Pennsylvania HB 226: An Act providing for the protection of patients and medical personnel from health care facility retaliation, for prohibitions, for rebuttable presumptions, for discriminatory treatment, for evidence, for civil penalties and remedies, for criminal penalty, for restitution and damages, for injunctive relief, for peer review activity and for exemption.

Bill Text

PRINTER'S NO. 179
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 226
Session of
2025
INTRODUCED BY CIRESI, SANCHEZ, HADDOCK, GUENST, PIELLI, GIRAL,
KINKEAD, PROKOPIAK, CEPEDA-FREYTIZ, FREEMAN, DONAHUE, HILL-
EVANS, CERRATO AND GREEN, JANUARY 22, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 22, 2025
AN ACT
Providing for the protection of patients and medical personnel
from health care facility retaliation, for prohibitions, for
rebuttable presumptions, for discriminatory treatment, for
evidence, for civil penalties and remedies, for criminal
penalty, for restitution and damages, for injunctive relief,
for peer review activity and for exemption.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Protection of
Patients and Medical Personnel from Health Care Facility
Retaliation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County correctional institution." As defined in 61 Pa.C.S.
§ 102 (relating to definitions).
"Health care facility." As defined in section 802.1 of the
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act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act. The term includes the facility's administrative
personnel, employees, boards and committees of the board and
medical staff.
"Medical personnel." An employee, member of the medical
staff or another health care worker of a health care facility.
"State correctional institution." As defined in 61 Pa.C.S. §
102.
Section 3. Prohibitions.
(a) Health care facilities.--A health care facility may not
discriminate or retaliate against a patient or medical personnel
because the patient or medical personnel has done either of the
following:
(1) Presented a grievance, complaint or report to the
facility, to an entity or agency responsible for accrediting
or evaluating the facility, to the medical staff of the
facility or to another governmental entity.
(2) Initiated, participated or cooperated in an
investigation or administrative proceeding related to the
quality of care, services or conditions at the facility that
is carried out by an entity or agency responsible for
accrediting or evaluating the facility or its medical staff
or governmental entity.
(b) Entities.--An entity that owns or operates a health care
facility or another health care facility may not discriminate or
retaliate against a person because the person took action under
this act.
Section 4. Rebuttable presumption relating to patients.
Any type of discriminatory treatment of a patient by whom, or
upon whose behalf, a grievance or complaint has been submitted
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to a governmental entity or received by a health care facility
administrator within 180 days of the filing of the grievance or
complaint shall raise a rebuttable presumption that the action
was taken by the health care facility in retaliation for the
filing of the grievance or complaint.
Section 5. Rebuttable presumption relating to medical
personnel.
There shall be a rebuttable presumption that discriminatory
action was taken by the health care facility, or by the entity
that owns or operates that health care facility, or that owns or
operates any other health care facility, in retaliation against
medical personnel if responsible staff at the facility or the
entity that owns or operates the facility:
(1) Had knowledge of the actions.
(2) Participated or cooperated with the medical
personnel responsible for acts described in section 3.
(3) Commits a discriminatory act within 120 days of the
filing of the grievance or complaint by the medical
personnel.
Section 6. Discriminatory treatment.
For purposes of this act, discriminatory treatment of medical
personnel includes discharge, demotion, suspension or any
unfavorable changes in, or breach of, the terms or conditions of
a contract, employment or privileges of the medical personnel or
the threat of any of the actions.
Section 7. Evidence.
The presumptions in sections 4 and 5 shall be presumptions
affecting the burden of producing evidence as provided in 42
Pa.C.S. Ch. 61 (relating to rules of evidence).
Section 8. Civil penalties and remedies.
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(a) Secretary of Health.--Upon a determination by hearing
that this act was violated, the Secretary of Health may pursue
one or more of the following courses of action:
(1) Issue an order requiring the person in violation to
cease and desist from engaging in the violation.
(2) Suspend or revoke or refuse to issue or renew the
certificate or license of the person in violation.
(3) Impose a civil penalty of not more than $25,000 for
each violation.
(4) Impose another