Sec. 5. Whistleblower protections
401 words·~2 min read·
/bill/119/s/526/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof shall not, directly or indirectly, discharge, demote, suspend, diminish, or withdraw benefits from, threaten, harass, or in any other manner discriminate against or adversely impact a covered individual because— the covered individual, or anyone perceived as assisting the covered individual, takes (or is suspected to have taken or will take) a lawful action in providing to Congress, an agency of the Federal Government, the attorney general of a State, a State regulator with authority over the distribution or insurance coverage of prescription drugs, or a law enforcement agency relating to any act or omission that the covered individual reasonably believes to be a violation of this Act; the covered individual provides information that the covered individual reasonably believes evidences such a violation to— a person with supervisory authority over the covered individual at the pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof; or another individual working for the pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation; the covered individual testifies (or it is suspected that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; or the covered individual assists or participates (or it is expected that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding.
An individual who alleges any adverse action in violation of subsection
(a)may bring an action for a jury trial in the appropriate district court of the United States for the following relief: Temporary relief while the case is pending. Reinstatement with the same seniority status that the individual would have had, but for the discharge or discrimination. Twice the amount of back pay otherwise owed to the individual, with interest. Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees. The rights and remedies provided for in this section shall not be waived by any policy form or condition of employment, including by a predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section.