Title V, SEC. 5238. DISCRIMINATION CLAIMS. (a) Civil Action by Aggrieved Person. (1) In general. Any person who is aggrieved by the failure of a health plan to comply with section 1402(c) may commence a civil action against the plan in an appropriate State court or district court of the United States. (2) Standards. The standards used to determine whether a violation has occurred in a complaint alleging discrimination under section 1402(c) shall be the standards applied under the Age Discrimination Act of 1973 (42 U.S.C. 6102 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (3) Relief. In an action under paragraph (1), if the court finds that the health plan has failed to comply with section 1402(c), the aggreived person may recover compensatory and punitive damages and the court may order any other appropriate relief. (4) Attorney's fees. In any action under paragraph (1), 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. (c) Action by Secretary. Whenever the Secretary of Health and Human Services finds that the health plan has failed to comply with section 1402(c), or with an applicable regulation issued under such section, the Secretary shall notify the plan. If within a reasonable period of time the health plan fails or refuses to comply, the Secretary may (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) terminate the participation of the health plan in an alliance; or (3) take such other action as may be provided by law. (d) Action by Attorney General. When a matter is referred to the Attorney General under subsection (c)(1), the Attorney General may bring a civil action in a district court of the United States for such relief as may be appropriate, including injunctive relief. In a civil action under this section, the court (1) may grant any equitable relief that the court considers to be appropriate; (2) may award such other relief as the court considers to be appropriate, including compensatory and punitive damages; and (3) may, to vindicate the public interest when requested by the Attorney General, assess a civil money penalty against the health plan in an amount (A) not exceeding $50,000 for a first violation; and (B) not exceeding $100,000 for any subsequent violation.