- (a) In addition to any remedies a consumer may have at law or in equity, any violation of this chapter is an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.
- (b) Any consumer may sue for injunctive or other appropriate equitable relief to enforce this chapter.
- (c) The remedies provided in this section are not intended to be the exclusive remedies available to a consumer nor must the consumer exhaust any administrative remedies provided under this chapter or any other applicable law.
(d) No agreement between the patient and a large health-care provider or medical debt collector may contain a provision that, prior to a dispute arising, waives or inhibits or has the practical effect of waiving or inhibiting any rights under this chapter or the rights of a patient to resolve that dispute by obtaining any of the following:
- (1) Injunctive, declaratory, or other equitable relief.
- (2) Multiple or minimum damages as specified by statute.
- (3) Attorneys’ fees and costs as specified by statute or as available at common law.
- (4) A hearing at which that party can present evidence.
- (5) Requiring any form of alternative dispute resolution, including arbitration.
- (e) Any provision in a written agreement violating subsection (d) of this section or any other provision of this chapter is void and unenforceable. A court may refuse to enforce any written agreement as equity may require.
84 Del. Laws, c. 198, § 1