(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.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 349-23

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(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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