Section 1285 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1285
. (a) No patient shall be detained in a health facility solely
for the nonpayment of a bill.
(b) For the purposes of this section, "detained" means the
intentional confinement of a patient in a health facility without
authorization of the patient or any other person who may be
authorized to provide consent to care on behalf of the patient.
(c) Any person who is detained in a health facility solely for the
nonpayment of a bill has a cause of action against the health
facility for the detention, which may be brought by that person or
that person's parent, guardian, conservator, or other legal
representative.
The cause of action may be brought against the health facility,
proprietor, lessee or their agents, or against any person,
corporation, association, or directors thereof. Any person who has
been detained in a health facility, solely for the nonpayment of a
bill, who has brought an action for the detention, may recover
general and punitive damages, court costs, and reasonable attorney's
fees actually incurred and any other relief which the court in its
discretion may allow.
(d) Violation of subdivision (a) is a misdemeanor punishable as
prescribed in Section 1290.