Title V, SEC. 5240. CIVIL ACTION BY ESSENTIAL COMMUNITY PROVIDER. 
      (a) In General. An electing essential community provider (as defined in 
    section 1431(d)) who is aggrieved by the failure of a health plan to 
    fulfill a duty imposed on the plan by section 1431 may commence a civil 
    action against the plan in an appropriate State court or district court of 
    the United States. 

      (b) Relief. In an action under subsection (a), if the court finds that 
    the health plan has failed to fulfill a duty imposed on the plan by section 
    1431, the electing essential community provider may recover compensatory 
    damages and the court may order any other appropriate relief. 

      (c) 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.