Administrative enforcement -- Court action

(1) (a) A health care provider may file a complaint with the Division of Professional Licensing alleging a violation of this part by another health care provider. (b) The Division of Professional Licensing may: (i) investigate a complaint described in Subsection (1)(a); (ii) take action, as provided in Section 58-1-501, against a health care provider who violates a provision of this part; or (iii) bring a legal action in a court with jurisdiction against a health care provider who violates a provision of this part. (c) If the Division of Professional Licensing does not investigate and take action under Subsection (1)(b), the health care provider that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part. (d) If the Division of Professional Licensing brings a legal action under Subsection (1)(c), or a health care provider brings a legal action under Subsection (1)(c), the person who brings the action: (i) may seek, as a remedy for the alleged violation of this part, injunctive relief or damages; and (ii) if the person prevails in the action, is entitled to an award for reasonable attorney fees and costs. (2) (a) A health care provider may file a complaint with the Department of Health and Human Services alleging a violation of this part by a health care institution. (b) The Department of Health and Human Services shall investigate a complaint described in Subsection (2)(a) and take action, under Title 26B, Chapter 2, Licensing and Certifications, against a health care institution that violates this part, or may bring a legal action in a court with jurisdiction against a health care institution that violates this part, to: (i) enforce the provisions of this part; and (ii) if applicable, impose a penalty for the violation. (c) If the Department of Health and Human Services fails to investigate and take action under Subsection (2)(b), the health care provider that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part. (d) If the Department of Health and Human Services brings a legal action under Subsection (2)(b), or a health care provider brings a legal action under Subsection (2)(c), the person who brings the action: (i) may seek, as a remedy for the alleged violation of this part, injunctive relief or damages; and (ii) if the person prevails in the action, is entitled to an award for reasonable attorney fees and costs.