Montana Code 49-4-604. Enforcement
49-4-604. Enforcement. (1) A person claiming to be aggrieved by a violation of any provision of this part may file a civil action for injunctive and other equitable relief against the covered entity in the district court for the county where the affected person resides or the county where the alleged violation occurred.
Terms Used In Montana Code 49-4-604
- Auxiliary aids or services: means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. See Montana Code 49-4-602
- Covered entity: means :
(a)a licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or
(b)an entity responsible for matching anatomical gift donors to potential recipients. See Montana Code 49-4-602
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Docket: A log containing brief entries of court proceedings.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Qualified recipient: means a person who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:
(a)individuals or entities available to support and assist the person with an anatomical gift or transplantation;
(b)auxiliary aids or services; or
(c)reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:
(i)communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or
(ii)consideration of support networks available to the person, including family, friends, and home and community-based services, including home and community-based services funded through medicaid, medicare, another health plan in which the person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements. See Montana Code 49-4-602
(2)In an action brought under this part, the court may grant injunctive or other equitable relief, including:
(a)requiring auxiliary aids or services to be made available for the recipient;
(b)requiring the modification of a policy, practice, or procedure of a covered entity; or
(c)requiring facilities to be made accessible to and usable by a qualified recipient.
(3)The court shall give priority on its docket and an expedited review.
(4)Nothing in this part is intended to limit or replace other remedies available under federal or other law.
(5)This part does not create a right to compensatory or punitive damages against a covered entity.