Title V, SEC. 5237. PRIVATE RIGHT TO ENFORCE RESPONSIBILITIES OF ALLIANCES. 
      (a) In General. The failure of a regional alliance or a corporate 
    alliance to carry out a responsibility applicable to the alliance under 
    this Act confers an enforceable right of action on any person who is 
    aggrieved by such failure. Such a person may commence a civil action 
    against the alliance in an appropriate State court or district court of the 
    United States. 

      (b) Exhaustion of Remedies. 

        (1) In general. Except as provided in paragraph (2), in an action under 
      subsection (a) the court may not exercise jurisdiction until the 
      aggrieved person has exhausted any administrative remedies that may be 
      provided by law. 

        (2) No exhaustion required. In an action under subsection (a), the 
      court shall exercise jurisdiction without regard to whether the aggrieved 
      person has exhausted any administrative or other remedies that may be 
      provided by law if the action relates to 

          (A) whether the person is an eligible individual within the meaning 
        of section 1001(c); 

          (B) whether the person is eligible for a premium discount under 
        subpart A of part 1 of subtitle B of title VI; 

          (C) whether the person is eligible for a reduction in cost sharing 
        under subpart D of part 3 of subtitle D of title I; or 

          (D) enrollment or disenrollment in a health plan. 

      (c) Relief. In an action under subsection (a), if the court finds that a 
    failure described in such subsection has occurred, the aggrieved person may 
    recover compensatory and punitive damages and the court may order any other 
    appropriate relief. 

      (d) Attorney's Fees. In any action under subsection (a), the court, in 
    its discretion, may allow the prevailing party, other than the United 
    States, a reasonable attorney's fee (including expert fees) as part of the 
    costs, and the United States shall be liable for costs the same as a 
    private person.