2006 Louisiana Laws - RS 46:437.6 — Injunctive relief; lis pendens; disclosure of property and liabilities

§437.6.  Injunctive relief; lis pendens; disclosure of property and liabilities

A.(1)  Concurrently with a withholding of payment, a sanction being imposed, or the institution of a criminal, civil, or departmental proceeding against a health care provider or other person, the secretary or the attorney general may bring an action for a temporary restraining order or injunction under Code of Civil Procedure Articles 3601 through 3613 to prevent a health care provider or other person from whom recovery may be sought from transferring property or to protect the business.

(2)  To obtain such relief, the secretary or the attorney general shall demonstrate all necessary requirements for the relief to be granted.

(3)  If an injunction is granted, the court may appoint a receiver to protect the property and business of the health care provider or other person from whom recovery may be sought.  The court shall assess the cost of the receiver to the nonprevailing party.

B.  Pursuant to Code of Civil Procedure Articles 3751 through 3753, the secretary or the attorney general may place a notice of pendency of action, lis pendens, on the property of a health care provider or other person during the pendency of a criminal, civil, or departmental proceeding.

C.  When requested by the court, the secretary, or the attorney general, a health care provider or other person from whom recovery may be sought shall have an affirmative duty to fully disclose all property and liabilities to the requester.

Acts 1997, No. 1373, §1.