Enforcement

(a) Individual actions (1) In general A health care facility that retaliates against a health care practitioner for communicating patient safety concerns is liable to that practitioner in an amount equal to the sums determined in paragraph (2). (2) Damages In an individual action under paragraph (1), the sum awarded for liability is equal to— (A) actual damage sustained by the health care practitioner; (B) attorney’s fees and costs; and (C) punitive damages of up to $1,000,000. (b) Class actions (1) In general Class actions are authorized for health care practitioners who communicate patient safety concerns at the same health care facility or at different health care facilities under the same management or ownership. The subject of patient safety concerns or the form of retaliation need not be identical to establish a common scheme of retaliating against health care practitioners who communicate patient safety concerns. (2) Damages In a class action under paragraph (1), the sum awarded for liability is equal to— (A) the greater of $10,000 or actual damages for each named individual; (B) a total amount for all other class members, without regard to a minimum individual recovery amount, of the greatest of— (i) actual damages; (ii) $500,000; (iii) 1 percent of the net worth of the defendant health care facility; or (iv) if the defendant health care facility is fully owned, directly or indirectly, by another entity or entities, and, among all such entities that own such facility, the entity with the highest net worth owns at least 1 other health care facility at which retaliation for raising patient safety concerns is alleged in another action under this section or in a complaint described in subsection (d)(1), 1 percent of the net worth of such entity with the highest net worth that owns the health care facility; and (C) attorney's fees and costs. (c) Statute of limitations Any action alleging retaliation for communicating patient safety concerns under this section may be commenced not later than 3 years after the last action that is alleged to be retaliatory occurs. (d) Requirements prior To bring an action An action alleging retaliation for communicating patient safety concerns may be filed— (1) after the health care practitioner— (A) files a complaint with the State authority that licenses or otherwise oversees the health care facility that is the subject of the complaint; and (B) in the case that the health facility that is the subject of patient safety concerns is a hospital, files a complaint with the Joint Commission on Hospital Accreditation; and (2) not earlier than the date on which— (A) the State authority described in paragraph (1)(A) completes its investigation pursuant to such paragraph, and, as applicable, the Joint Commission on Hospital Accreditation described in paragraph (1)(B) completes its investigation pursuant to such paragraph; or (B) 180 days after the filing of a complaint under paragraph (1)(A) and, if applicable, a complaint under paragraph (1)(B).