1. A facility shall not discriminate or retaliate in any way against a resident or an employee of the facility who has initiated or participated in any proceeding authorized by this chapter. A facility which violates this section is subject to a penalty of not less than two hundred fifty nor more than five thousand dollars, to be assessed and collected by the director in substantially the manner prescribed by sections 135C.40 through 135C.42 and paid into the state treasury to be credited to the general fund, or to immediate revocation of the facility’s license.
2. Any attempt to expel from a health care facility a resident by whom or upon whose behalf a complaint has been submitted to the department under section 135C.37, within ninety days after the filing of the complaint or the conclusion of any proceeding resulting from the complaint, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint. [C77, 79, 81, §135C.46] 2021 Acts, ch 80, §69 \n 135C.47 Report listing licensees and citations. Repealed by 98 Acts, ch 1141, §3. \n
Notes of Decisions
Karen Dorshkind v. Oak Park Place of Dubuque II, L.L.C., 835 N.W.2d 293 (Iowa 2013).
· cites it 4× “As we put it, Our legislature has made it clear through section 135C.46 that the prohibition against retaliatory discharge only applies to residents and employees of the health care facility.”
Ballalatak v. All Iowa Agric. Ass'n, 781 N.W.2d 272 (Iowa 2010).
· cites it 2× “Iowa Code section 135C.46 protects health care facility employees who participate in a proceeding under that chapter.”
Thompto v. Coborn's Inc., 871 F. Supp. 1097 (N.D. Iowa 1994).
· cites it 2× “10 (“no-retaliation” clause for employee who seeks recovery of unpaid wages); Iowa Code § 135C.46 (“no-retaliation” clause in act regulating health care facilities); Iowa Code § 216.”
Raymond v. U.S.A. Healthcare Ctr.-Fort Dodge, L.L.C., 468 F. Supp. 2d 1047 (N.D. Iowa 2006).
· cites it 2× “, in Iowa District Court 1 asserting discharge in violation of public policy pursuant to Iowa Code § 135C.46 (retaliation for “whistle-blowing”) and discharge in violation of public policy pursuant to Iowa Code § 85.”
Kallich v. North Iowa Anesthesia Assocs., P.C., 179 F. Supp. 2d 1043 (N.D. Iowa 2002).
· cites it 2× “2d 681, 685 (Iowa 2001) (noting that “Iowa Code section 135C.46 declares a clear public policy against retaliatory discharge for initiating or participating in a complaint against a health care facility,” where the statutory language prohibited retaliation against “a resident or…”
— Iowa Code § 135C.46(1) — 1 case
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