color:redHtml> 08RS HB602
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HB 602 (BR 1844) - M. Marzian

     AN ACT relating to patient care and safety.
     Amend KRS 216B.165 to require an agent or employee of a health care facility or service to report noncompliance with professional standards of care that jeopardizes patient care or safety; provide that the report may be provided to the office of the inspector general if response from health care facility or service is untimely or inadequate; create a new section of KRS Chapter 216B to permit employee or agent who has been retaliated against to file a complaint with the commissioner of the Department of Labor, authorize the commissioner to order reinstatement, restitution of lost wages, or other action; authorize an employee to file a civil action for retaliation within one year from occurrence of retaliation; permit court to order reinstatement, back wages, punitive damages, or a combination; permit court to order payment of attorney fees and court costs to health care facility or service if civil action was brought in bad faith, with malicious purpose, or without basis; create a new section of KRS 216B to require health care facilities and services to post a notice to inform employees and agents of obligations and protections; create a new section of KRS 216B to provide that the provisions shall not diminish existing rights, remedies, or privileges; create a new section of KRS Chapter 336 to require the commissioner of the Department of Labor to enforce retaliation protections and fines; amend KRS 216B.990 to impose fine of $100 to $500 for failure to post notice, and a fine of $1,000 to $10,000 for retaliation; require that fines collected be paid into the Ky. Nursing Incentive Scholarship Fund.


     HCS - Retain original provisions; amend to include additional standards for which noncompliance is required to be reported; permit oral reports in emergency situations; require attorney general, rather than the commissioner of labor, to investigate reports of noncompliance; replace posting requirement with requirement to provide written materials; provide that compliance with federal Deficit Reduction Act shall satisfy requirement; and reduce maximum penalty for retaliation from $10,000 to $5,000.

     HFA (1, B. Yonts) - Amend to delete community standards of care from the list of standards for which noncompliance reports are required; restore existing language that prohibits filing of reports in bad faith; require Inspector General in the Cabinet for Health and Family Services to investigate reports of retaliation; delete provision that permits an employee to file a civil action for retaliation; and delete penalty.

     Feb 21-introduced in House
     Feb 25-to Health & Welfare (H)
     Feb 26-reassigned to Labor & Industry (H); posted in committee
     Mar 13-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 14-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
     Mar 17-posted for passage in the Regular Orders of the Day for Tuesday, March 18, 2008

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