Page:United States Statutes at Large Volume 119.djvu/447

 PUBLIC LAW 109–41—JULY 29, 2005

119 STAT. 429

information is patient safety work product unless such information is identified, is not patient safety work product, and is not reasonably available from another source. ‘‘(ii) NONAPPLICATION.—The limitation contained in clause (i) shall not apply in an action against a patient safety organization or with respect to disclosures pursuant to subsection (c)(1). ‘‘(B) PROVIDERS.—An accrediting body shall not take an accrediting action against a provider based on the good faith participation of the provider in the collection, development, reporting, or maintenance of patient safety work product in accordance with this part. An accrediting body may not require a provider to reveal its communications with any patient safety organization established in accordance with this part. ‘‘(e) REPORTER PROTECTION.— ‘‘(1) IN GENERAL.—A provider may not take an adverse employment action, as described in paragraph (2), against an individual based upon the fact that the individual in good faith reported information— ‘‘(A) to the provider with the intention of having the information reported to a patient safety organization; or ‘‘(B) directly to a patient safety organization. ‘‘(2) ADVERSE EMPLOYMENT ACTION.—For purposes of this subsection, an ‘adverse employment action’ includes— ‘‘(A) loss of employment, the failure to promote an individual, or the failure to provide any other employmentrelated benefit for which the individual would otherwise be eligible; or ‘‘(B) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual. ‘‘(f) ENFORCEMENT.— ‘‘(1) CIVIL MONETARY PENALTY.—Subject to paragraphs (2) and (3), a person who discloses identifiable patient safety work product in knowing or reckless violation of subsection (b) shall be subject to a civil monetary penalty of not more than $10,000 for each act constituting such violation. ‘‘(2) PROCEDURE.—The provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1), shall apply to civil money penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. ‘‘(3) RELATION TO HIPAA.—Penalties shall not be imposed both under this subsection and under the regulations issued pursuant to section 264(c)(1) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) for a single act or omission. ‘‘(4) EQUITABLE RELIEF.— ‘‘(A) IN GENERAL.—Without limiting remedies available to other parties, a civil action may be brought by any aggrieved individual to enjoin any act or practice that violates subsection (e) and to obtain other appropriate equitable relief (including reinstatement, back pay, and restoration of benefits) to redress such violation.

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