§440.3. Whistleblower protection and cause of action
A. No employee shall be discharged, demoted, suspended, threatened,
harassed, or discriminated against in any manner in the terms and conditions of his
employment because of any lawful act engaged in by the employee or on behalf of
the employee in furtherance of any action taken pursuant to this Part in regard to a
health care provider or other person from whom recovery is or could be sought. Such
an employee may seek any and all relief for his injury to which he is entitled under
state or federal law.
B. No individual shall be threatened, harassed, or discriminated against in
any manner by a health care provider or other person because of any lawful act
engaged in by the individual or on behalf of the individual in furtherance of any
action taken pursuant to this Part in regard to a health care provider or other person
from whom recovery is or could be sought except that a health care provider may
arrange for a recipient to receive goods, services, or supplies from another health care
provider if the recipient agrees and the arrangement is approved by the secretary.
Such an individual may seek any and all relief for his injury to which he is entitled
under state or federal law.
C.(1) An employee of a private entity may bring his action for relief against
his employer or the health care provider in the same court as the action or actions
were brought pursuant to this Part or as part of an action brought pursuant to this
Part.
(2) A person aggrieved of a violation of Subsection A or B of this Section
shall be entitled to exemplary damages.
D. A qui tam plaintiff shall not be entitled to recovery pursuant to this
Section if the court finds that the qui tam plaintiff instituted or proceeded with an
action that was frivolous, vexatious, or harassing.
Acts 1997, No. 1373, §1.
NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.