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Ch. 70 2006 LAWS OF MARYLAND
(C) THE DEPARTMENT MAY NOT AWARD A PERSON WHO KNOWINGLY
PARTICIPATED IN THE VIOLATION ON WHICH THE ACTION WAS BASED.
(D) A PERSON IS NOT CIVILLY LIABLE FOR:
(1) MAKING A REPORT IN GOOD FAITH OF A MISTAKEN CLAIM AND
FRAUD, WASTE, OR ABUSE; OR
(2) PARTICIPATING IN ANY INVESTIGATION RELATED TO A MISTAKEN
CLAIM AND FRAUD, WASTE, OR ABUSE.
(E) (B) (1) THIS SUBSECTION DOES NOT APPLY TO AN EMPLOYEE AS
DEFINED IN § 1-501(C) OF THE HEALTH OCCUPATIONS ARTICLE OR A STATE
EMPLOYEE.
(2) A PROVIDER MAY NOT TAKE A RETALIATORY ACTION AGAINST AN
EMPLOYEE BECAUSE THE EMPLOYEE:
(I) DISCLOSES OR THREATENS TO DISCLOSE TO A SUPERVISOR OR
TO A PUBLIC BODY AN ACTIVITY, POLICY, OR PRACTICE OF THE PROVIDER THAT THE
EMPLOYEE REASONABLY BELIEVES IS IN VIOLATION OF THIS SUBTITLE OR A
REGULATION ADOPTED UNDER THIS SUBTITLE;
(II) PROVIDES INFORMATION TO, OR TESTIFIES BEFORE, A PUBLIC
BODY CONDUCTING AN INVESTIGATION, HEARING, OR INQUIRY INTO A SUSPECTED
VIOLATION BY THE PROVIDER UNDER THIS SUBTITLE OR A REGULATION ADOPTED
UNDER THIS SUBTITLE; OR
(III) OBJECTS TO OR REFUSES TO PARTICIPATE IN ANY ACTIVITY,
POLICY, OR PRACTICE THAT THE EMPLOYEE REASONABLY BELIEVES IS IN
VIOLATION OF THIS SUBTITLE OR REGULATIONS ADOPTED UNDER THIS SUBTITLE.
(2) (3) IF THE PROVIDER TAKES A RETALIATORY ACTION AGAINST THE
EMPLOYEE, AN EMPLOYEE, OTHER THAN A STATE EMPLOYEE, MAY FILE A CIVIL
ACTION AGAINST AN EMPLOYER, OTHER THAN A SUPERVISOR IN STATE
GOVERNMENT, AN APPOINTING AUTHORITY IN STATE GOVERNMENT, OR THE HEAD
OF A PRINCIPAL UNIT IN STATE GOVERNMENT.
(3) THE CAUSE OF ACTION AND REMEDIES AVAILABLE AGAINST AN
EMPLOYER THAT RETALIATES SHALL BE AS ARE AVAILABLE TO INDIVIDUALS UNDER
TITLE 1, SUBTITLE 5 OF THE HEALTH OCCUPATIONS ARTICLE.
(4) A STATE EMPLOYEE WHO IS SUBJECT TO A RETALIATORY ACTION!
(I) MAY FILE A COMPLAINT UNDER TITLE 5, SUBTITLE 3 OF THE
STATE PERSONNEL AND PENSIONS ARTICLE; BUT
(II) MAY NOT FILE A CIVIL ACTION UNDER THIS SUBSECTION ANY
EMPLOYEE WHO IS SUBJECT TO AN ACTION IN VIOLATION OF PARAGRAPH (2) OF THIS
SUBSECTION MAY INSTITUTE A CIVIL ACTION IN THE COUNTY WHERE:
(I) THE ALLEGED VIOLATION OCCURRED:
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