LegalFix

§ 2-505. Civil liability

MD Health-Gen Code § 2-505 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    A person is not civilly liable for:

(1)    Making a report in good faith of fraud, waste, or abuse; or

(2)    Participating in any investigation related to fraud, waste, or abuse.

(b)    (1)    This subsection does not apply to an employee as defined in § 1-501(c) of the Health Occupations Article or a State employee.

(2)    A provider may not take a retaliatory action against an employee because the employee:

(i)    Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of the provider that the employee reasonably believes is in violation of this subtitle or a regulation adopted under this subtitle;

(ii)    Provides information to, or testifies before, a public body conducting an investigation, hearing, or inquiry into a suspected violation by the provider under this subtitle or a regulation adopted under this subtitle; or

(iii)    Objects to or refuses to participate in any activity, policy, or practice that the employee reasonably believes is in violation of this subtitle or regulations adopted under this subtitle.

(3)    Any employee who is subject to an action in violation of paragraph (2) of this subsection may institute a civil action in the county where:

(i)    The alleged violation occurred;

(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 attorney’s 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.

(6)    A provider shall:

(i)    Conspicuously display notices of its employee protections under this subsection; and

(ii)    Use appropriate means to inform its employees of the protections and obligations provided under this subsection.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 2-505. Civil liability