may enter an order permanently enjoining the violation of this subchapter or otherwise enforcing compliance with this subchapter. (d) A prevailing plaintiff healthcare provider shall be entitled to: (1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000); or (B) Actual damages; and (2) Reasonable attorney's fees and costs. (e) A prevailing plaintiff patient or plaintiff patients collectively, as named plaintiffs or as a putative or named class, shall be entitled to: (1) The greater of: (A) Liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, with a maximum of five hundred thousand dollars ($500,000) for all patients in any actions related to the same violation; or (B) Actual damages; and (2) Reasonable attorney's fees and costs. (f) A violation of this subchapter shall constitute an unfair and deceptive act or practice as defined under the Deceptive Trade Practices Act, § 4-88-101 et seq.

Legislative History

Amended by Act 2023, No. 830,§ 3, eff. 8/1/2023, app. to any pending cases accruing and filed before the effective date of this act.. Added by Act 2017, No. 754,§ 1, eff. 3/30/2017.