The Health Care Whistleblower Protection Act establishes protections for individuals who report unlawful or improper actions within health care entities in New Mexico. The bill defines key terms such as "whistleblower," "retaliatory action," and "health care entity," and prohibits health care entities from taking retaliatory actions against whistleblowers who disclose information about unlawful practices, provide testimony in investigations, or refuse to participate in activities they believe to be unlawful. The identity of whistleblowers is to remain confidential unless they consent to its release.
Additionally, the Act grants whistleblowers the right to pursue civil action for damages against health care entities that violate these protections, including provisions for actual damages, reinstatement, and attorney fees. It also requires health care entities to adopt and publicly post whistleblower protection policies, ensuring that employees and patients are informed of their rights. The bill includes a two-year statute of limitations for filing civil actions and specifies that the remedies provided are not exclusive, allowing for additional legal recourse under other laws. The provisions of the Act are set to take effect on July 1, 2025.