HB 1816 -- Health Care Whistleblower Protection Act

Sponsor:  LeVota

This bill establishes the Health Care Whistleblower Protection
Act which prohibits employers from taking retaliatory action
against employees who disclose or threaten to disclose alleged
prohibited activities or provide information or testify before
any public body regarding violations which the employee
reasonably believes constitutes improper quality of patient care.
Hospitals and surgical centers are required to:

(1)  Appoint a compliance officer;

(2)  Notify employees of their right to disclose specified
information;

(3)  Provide forms to document alleged violations of federal and
state law concerning patient care and safety and facility safety;

(4)  Allow employees reporting violations to do so anonymously;

(5)  Forward complaints to the Department of Health and Senior
Services and the Attorney General within two business days;

(6)  Initiate an internal investigation of the complaint; and

(7)  Make all information that has been disclosed, collected, and
maintained available to the department at all times and reviewed
by the department at least annually.

All complaints must be filed with both the department and the
Attorney General.  Within two business days of receipt of a
complaint, the department must begin an investigation.  The
department's investigation must be completed within 30 calendar
days following receipt of the complaint.  Within one business day
of the conclusion of the investigation, the department is
required to make public the original complaint, records of the
investigation, and conclusions.  The department must also
maintain a log of complaint forms, notify all interested parties
of the outcome of the investigation, and forward the
investigation record and conclusions to the Attorney General.
The bill requires the Attorney General to perform an independent
review of the complaint and the factual record of the
investigation within 60 calendar days of receiving the materials
from the department.

Within one year, an employee may bring a civil action against any
employer violating the provisions of the bill.  The bill allows
the court to issue an injunction to stop the employer's illegal
activity; reinstate the employee's position, benefits, and
seniority rights; and order payment of lost wages, reasonable
litigation costs, attorney fees, and punitive damages.  If an
employee brings an action without basis in law or fact, a court
may order the employee to pay reasonable attorney fees and court
costs.  Employers must conspicuously display notices of the
employee protections specified in the bill.  Employers violating
these provisions may be fined an amount not to exceed $1,000 for
a first offense and not more than $5,000 for subsequent offenses.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm