Current through the 2024 Regular Session
Section 43-6-259 - Violations of article provisions(1) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, 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 article. The action may be brought in the circuit or county court for the county where the affected individual resides or resided or was denied the organ transplant or referral.(2) In an action brought under this article, the court must give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including: (a) Requiring auxiliary aids or services to be made available for a qualified recipient;(b) Requiring the modification of a policy, practice or procedure of a covered entity; or(c) Requiring facilities be made readily accessible to and usable by a qualified recipient.(3) Nothing in this article is intended to limit or replace available remedies under the ADA or any other applicable law.(4) This article does not create a right to compensatory or punitive damages against a covered entity.Added by Laws, 2022, ch. 306, HB 20,§ 5, eff. 3/3/2022.