Delaware Code Title 16 Sec. 1117 – Retaliation or discrimination against complainant
(a) A licensee or other person may not discriminate or retaliate in any manner against a resident or employee in its facility on the basis that such resident or employee or any other person on behalf of the resident or employee has initiated or participated in any proceeding pursuant to this chapter, including providing information in connection with an inspection or facilitating a protection and advocacy agency investigation. The Department shall impose a civil penalty of not more than $10,000 per violation upon any licensee or other person who violates this subsection.
Terms Used In Delaware Code Title 16 Sec. 1117
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
- Long-term care facility: includes all of the following:
- Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
- Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 1102
- Resident: means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Any attempt to expel a resident of the long-term care facility or any other type of retaliatory or discriminatory treatment of a resident or employee or any other person by whom, or upon whose behalf, a complaint has been submitted to the Department or protection and advocacy agency or who has participated in any proceeding instituted under this chapter within 1 year of the filing of the complaint or the institution of such action, shall raise a rebuttable presumption that such action was taken by the licensee or other person in retaliation for the filing of the complaint or the cooperation with the proceeding.
71 Del. Laws, c. 488, § ?2; 77 Del. Laws, c. 201, §§ ?3, 4; 81 Del. Laws, c. 206, § 17;