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05/16/2024 03:59 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=39107
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 4, 2023 02:20 PM
From: Representative Joe Ciresi
To: All House members
Subject: Protecting 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.

That is why I am re-introducing legislation that 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 would be 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.

Please ensure that these vital rights are protected by cosponsoring this legislation. Thank you.

Prior Co-Sponsors (HB 1018): DeLUCA, HILL-EVANS, BROOKS, KINSEY, O'MARA, WEBSTER and CIRESI
 

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Introduced as HB641