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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted:	January 7, 2019 11:02 AM
From:	Representative Anthony M. DeLuca
To:	All House members
Subject:	Protection of Patients and Medical Personnel from Health Care Facility Retaliation

When mistakes are made at a medical care facility, patients can suffer physically, emotionally and financially. To reduce errors, both patients and medical personnel should feel safe to report them with no threat of “punishment” for doing so. We need explicit protections in place for speaking up about these potentially life-changing events. The new law would provide protection for patients and medical personnel who initiate, participate or cooperate in an administrative proceeding, relating to quality of care, services or conditions at a facility. It would establish a rebuttable presumption for patients and medical personnel for retaliation based on a straightforward definition of discriminatory treatment provided within the legislation. If a facility is found guilty of discrimination or retaliation, the affected is entitled to civil and criminal penalties including fines and restitution for lost wages, work benefits, and the legal cost of having to pursue the claim. The bill balances the needs of the health care facility by protecting legitimate peer review activities. Last session this bill was HB 339. Please ensure that these vital rights are protected by cosponsoring this legislation. Thank you.

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