The proposed "Health Care Whistleblower Protection Act" aims to safeguard 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 establishes that health care entities are prohibited from taking retaliatory actions against whistleblowers who disclose information about unlawful practices, testify in investigations, or refuse to participate in activities they believe to be improper. The identity of whistleblowers is to remain confidential unless they consent to its release.
Additionally, the bill 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 a whistleblower protection policy, ensuring that employees and patients are informed of their rights. The act stipulates a two-year limitation for filing civil actions and will take effect on July 1, 2025.