State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_56

§ 90‑21.56.  Remedies.

(a)        Except as provided in G.S. 90‑21.52(b), an insured orenrollee who has been found to have been harmed by the managed care entitypursuant to an action brought under this Article may recover actual or nominaldamages and, subject to the provisions and limitations of Chapter 1D of theGeneral Statutes, punitive damages.

(b)        This Article does not limit a plaintiff from pursuing anyother remedy existing under the law or seeking any other relief that may beavailable outside of the cause of action and relief provided under thisArticle.

(c)        The rights conferred under this Article as well as anyrights conferred by the Constitution of North Carolina or the Constitution ofthe United States may not be waived, deferred, or lost pursuant to any contractbetween the insured or enrollee and the managed care entity that relates to adispute involving a health care decision. Arbitration or mediation may be usedto settle the controversy if, after the controversy arises, the insured orenrollee, or the estate of the insured or enrollee, voluntarily and knowinglyconsents in writing to use arbitration or mediation to settle the controversy. (2001‑446, s. 4.7.)