HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE LABOR AND HUMAN RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 514

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO EMPLOYMENT; PROHIBITING EMPLOYER RETALIATORY ACTION IN CERTAIN CIRCUMSTANCES; PROVIDING FOR CIVIL PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. SHORT TITLE.--This act may be cited as the "Conscientious Health Care Employee Protection Act".

     SECTION 2. DEFINITIONS.--As used in the Conscientious Health Care Employee Protection Act:

          A. "employee" means a health care professional licensed pursuant to Chapter 61 NMSA 1978 or other employee who performs services for and under the control and direction of an employer that is a health care facility for wages or other remuneration;

          B. "employer" means a person who has four or more employees and includes an agent of an employer and a public employer, but "employer" does not include health plans or other entities that do not provide direct medical care services to patients;

          C. "health care facility" means a hospital, outpatient facility, diagnostic and treatment center, rehabilitation center, freestanding hospice or other similar facility at which medical care is provided;

          D. "improper quality of patient care" means a practice, procedure, action or failure to act on the part of an employer that violates any law, act or rule or the standard of care;

          E. "public body" means a state government department, agency or political subdivision; and

          F. "retaliatory action" means the discharge, suspension, demotion, disciplining or discriminatory or adverse employment action against an employee in the terms and conditions of employment.

     SECTION 3. RETALIATION PROHIBITED--CIVIL ACTION.--

          A. If an employee is in compliance with the federal Health Insurance Portability and Accountability Act of 1996, an employer shall not take retaliatory action against the employee for the following:

                (1) disclosing or threatening to disclose to an employer or to a public body an activity, policy or practice of the employer that constitutes improper quality of patient care;

                (2) providing information to or testifying before a public body as part of an investigation, hearing or inquiry into improper quality of patient care, a violation of law or a rule promulgated pursuant to law; or

                (3) objecting to or refusing to participate in an activity, policy or practice that:

                     (a) is in violation of a law or rule;

                     (b) constitutes improper quality of patient care; or

                     (c) is fraudulent or criminal.

          B. An employee may bring a civil action for damages against an employer that violates the provisions of this section, and if the employee prevails, the employee shall be entitled to reasonable attorney fees and costs.

     SECTION 4. APPLICATION OF OTHER LAW.--Nothing in the Conscientious Health Care Employee Protection Act shall preclude an employee from pursuing other remedies available at law.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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