135C.46 - RETALIATION BY FACILITY PROHIBITED.
135C.46 RETALIATION BY FACILITY PROHIBITED.
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 to 135C.43 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. Section History: Early Form
[C77, 79, 81, § 135C.46]