Nebraska Statutes 71-9305. Attorney General; enforcement; powers; civil action; civil penalty; damages
(1) When the Attorney General has cause to believe that any provider of home care services is violating the Home Care Consumer Bill of Rights Act, the Attorney General may enforce the act.
Terms Used In Nebraska Statutes 71-9305
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Oath: A promise to tell the truth.
- Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
(2) For purposes of the act, the Attorney General may:
(a) Require a provider of home care services to file a statement or report in writing under oath or otherwise as to all facts and circumstances concerning the provision of home care services to the home care consumer;
(b) Examine under oath any person in connection with the provision of home care services;
(c) Examine any property or sample thereof, record, book, document, account, or paper as the Attorney General deems necessary; and
(d) Issue subpoenas to require the attendance of witnesses or the production of documents.
(3) The Attorney General may bring a civil action in the district court of any county in which a violation occurred, or in Lancaster County, seeking injunctive relief and a monetary award for civil penalties, attorney’s fees, and costs. Any person who violates the act shall be subject to a civil penalty of not more than two thousand dollars for each violation.
(4) The Attorney General may also seek and recover actual damages for each health care consumer injured by a violation of the act.