(a) In serving as a conduit for payments under this article, qualified clinics are carrying out a state program. This article does not create a private right of action in any civil litigation against qualified clinics regarding the administration of the retention payment program and in the receipt and transmittal of retention payment program funds except as set forth in Section 14199.74.

(b) This article does not create a private right of action in any civil litigation or administrative proceeding against the state or the department or any other state agency or department.

Terms Used In California Welfare and Institutions Code 14199.75

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: means the State Department of Health Services. See California Welfare and Institutions Code 14062
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

(c) Notwithstanding any other law, retention payments paid out pursuant to Section 14199.72 are not wages as defined in § 200 of the Labor Code.

(d) Except as provided in Sections 1493 and 1494 of the Labor Code, and notwithstanding any other law, qualified clinics, the state, and the department and any other state agency or department shall not be liable for damages awarded under § 3294 of the Civil Code or Sections 2698 to 2699.5, inclusive, of the Labor Code, or other damages imposed primarily for the sake of example and by way of punishing the defendant, in any civil litigation related to the payments described in this article.

(Added by Stats. 2022, Ch. 738, Sec. 19. (AB 204) Effective September 29, 2022.)