House File 2247 HOUSE FILE BY MASCHER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act prohibiting reprisals against health care workers for 2 disclosure of specified information, and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6188HH 80 5 rn/sh/8 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