House Bill
hb0171
CODING: Words stricken
are deletions; words underlined are
additions.
Florida House of Representatives
- 2002
HB 171
By Representative Weissman
1
A bill to be entitled
2
An act relating to long-term care; creating ss.
3
400.0245 and 400.455, F.S.; creating the
4
"Nursing Home Facility Whistleblower's Act" and
5
the "Assisted Living Facility Whistleblower's
6
Act," respectively; prohibiting retaliatory
7
actions from a facility or independent
8
contractor against an employee for disclosure
9
of certain information; providing legislative
10 intent;
providing definitions; specifying the
11 nature
of information, to whom disclosed, and
12 persons
protected; authorizing civil actions
13 for violation;
providing forms of relief;
14 providing
penalties; providing reward for
15 initial
disclosure of certain information;
16 requiring
facilities to post notice of
17 protections,
rewards, and remedies; providing
18 defenses
to certain actions; protecting
19 existing
rights of employees; providing an
20 effective
date.
21
22 Be It
Enacted by the Legislature of the State of Florida:
23
24 Section
1. Section 400.0245, Florida Statutes, is
25 created
to read:
26 400.0245
Adverse action against employee for
27 disclosing
information of specified nature prohibited;
28 employee
remedy and relief.--
29 (1)
SHORT TITLE.--This section may be cited as the
30 "Nursing
Home Facility Whistleblower's Act."
CODING: Words stricken
are deletions; words
underlined are additions.
Florida House of Representatives - 2002
HB 171
739-115-02
1 (2)
LEGISLATIVE INTENT.--It is the intent of the
2
Legislature
to prevent nursing home facilities or independent
3
contractors
from taking retaliatory action against an employee
4
who
reports to an appropriate person or agency violations of
5
law
on the part of a facility or independent contractor that
6
create
a substantial and specific danger to a nursing home
7
facility
resident's health, safety, or welfare. It is further
8
the
intent of the Legislature to prevent nursing home
9
facilities
or independent contractors from taking retaliatory
10 action
against any person who discloses information to an
11 appropriate
agency alleging improper use of or gross waste of
12 governmental
funds, or any other abuse or gross neglect of
13 duty
on the part of a nursing home facility.
14 (3)
DEFINITIONS.--As used in this section, unless
15 otherwise
specified, the following words or terms shall have
16 the
meanings indicated:
17 (a)
"Adverse personnel action" means the discharge,
18 suspension,
transfer, or demotion of any employee or the
19 withholding
of bonuses, the reduction in salary or benefits,
20 or
any other adverse action taken against an employee within
21 the
terms and conditions of employment by a nursing home
22 facility
or independent contractor.
23 (b)
"Agency" means any state, regional, county, local,
24 or
municipal government entity, whether executive, judicial,
25 or
legislative; or any official, officer, department,
26 division,
bureau, commission, authority, or political
27 subdivision
thereof.
28 (c)
"Employee" means a person who performs services
29 for,
and under the control and direction of, or contracts
30 with,
a nursing home facility or independent contractor for
31 wages
or other remuneration.
CODING: Words stricken
are deletions; words underlined are additions.
Florida House of Representatives - 2002
HB 171 739-115-02 |