PRINTER'S NO. 3813
No. 2665 Session of 2000
INTRODUCED BY DeLUCA, BEBKO-JONES, DeWEESE, BELARDI, BELFANTI,
CAPPABIANCA, M. COHEN, COLAFELLA, CORRIGAN, FRANKEL, GEORGE,
HORSEY, JOSEPHS, MANDERINO, SANTONI, SOLOBAY, STABACK,
STEELMAN, THOMAS, TIGUE, TRELLO, WALKO, WASHINGTON, WILLIAMS,
WATERS, YOUNGBLOOD AND YUDICHAK, JULY 17, 2000
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JULY 17, 2000MITTEE ON HEALTH AND HUMAN SERVICES,
AN ACT
1 Providing for the Health Care Facility Antiretaliation Act.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Health Care
6 Facility Antiretaliation Act.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Employee." Any person employed as a full-time or part-time
12 employee of a health care facility.
13 "Health care facility." Any health care facility providing
14 clinically related health services, including, but not limited
15 to, a general or special hospital, including psychiatric
1 hospitals, rehabilitation hospitals, ambulatory surgical
2 facilities, long-term care nursing facilities, cancer treatment
3 centers using radiation therapy on an ambulatory basis and
4 inpatient drug and alcohol treatment facilities, both profit and
5 nonprofit, and including those operated by an agency or State or
6 local government. The term shall not include an office used
7 primarily for the private or group practice by health care
8 practitioners where no reviewable clinically related health
9 service is offered, a facility providing treatment solely on the
10 basis of prayer or spiritual means in accordance with the tenets
11 of any church or religious denomination or a facility conducted
12 by a religious organization for the purpose of providing health
13 care services exclusively to clergy or other persons in a
14 religious profession who are members of the religious
15 denominations conducting the facility.
16 Section 3. Protection of employees.
17 (a) Persons not to be discharged.--No health care facility
18 may discharge, threaten, demote, suspend or retaliate against an
19 employee because the employee or a person acting on behalf of
20 the employee files a petition, claim or other legal document or
21 testifies on behalf of himself or any other person in a hearing
22 or court action on a petition, claim or other legal process
23 under Federal or State statutes.
24 (b) Discrimination prohibited.--No health care facility may
25 discriminate against an employee regarding the employee's
26 compensation, terms, conditions, location or privileges of
27 employment because the employee or a person acting on behalf of
28 the employee files a petition, claim or other legal document or
29 testifies on behalf of himself or any other person in a hearing
30 or court action on a petition, claim or other legal process
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1 under Federal or State statutes.
2 Section 4. Remedies.
3 (a) Civil action.--A person who alleges a violation of this
4 act may bring a civil action in a court of competent
5 jurisdiction for appropriate injunctive relief or damages, or
6 both, no later than 180 days after the occurrence of the alleged
7 violation.
8 (b) Necessary showing of evidence.--An employee alleging a
9 violation of this act must prove by a preponderance of the
10 evidence that the health care facility violated all or part of
11 section 3.
12 (c) Defense.--It shall be a defense to an action under this
13 section if the defendant shows by a preponderance of the
14 evidence that the action by the health care facility occurred
15 for separate and legitimate reasons.
16 Section 5. Enforcement.
17 A court, in rendering a judgment in an action brought under
18 this act, shall order, as the court considers appropriate,
19 reinstatement of the employee, the payment of back wages, full
20 reinstatement of fringe benefits and seniority rights, actual
21 damages or any combination of these remedies. A court may, if it
22 deems appropriate, award the complainant all or a portion of the
23 costs of litigation, including reasonable attorney fees and
24 witness fees.
25 Section 6. Penalties.
26 A person who, under color of a health care facility's
27 authority, violates this act shall be liable for a civil fine of
28 not more than $500 per violation. Additionally, except where the
29 person holds an elected public office, if the court specifically
30 finds that the person, while in the employment of this
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1 Commonwealth or any of its political subdivisions, committed a
2 violation of this act, the court may order the person's
3 suspension from public service for a period not to exceed six
4 months. A civil fine which is ordered under this section shall
5 be paid to the State Treasurer for deposit into the General
6 Fund.
7 Section 7. Notice.
8 A health care facility shall post notices and use other
9 appropriate means to notify employees and keep them informed of
10 their protections and obligations under this act.
11 Section 8. Effective date.
12 This act shall take effect in 60 days.
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