Senate File 2059 - Introduced SENATE FILE BY BOLKCOM, CONNOLLY, KIBBIE, GRONSTAL, COURTNEY, FRAISE, QUIRMBACH, DEARDEN, KREIMAN, WOOD, SENG, HORN, DVORSKY, DOTZLER, DANIELSON, HATCH, and McCOY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing a prohibition against reprisals relating to 2 health care workers disclosing specified information, and 3 providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5629XS 81 6 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 A health care worker making a disclosure which violates any 2 9 provision of the federal Health Insurance Portability and 2 10 Accountability Act, Pub. L. No. 104=191, shall not be entitled 2 11 to protection pursuant to this section nor entitled to civil 2 12 remedies which might otherwise be available pursuant to 2 13 subsection 5. 2 14 3. A health care worker disclosing in good faith the 2 15 information described in subsection 2 shall be presumed to 2 16 have established a prima facie case showing a violation of 2 17 subsection 2 by the health care worker's employer if the 2 18 individual or institution employing the health care worker 2 19 knows or has reason to know of the disclosure, and if 2 20 subsequent to and as a result of the disclosure, one or more 2 21 of the following actions were initiated by the employer: 2 22 a. Discharge of the health care worker from employment. 2 23 b. Failure by the employer to take action regarding a 2 24 health care worker's appointment or proposed appointment to, 2 25 promotion or proposed promotion to, or receipt of any 2 26 advantage in the health care worker's position of employment. 2 27 c. Any adverse change to the health care worker's terms or 2 28 conditions of employment or any administrative, civil, or 2 29 criminal action or other effort that diminishes the 2 30 professional competence, reputation, stature, or marketability 2 31 of the health care worker. 2 32 An employer shall have the burden of proof regarding any 2 33 attempt to show that actions taken pursuant to this subsection 2 34 were for a legitimate business purpose. 2 35 4. If an individual or institution employing a health care 3 1 worker is determined to have violated state health, safety, or 3 2 occupational health and health licensure laws or regulations, 3 3 or professional standards of care or a professional code of 3 4 ethics, after a disclosure pursuant to subsection 2 results in 3 5 an action as described in subsection 3, such a determination 3 6 shall create a presumption of retaliation or reprisal against 3 7 the health care worker in violation of this section. 3 8 Violations of health and safety laws or breaches of public 3 9 safety that have caused or have a potential to cause harm to 3 10 patients, consumers, and citizens shall immediately trigger 3 11 the protection afforded by this section. 3 12 5. A person who violates this section commits a simple 3 13 misdemeanor. Additionally, a civil action may be undertaken, 3 14 as follows: 3 15 a. A person who violates this section is liable to an 3 16 aggrieved health care worker for affirmative relief, including 3 17 reinstatement with or without back pay, or any other equitable 3 18 relief the court deems appropriate, including attorney fees 3 19 and costs, punitive or exemplary damages, and public notice of 3 20 the retaliation or reprisal undertaken against the health care 3 21 worker through publication in an official newspaper in the 3 22 city or county. 3 23 b. When a person commits, is committing, or proposes to 3 24 commit an act in violation of this section, an injunction may 3 25 be granted through an action in district court to prohibit the 3 26 person from continuing such acts. The action for injunctive 3 27 relief may be brought by an aggrieved health care worker or by 3 28 the county attorney. 3 29 6. In addition to any other penalties applicable to a 3 30 person who violates this section, an individual, institution, 3 31 or organization employing a person who violates this section 3 32 shall be subject to a civil penalty in the amount of one 3 33 thousand dollars per violation. 3 34 EXPLANATION 3 35 This bill provides protection for health care workers 4 1 against retaliation or reprisals resulting from the disclosure 4 2 of certain information. 4 3 The bill provides that a health care worker who discloses 4 4 information to a state or federal board, department, or 4 5 agency, including the attorney general and law enforcement 4 6 personnel, as described in the bill, after a reasonable 4 7 opportunity to make a report and take corrective action has 4 8 transpired on the part of the individual or institution which 4 9 employs the health care worker and which is the subject of the 4 10 disclosure, shall be protected against reprisals or 4 11 retaliatory or punitive actions by the employer if disclosure 4 12 of the information is not otherwise prohibited by statute. 4 13 The bill provides that for this provision to apply, the 4 14 information disclosed shall constitute state=mandated health 4 15 data required to be submitted to a state agency, or inform a 4 16 state agency or entity of a violation of state health, safety, 4 17 occupational health, licensure, and insurance laws, or is 4 18 reasonably believed by the health care worker to be a 4 19 violation of health and safety laws or a breach of public 4 20 safety that may lead to harm to patients, consumers, or 4 21 citizens, based upon the health care worker's professional 4 22 standards of care and professional code of ethics. The bill 4 23 provides that this provision shall not be applicable to a 4 24 disclosure which constitutes a violation of the federal Health 4 25 Insurance Portability and Accountability Act. 4 26 The bill provides that a health care worker disclosing in 4 27 good faith this information shall be presumed to have 4 28 established a prima facie case if the employer knows or has 4 29 reason to know of the disclosure, and if following and as a 4 30 result of the disclosure the health care worker was discharged 4 31 from employment, or there was a failure by the employer to 4 32 take action regarding a health care worker's appointment or 4 33 promotion, or any adverse change to the health care worker's 4 34 terms or conditions of employment as well as any 4 35 administrative, civil, or criminal action or other effort that 5 1 diminishes the professional competence, reputation, stature, 5 2 or marketability of the health care worker. The bill provides 5 3 that the employer shall have the burden of proof regarding any 5 4 attempt to show that these actions were undertaken for a 5 5 legitimate business purpose. 5 6 The bill provides that if an employer is determined to have 5 7 violated state health, safety, or occupational health or 5 8 health licensure laws or regulations, or professional 5 9 standards of care or a professional code of ethics, after a 5 10 disclosure by a health care worker resulting in an action 5 11 taken against the worker as described in the bill, this 5 12 creates a presumption of retaliation or reprisal. The bill 5 13 provides that violations of health and safety laws or breaches 5 14 of public safety that have caused or have a potential to cause 5 15 harm to patients, consumers, and citizens immediately trigger 5 16 protection. 5 17 The bill provides that violations constitute a simple 5 18 misdemeanor, and may also be grounds for a civil action. The 5 19 bill provides that in such an action, an employer may be 5 20 liable to an aggrieved health care worker for affirmative 5 21 relief, including reinstatement with or without back pay, and 5 22 other equitable relief the court deems appropriate, including 5 23 attorney fees and costs, punitive or exemplary damages, and 5 24 public notice of the retaliation or reprisal. The bill also 5 25 provides for injunctive relief. The bill provides that in 5 26 addition to other penalties, an individual, institution, or 5 27 organization employing a person found to be in violation of 5 28 the bill's provisions shall be subject to a civil penalty in 5 29 the amount of $1,000 per violation. 5 30 LSB 5629XS 81 5 31 rn:nh/sh/8