§ 40:1170.4 — Enforcement; civil actions against covered entities; construction of Section

Louisiana § 40:1170.4

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1170.4. Enforcement; civil actions against covered entities; construction of Section
A. Whenever an individual believes that a covered entity has violated or is violating
any provision of R.S. 40:1170.3, the affected individual may commence a civil action for
injunctive and other equitable relief against the covered entity for purposes of enforcing
compliance with this Subpart. The action may be brought in the district court for the parish
where the affected individual resides or resided or was denied the organ transplant or referral.
B. In an action brought under this Section, the court shall give the action priority on
its docket and expedited review, and may grant injunctive or other equitable relief including
by any of the following means:
(1) Requiring auxiliary aids or services to be made available for a qualified recipient.
(2) Requiring the modification of a policy, practice, or procedure of a covered entity.
(3) Requiring that facilities be made readily accessible to and usable by a qualified
recipient.
C. Nothing in this Section is intended to limit or replace available remedies under
the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), or any
other applicable law.
D. This Section shall not be construed as creating a right to compensatory or punitive
damages against a covered entity.

Legislative History

Acts 2019, No. 57, §3, eff. May 30, 2019.