HRS §349-23
Protection from retaliation for residents and their advocates
This law protects residents of long-term care facilities and people who help them from being punished for asking for advocacy help or filing a complaint. Retaliation includes threats, abuse, or discrimination. Violations are reported to police and are a crime.
employees
The statute, as written — Retaliatory acts by facilities or facility employees prohibited
(a) No resident of a long-term care facility seeking advocacy assistance as provided for in section [349-21] or making a complaint concerning a long-term care facility or any of its employees shall be subject to any retaliatory act by the long-term care facility or any of its employees for seeking advocacy assistance or making a complaint. (b) No person seeking advocacy assistance as provided for in section [349-21] or making a complaint concerning a long-term care facility or any of its employees on behalf of a resident of a long-term care facility shall be subject to any retaliatory act by the long-term care facility or any of its employees for seeking advocacy assistance or making a complaint. (c) For the purposes of this section, the term "retaliatory act" includes actual or threatened physical injury, psychological abuse or neglect, sexual abuse, negligent treatment, maltreatment, or any form of discrimination as reprisal for seeking advocacy assistance or making a complaint. (d) A violation of this section shall be reported by the long-term care ombudsman to the appropriate police department or prosecuting attorney. (e) Any long-term care facility or long-term care facility employee who violates this section shall be guilty of a misdemeanor. Each separate retaliatory act and each day during which any retaliatory act continues shall constitute a separate offense.
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