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2021 Colorado Code
Title 25 - Public Health and Environment
Article 56 - Nondiscrimination Against Potential Organ Transplant Recipients
§ 25-56-105. Injunctive and Equitable Relief - Expedited Judicial Review - Limitations
Universal Citation: CO Code § 25-56-105 (2021)
- Whenever it appears that a covered entity has violated or is violating any of the provisions of this article 56, the affected individual may commence a civil action for injunctive or equitable relief against the covered entity for purposes of enforcing compliance. The action may be brought in district court for the county where the affected individual resides or resided or the district court for the county where the affected individual was denied the organ transplant or referral.
- In an action brought under this article 56, the court must give priority on its docket and expedited review and may grant injunctive or other equitable relief, including:
- Requiring auxiliary aids or services to be made available for a qualified recipient;
- Requiring the modification of a policy, practice, or procedure of a covered entity; or
- Requiring health-care facilities be made readily accessible to and usable by a qualified recipient.
- Nothing in this article 56 is intended to limit or replace available remedies under the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended, or any other applicable law.
- This article 56 does not create a right to compensatory or punitive damages against a covered entity.
History. Source: L. 2021: Entire article added, (HB 21-1169), ch. 99, p. 399, § 1, effective May 6.
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