Text: SSB03118 Text: SSB03120 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 135C.37A CIVIL REMEDY – BREACH
1 2 OF CONFIDENTIALITY.
1 3 An aggrieved person may file a civil action for damages
1 4 against any person, agency, or other recipient who discloses
1 5 the identity of a complainant in violation of section 135C.37.
1 6 The court may award a person who prevails in such an action
1 7 actual and exemplary damages for each violation, in addition
1 8 to court costs and reasonable attorney fees. In no case shall
1 9 the award for damages be less than one hundred dollars.
1 10 EXPLANATION
1 11 This bill creates a private cause of action against any
1 12 person, agency, or other recipient for disclosing the identity
1 13 of a person who files a complaint against a health care
1 14 facility in violation of Code section 135C.37.
1 15 The bill provides that the court may award a person who
1 16 prevails in such an action not less than $100, in addition to
1 17 court costs and attorney fees. The court may also award
1 18 exemplary damages.
1 19 Code section 135C.1 defines "health care facility" as a
1 20 residential care facility, a nursing facility, an intermediate
1 21 care facility for persons with mental illness, or an
1 22 intermediate care facility for persons with mental
1 23 retardation.
1 24 LSB 6527SC 80
1 25 rh/cf/24.1
Text: SSB03118 Text: SSB03120 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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