166ia

(a) Any health care provider, including a facility or institution, may file a counterclaim against a person filing a complaint under this chapter, alleging that the complaint filed is frivolous. If the court finds that the complaint is frivolous it may award to the successful party court costs, including reasonable attorneys fees not exceeding ten thousand dollars ($10,000).\n(b) In order to find the complaint filed to be frivolous under subsection (a) of this section, the court must find that the complaint was filed:\n(1) solely to harass or maliciously injure another; or\n(2) without any reasonable basis in law or fact and could not be supported by a good faith argument for an extension, modification or reversal of existing law.