Health facilities: inspections: employee reporting.

Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law prohibits a health facility from discriminating or retaliating against a patient, employee, member of the medical staff, or other health care worker of the health facility because that person has presented a grievance, complaint, or report to the facility, or has initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility. Existing law makes a person who willfully violates these provisions guilty of a misdemeanor and makes a violation of these provisions subject to a civil penalty. This bill would provide an employee or the employee's representative with the right to discuss possible regulatory violations or patient safety concerns with the department's inspector privately during the course of an investigation or inspection by the department. By creating this right, the violation of which would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.