§ 40-8.2-12. Injunctive relief and civil penalties.
(a) The superior court of this state shall have jurisdiction to prevent and restrain violations of this chapter. In addition to granting prohibitory injunctive and other restraints for a period of time and upon terms and conditions necessary to deter a provider from, and ensure against, the committing of future violations of this chapter, the court may grant injunctive relief reasonably necessary to dissipate the ill effects of the violation. The court may issue appropriate decrees upon consent and stipulation by the parties. The court may also issue restraining orders. Under no circumstances shall the state be required to post bond in any action hereunder.
(b) Attorney general — Right to injunctive relief. The attorney general may institute proceedings to prevent and restrain violations of this chapter as provided in subsection (a).
(c) Other persons — Right to injunctive relief. Any person, including the United States, may institute proceedings for injunctive relief, temporary or permanent, as provided in subsection (a) against threatened loss or damage to his or her property or business by a violation of this chapter. A preliminary injunction may be issued upon a showing that the danger of irreparable loss or damage is immediate and, within the court’s discretion, the execution of property bond against damages for an injunction improvidently granted. If the court issues a permanent injunction, the plaintiff shall be awarded reasonable attorney’s fees, filing fees, and reasonable costs of the suit. Reasonable costs for the suit may include, but shall not be limited to, the expenses of discovery and document reproduction.
(d) Civil penalty. In addition to injunctive relief authorized pursuant to subsection (a), any person who violates this chapter may be liable for a civil penalty in a suit by the attorney general of this state of not more than one thousand dollars ($1,000) for each violation.
History of Section.P.L. 1982, ch. 424, § 1.
Structure Rhode Island General Laws
Chapter 40-8.2 - Medical Assistance Fraud
Section 40-8.2-1. - Short title.
Section 40-8.2-2. - Definitions.
Section 40-8.2-3. - Prohibited acts.
Section 40-8.2-4. - Statute of limitations.
Section 40-8.2-5. - Civil remedy.
Section 40-8.2-7. - False statements made to gain certification.
Section 40-8.2-9. - Damages for overcharges.
Section 40-8.2-10. - Other civil remedies and criminal penalties.
Section 40-8.2-11. - Barring or suspending participation in program.
Section 40-8.2-12. - Injunctive relief and civil penalties.
Section 40-8.2-13. - Consent decrees.
Section 40-8.2-14. - Investigative demand.
Section 40-8.2-15. - Consistency with Confidentiality of Health Care Information Act.
Section 40-8.2-17. - Stays and review of revocation orders.
Section 40-8.2-18. - Filing and enforcement of administrative decision.
Section 40-8.2-19. - Certification as a provider — Revocation or suspension of certification.
Section 40-8.2-20. - Eligibility for certification.
Section 40-8.2-21. - Suspension of payments to a provider.
Section 40-8.2-22. - Interest on overcharges.
Section 40-8.2-23. - Use of Medicaid funds for anti-union purposes prohibited.