6 Del. C. § 2511J: Remedies [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

(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.

(f) In any civil action to collect medical debt from a patient, it is a complete defense that the “hospital” or the “facility-based provider,” as defined in § 9961 of Title 16, did not comply with subchapter VII of Chapter 99 of Title 16 or that the patient is eligible for financial assistance under subchapter VII of Chapter 99 of Title 16.

(g) A hospital, facility-based provider, or medical debt collector may not be granted a default judgment in any civil action to collect medical debt without filing with the court an affidavit from a responsible officer of the hospital attesting that the hospital offered the patient screening for financial assistance under subchapter VII of Chapter 99 of Title 16 before initiating the action and that the patient was determined ineligible or did not respond to the screening offer.