Summary:

 House Bill 337 (HB337) enacts the Health Care Whistleblower Act  by prohibiting health care entity retaliatory  actions in certain circumstances and providing for a right to civil action for damages. 

Legislation Overview:

 House Bills 337 (HB337)  creates the Health Care Whistleblower Protection Act which would prohibit certain actions against whistleblowers in certain circumstances.
The definition as defined in the Act states that "unlawful or improper act" means a practice, procedure, action or failure to act on the part a health care entity that: (1)  violates a federal law or regulation, a state law or rule or a law of any political subdivision of the state; (2)  is illegal, unsafe or fraudulent; or (3)  constitutes: (a)  malfeasance; (b)  gross mismanagement; (c)  a waste of funds; (d)  a misrepresentation; (e)  an abuse of authority; or (f)  a substantial and specific danger to patients, consumers or the public”. 
The definition of a whistleblower is stated to mean: “(1)  a health care provider who reveals information about an unlawful or improper act by a health care entity; (2)  a patient, including a patient's family member or guardian, who reveals information about an unlawful or improper act by a health care entity; (3)  a volunteer who reveals information about an unlawful or improper act by a health care entity; (4)  a consumer who reveals information about an unlawful or improper act by a health care entity; and (5)  an officer, board member, employee, contractor, subcontractor or authorized agent of a health care entity who reveals information about an unlawful or improper act by a health care entity”.
There is a confidentiality paragraph for protection of the whistleblower and certain actions that if a whistleblower: “A.  discloses to the state, the attorney general, the health care authority or any other federal, state or local government agency information about an action or a failure to act that the whistleblower believes in good faith constitutes an unlawful or improper act; B.  provides information to or testifies before a public body as part of an investigation, a hearing or an inquiry into an alleged unlawful or improper act on the part of a health care entity, or C.  objects to or refuses to participate in an activity, a policy or a practice that the whistleblower believes in good faith constitutes an unlawful or improper act.
A whistleblower who is an employee, a contractor, a subcontractor or an authorized agent of the health care entity for actual damages, reinstatement with the same seniority status that the whistleblower as described in this subsection would have had but for the violation, two times the amount of back pay with interest on the back pay and compensation for any special damage sustained as a result of the violation.  In addition, the health care entity shall be required to pay the litigation costs and reasonable attorney fees of the whistleblower.  A whistleblower may bring an action in a court of competent jurisdiction.
A health care entity may use as a defense the conduct of the whistleblower for reasons of misconduct, poor job performance or other legitimate business purpose unrelated to conduct prohibited pursuant to the Health Care Whistleblower Protection Act and that retaliatory action was not a motivating factor.
A whistleblower who is not an employee may also initiate a civil action and may recover attorney fees, and actual damages. However if the court finds for the health care entity was not engaged in any reprisal, attorney fees may be awarded to the health care entity. 
A notice of this policy shall be visibly posted in public areas at each health care entity's workplace, published on the health care entity's website and given, by either written or electronic communication, to every officer, employee, contractor or other agent of the health care entity. The policy is to be provided in English and Spanish. 
A civil act is barred unless filed within two years of such retaliatory action.