ORS 179.507
Enforcement of ORS 179.495 and 179.505
- actions
- venue
- damages
(1)
Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action for equitable relief in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (Disclosure of written accounts by health care services provider) (2) are kept for the purpose of requiring compliance with ORS 179.495 (Disclosure of written accounts of adult in custody) and 179.505 (Disclosure of written accounts by health care services provider). In an action brought under this section, the court shall order payment of reasonable attorney fees at trial and on appeal and actual costs and disbursements to the prevailing party.(2)
Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (Disclosure of written accounts by health care services provider) (2) are kept for damages for any violation of ORS 179.495 (Disclosure of written accounts of adult in custody) or 179.505 (Disclosure of written accounts by health care services provider) and to restrain future violations. If a violation of ORS 179.495 (Disclosure of written accounts of adult in custody) or 179.505 (Disclosure of written accounts by health care services provider) is proven, the person commencing the action shall recover actual damages or $500, whichever is greater. Upon a showing of an intentional violation of ORS 179.495 (Disclosure of written accounts of adult in custody) or 179.505 (Disclosure of written accounts by health care services provider), the individual may receive punitive damages. The prevailing party in an action brought under this subsection shall receive reasonable attorney fees at trial and on appeal and costs and disbursements actually incurred. [1977 c.812 §4; 1979 c.284 §120; 1981 c.897 §39; 2003 c.88 §3]
Source:
Section 179.507 — Enforcement of ORS 179.495 and 179.505; actions; venue; damages, https://www.oregonlegislature.gov/bills_laws/ors/ors179.html
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