Civil actions against covered entities.

Checkout our iOS App for a better way to browser and research.

A. Whenever it appears that a covered entity has violated or is in violation of any of the provisions of this act, 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 act. The action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral.

B. In an action brought under this act, the court shall give priority on its docket and expedited review, and may grant injunctive or other equitable relief including:

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; or

3. Requiring facilities be made readily accessible to and usable by a qualified recipient.

C. Nothing in this act is intended to limit or replace available remedies under the Americans with Disabilities Act or any other applicable law.

D. This act does not create a right to compensatory or punitive damages against a covered entity.

Added by Laws 2021, c. 87, § 4, eff. Nov. 1, 2021.


Download our app to see the most-to-date content.