A long-term care facility, and its agents, may not take or threaten retaliatory action against a long-term care resident, an employee, or any other individual because of the filing of a complaint by or on behalf of the long-term care resident, or because of the provision of information to a long-term care ombudsman constituting or relating to a complaint. Examples of retaliatory actions include:

1. The discharge from or termination of employment;

2. The demotion, negative work performance evaluation, reduction of hours worked, reduction of benefits or work privileges, or reduction in remuneration for services of the employee; or

3. The restriction or prohibition of access by the employee to any place of employment or to individuals affiliated with the place of employment.

History: Effective March 1, 1997.

General Authority: NDCC 50-10.1-03(8); 42 U.S.C. 3011, et seq.

Law Implemented: NDCC 50-10.1-03(8), 50-10.1-05