(1) IN GENERAL.—A civil action for preventive 
relief, including an application for a permanent or 
temporary injunction, restraining order, or other 
order, may be instituted by an individual described 
in paragraph (2) in an appropriate Federal district 
court. 
(2) AGGRIEVED
INDIVIDUAL.—The remedies 
and procedures set forth in this section are the rem-
edies and procedures this Act provides to any indi-
vidual who is being subjected to a violation of this 
Act, or who has reasonable grounds for believing 
that such individual is about to be subjected to such 
a violation. 
(3) APPOINTMENT
OF
ATTORNEY; NO
FEES, 
COSTS, OR
SECURITY.—Upon application by the 
complainant described in paragraph (2) and in such 
circumstances as the court may determine to be just, 
the court may appoint an attorney for the complain-
ant and may authorize the commencement of such 
civil action without the payment of fees, costs, or se-
curity. 
(4) FUTILE GESTURE NOT REQUIRED.—Noth-
ing in this section shall require an individual with an 
LTSS disability to engage in a futile gesture if such 
person has actual notice that a public entity or 
VerDate Sep 11 2014 
23:00 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5689.IH
H5689
sradovich on DSK3GMQ082PROD with BILLS
LTSS insurance provider does not intend to comply 
with the provisions of this Act. 
(b) DAMAGES
AND INJUNCTIVE RELIEF.—If the 
court finds that a violation of this Act has occurred or 
is about to occur, the court may award to the complain-
ant— 
(1) actual and punitive damages; 
(2) immediate injunctive relief to prevent insti-
tutionalization; 
(3) as the court determines to be appropriate, 
any permanent or temporary injunction (including 
an order to immediately provide or maintain commu-
nity-based long-term services or supports for an in-
dividual to prevent institutionalization or further in-
stitutionalization), temporary restraining order, or 
other order (including an order enjoining the defend-
ant from engaging in a practice that violates this 
Act or ordering such affirmative action as may be 
appropriate); and 
(4) in an appropriate case, injunctive relief to 
require the modification of a policy, practice, or pro-
cedure, or the provision of an alternative method of 
providing LTSS, to the extent required by this Act. 
(c) ATTORNEY’S
FEES; LIABILITY
OF
UNITED 
STATES FOR COSTS.—In any action commenced pursuant 
VerDate Sep 11 2014 
23:00 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5689.IH
H5689
sradovich on DSK3GMQ082PROD with BILLS
to this Act, the court, in its discretion, may allow the party 
bringing a claim or counterclaim under this Act, other 
than the United States, a reasonable attorney’s fee as part 
of the costs, and the United States shall be liable for costs 
to the same extent as a private person. 
(d) ENFORCEMENT BY ATTORNEY GENERAL.— 
(1) DENIAL OF RIGHTS.— 
(A) DUTY TO INVESTIGATE.—The Attor-
ney General shall investigate alleged violations 
of this Act, and shall undertake periodic reviews 
of the compliance of public entities and LTSS 
insurance providers under this Act. 
(B) POTENTIAL
VIOLATION.—The Attor-
ney General may commence a civil action in any 
appropriate Federal district court if the Attor-
ney General has reasonable cause to believe 
that— 
(i) any public entity or LTSS insur-
ance provider, including a group of public 
entities or LTSS insurance providers, is 
engaged in a pattern or practice of viola-
tions of this Act; or 
(ii) any individual, including a group, 
has been subjected to a violation of this 
VerDate Sep 11 2014 
23:00 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5689.IH
H5689
sradovich on DSK3GMQ082PROD with BILLS
Act and the violation raises an issue of 
general public importance. 
(2) AUTHORITY OF COURT.—In a civil action 
under paragraph (1)(B), the court— 
(A) may grant any equitable relief that 
such court considers to be appropriate, includ-
ing, to the extent required by this Act— 
(i) granting temporary, preliminary, 
or permanent relief; and 
(ii) requiring the modification of a 
policy, practice, or procedure, or the provi-
sion of an alternative method of providing 
LTSS; 
(B) may award such other relief as the 
court considers to be appropriate, including 
damages to individuals described in subsection 
(a)(2), when requested by the Attorney General; 
and 
(C) may, to vindicate the public interest, 
assess a civil penalty against the public entity 
or LTSS insurance provider in an amount— 
(i) not exceeding $100,000 for a first 
violation; and 
(ii) not exceeding $200,000 for any 
subsequent violation. 
VerDate Sep 11 2014 
23:00 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H5689.IH
H5689
sradovich on DSK3GMQ082PROD with BILLS
(3) SINGLE VIOLATION.—For purposes of para-
graph (2)(C), in determining whether a first or sub-
sequent violation has occurred, a determination in a 
single action, by judgment or settlement, that the 
public entity or LTSS insurance provider has en-
gaged in more than one violation of this Act shall be 
counted as a single violation. 
SEC. 9. CONSTRUCTION. 
For purposes of construing this Act— 
(1) section 4(b)(11) shall be construed in a 
manner that takes into account its similarities with 
section 302(b)(2)(A)(ii) of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12182(b)(2)(A)(ii)); 
(2) the first sentence of section 6(b)(5)(A) shall 
be construed in a manner that takes into account its 
similarities with section 35.105(a) of title 28, Code 
of Federal Regulations (as in effect on the day be-
fore the date of enactment of this Act), or a suc-
cessor regulation; 
(3) section 7 shall be construed in a manner 
that takes into account its similarities with section 
807(a) of the Civil Rights Act of 1968 (42 U.S.C. 
3607(a)); 
(4) section 8(a)(2) shall be construed in a man-
ner that takes into account its similarities with sec-
VerDate Sep 11 2014 
23:00 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H5689.IH
H5689
sradovich on DSK3GMQ082PROD with BILLS
tion 308(a)(1) of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12188(a)(1)); and 
(5) section 8(d)(1)(B) shall be construed in a 
manner that takes into account its similarities with 
section 308(b)(1)(B) of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12188(b)(1)(B)). 
Æ 
VerDate Sep 11 2014 
23:00 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6301
E:\BILLS\H5689.IH
H5689
sradovich on DSK3GMQ082PROD with BILLS