|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor
|
|
Ch. 70
|
|
|
|
|
|
|
|
|
|
|
|
|
(II) THE EMPLOYEE RESIDES; OR
(III) THE PROVIDER MAINTAINS ITS PRINCIPAL OFFICE IN THE
STATE.
(4) THE ACTION SHALL BE BROUGHT WITHIN 1 YEAR AFTER THE
ALLEGED VIOLATION OF PARAGRAPH (2) OF THIS SUBSECTION OR WITHIN 1 YEAR
AFTER THE EMPLOYEE FIRST BECAME AWARE OF THE ALLEGED VIOLATION OF
PARAGRAPH (1) OF THIS SUBSECTION.
(5) IN ANY ACTION BROUGHT UNDER THIS SUBSECTION, A COURT MAY:
(I) ISSUE AN INJUNCTION TO RESTRAIN CONTINUED VIOLATION
OF THIS SUBSECTION;
(II) REINSTATE THE EMPLOYEE TO THE SAME OR AN EQUIVALENT
POSITION HELD BEFORE THE VIOLATION OF PARAGRAPH (2) OF THIS SUBSECTION;
(III) REMOVE ANY ADVERSE PERSONNEL RECORD ENTRIES BASED
ON OR RELATED TO THE VIOLATION OF PARAGRAPH (2) OF THIS SUBSECTION;
(IV) REINSTATE FULL FRINGE BENEFITS AND SENIORITY RIGHTS;
(V) REQUIRE COMPENSATION FOR LOST WAGES, BENEFITS, AND
OTHER REMUNERATION; AND
(VI) ASSESS REASONABLE ATTORNEYS FEES AND OTHER
LITIGATION EXPENSES AGAINST:
1. THE PROVIDER IF THE EMPLOYEE PREVAILS; OR
2. THE EMPLOYEE, IF THE COURT DETERMINES THAT THE
ACTION WAS BROUGHT BY THE EMPLOYEE IN BAD FAITH AND WITHOUT BASIS IN
LAW OR FACT.
(5) (6) AN EMPLOYER A PROVIDER SHALL:
(I) CONSPICUOUSLY DISPLAY NOTICES OF ITS EMPLOYEE
PROTECTIONS UNDER THIS SECTION SUBSECTION; AND
(II) USE APPROPRIATE MEANS TO INFORM ITS EMPLOYEES OF THE
PROTECTIONS AND OBLIGATIONS PROVIDED UNDER THIS SECTION SUBSECTION.
(6) THIS SECTION MAY NOT BE CONSTRUED TO CONTRAVENE THE
HEALTH CARE WHISTLEBLOWER PROTECTION PROVISIONS OF TITLE 1, SUBTITLE 6
OF THE HEALTH OCCUPATIONS ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That the Department of
Health and Mental Hygiene shall:
(1) establish a task force composed of all interested parties for the
purpose of consolidating departmental authority over fraud, waste, and abuse by
reviewing Maryland laws governing the Department, and regulations issued by the
|
|
|
|
|
|
|
|
|
|
- 589 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
