Text: HF02246 Text: HF02248 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 147.105 REPRISALS PROHIBITED –
1 2 HEALTH CARE WORKERS – PENALTY – CIVIL REMEDIES.
1 3 1. DEFINITIONS. As used in this section, unless the
1 4 context otherwise requires:
1 5 a. "Health care worker" means any individual employed by
1 6 or under contract with a hospital, health care facility,
1 7 insurance company, health care provider, or health care agency
1 8 to provide health care services.
1 9 b. "Professional standards of care" means authoritative
1 10 statements that describe a level of care or performance common
1 11 to the profession by which the quality of professional
1 12 practice can be judged and which reflect the values and
1 13 priorities of the profession.
1 14 c. "Reasonable opportunity to make a report and take
1 15 corrective action" means the amount of time normally taken by
1 16 or granted to an institution to make a report and to effect
1 17 corrective action, when sanctioned or given notice by an
1 18 appropriate government agency.
1 19 2. A health care worker disclosing information to the
1 20 state board of nursing, the department, the division of
1 21 insurance in the department of commerce, a member or employee
1 22 of the general assembly, the attorney general, a state-
1 23 mandated health information collection agency, any other
1 24 public official or law enforcement agency, federal government
1 25 agency or program, or the media, after a reasonable
1 26 opportunity to make a report and take corrective action on the
1 27 part of the individual or institution which employs the health
1 28 care worker and which is the subject of the disclosure, shall
1 29 be protected against reprisals or retaliatory or punitive
1 30 actions by the individual or institution if disclosure of the
1 31 information is not otherwise prohibited by statute and if the
1 32 information meets any of the following requirements:
1 33 a. Constitutes state-mandated health data required to be
1 34 submitted to state agencies.
1 35 b. Informs state agencies or entities of violations of
2 1 state health, safety, occupational health, licensure, or
2 2 insurance laws.
2 3 c. Is reasonably believed by the health care worker to be
2 4 a violation of health and safety laws or a breach of public
2 5 safety that may lead to harm to patients, consumers, or
2 6 citizens, based upon the health care worker's professional
2 7 standards of care and professional code of ethics.
2 8 3. A health care worker disclosing in good faith the
2 9 information described in subsection 2 shall be presumed to
2 10 have established a prima facie case showing a violation of
2 11 subsection 2 by the health care worker's employer if the
2 12 individual or institution employing the health care worker
2 13 knows or has reason to know of the disclosure, and if
2 14 subsequent to and as a result of the disclosure, one or more
2 15 of the following actions were initiated by the employer:
2 16 a. Discharge of the health care worker from employment.
2 17 b. Failure by the employer to take action regarding a
2 18 health care worker's appointment or proposed appointment to,
2 19 promotion or proposed promotion to, or receipt of any
2 20 advantage in the health care worker's position of employment.
2 21 c. Any adverse change to the health care worker's terms or
2 22 conditions of employment or any administrative, civil, or
2 23 criminal action or other effort that diminishes the
2 24 professional competence, reputation, stature, or marketability
2 25 of the health care worker.
2 26 An employer shall have the burden of proof regarding any
2 27 attempt to show that actions taken pursuant to this subsection
2 28 were for a legitimate business purpose.
2 29 4. If an individual or institution employing a health care
2 30 worker is determined to have violated state health, safety, or
2 31 occupational health and health licensure laws or regulations,
2 32 or professional standards of care or a professional code of
2 33 ethics, after a disclosure pursuant to subsection 2 results in
2 34 an action as described in subsection 3, such a determination
2 35 shall create a presumption of retaliation or reprisal against
3 1 the health care worker in violation of this section.
3 2 Violations of health and safety laws or breaches of public
3 3 safety that have caused or have a potential to cause harm to
3 4 patients, consumers, and citizens shall immediately trigger
3 5 the protection afforded by this section.
3 6 5. A person who violates this section commits a simple
3 7 misdemeanor. Additionally, a civil action may be undertaken,
3 8 as follows:
3 9 a. A person who violates this section is liable to an
3 10 aggrieved health care worker for affirmative relief, including
3 11 reinstatement with or without back pay, or any other equitable
3 12 relief the court deems appropriate, including attorney fees
3 13 and costs, punitive or exemplary damages, and public notice of
3 14 the retaliation or reprisal undertaken against the health care
3 15 worker through publication in an official newspaper in the
3 16 city or county.
3 17 b. When a person commits, is committing, or proposes to
3 18 commit an act in violation of this section, an injunction may
3 19 be granted through an action in district court to prohibit the
3 20 person from continuing such acts. The action for injunctive
3 21 relief may be brought by an aggrieved health care worker or by
3 22 the county attorney.
3 23 EXPLANATION
3 24 This bill provides protection for health care workers
3 25 against retaliation or reprisals resulting from the disclosure
3 26 of certain information.
3 27 The bill provides that a health care worker who discloses
3 28 information to a state or federal board, department, or
3 29 agency, including the attorney general and law enforcement
3 30 personnel, as described in the bill, after a reasonable
3 31 opportunity to make a report and take corrective action has
3 32 transpired on the part of the individual or institution which
3 33 employs the health care worker and which is the subject of the
3 34 disclosure, shall be protected against reprisals or
3 35 retaliatory or punitive actions by the employer if disclosure
4 1 of the information is not otherwise prohibited by statute.
4 2 The bill provides that for this provision to apply, the
4 3 information disclosed shall constitute state-mandated health
4 4 data required to be submitted to a state agency, or inform a
4 5 state agency or entity of a violation of state health, safety,
4 6 occupational health, licensure, and insurance laws, or is
4 7 reasonably believed by the health care worker to be a
4 8 violation of health and safety laws or a breach of public
4 9 safety that may lead to harm to patients, consumers, or
4 10 citizens, based upon the health care worker's professional
4 11 standards of care and professional code of ethics.
4 12 The bill provides that a health care worker disclosing in
4 13 good faith this information shall be presumed to have
4 14 established a prima facie case if the employer knows or has
4 15 reason to know of the disclosure, and if following and as a
4 16 result of the disclosure the health care worker was discharged
4 17 from employment, or there was a failure by the employer to
4 18 take action regarding a health care worker's appointment or
4 19 promotion, or any adverse change to the health care worker's
4 20 terms or conditions of employment as well as any
4 21 administrative, civil, or criminal action or other effort that
4 22 diminishes the professional competence, reputation, stature,
4 23 or marketability of the health care worker. The bill provides
4 24 that the employer shall have the burden of proof regarding any
4 25 attempt to show that these actions were undertaken for a
4 26 legitimate business purpose.
4 27 The bill provides that if an employer is determined to have
4 28 violated state health, safety, or occupational health or
4 29 health licensure laws or regulations, or professional
4 30 standards of care or a professional code of ethics, after a
4 31 disclosure by a health care worker resulting in an action
4 32 taken against the worker as described in the bill, this
4 33 creates a presumption of retaliation or reprisal. The bill
4 34 provides that violations of health and safety laws or breaches
4 35 of public safety that have caused or have a potential to cause
5 1 harm to patients, consumers, and citizens immediately trigger
5 2 protection.
5 3 The bill provides that violations constitute a simple
5 4 misdemeanor, and may also be grounds for a civil action. The
5 5 bill provides that in such an action, an employer may be
5 6 liable to an aggrieved health care worker for affirmative
5 7 relief, including reinstatement with or without back pay, and
5 8 other equitable relief the court deems appropriate, including
5 9 attorney fees and costs, punitive or exemplary damages, and
5 10 public notice of the retaliation or reprisal. The bill also
5 11 provides for injunctive relief.
5 12 LSB 6188HH 80
5 13 rn/sh/8
Text: HF02246 Text: HF02248 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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