§ 19a-532 — (Formerly Sec. 19-614). Discrimination against complainants and others prohibited. Penalty.

No nursing home facility or residential care home shall discharge or in any manner discriminate or retaliate against any resident of any nursing home facility or residential care home, or any relative, guardian, conservator or sponsoring agency thereof or against any employee of any nursing home facility or residential care home or against any other person because such resident, relative, guardian, conservator, sponsoring agency, employee or other person has filed any complaint or instituted or caused to be instituted any proceeding under sections 17a-413, 17a-876, 19a-531 to 19a-534, inclusive, 19a-536 to 19a-539, inclusive, 19a-550, 19a-553, 19a-554 or section 19a-562g, or has testified or is about to testify in any such proceeding or because of the exercise by such resident, relative, guardian, conservator, sponsoring agency, employee or other person on behalf of himself, herself or others of any right afforded by said sections. Notwithstanding any other provision of the general statutes, any nursing home facility or residential care home that violates any provision of this section shall (1) be liable to the injured party for treble damages, and (2) (A) reinstate the employee, if the employee was terminated from employment in violation of any provision of this section, or (B) restore the resident to his or her living situation prior to such discrimination or retaliation, including his or her housing arrangement or other living conditions within the nursing home facility or residential care home, as appropriate, if the resident's living situation was changed in violation of any provision of this section. For purposes of this section, “discriminate or retaliate” includes, but is not limited to, the discharge, demotion, suspension or any other detrimental change in terms or conditions of employment or residency, or the threat of any such action. See Sec. 17a-870 et seq. re Office of Long-Term Care Ombudsman and residents' advocates.

Legislative History

(P.A. 75-468, S. 8, 17; P.A. 77-575, S. 13, 23; P.A. 13-208, S. 42; P.A. 19-89, S. 4.) History: P.A. 77-575 deleted reference to Secs. 19-602 to 19-606, added reference to Sec. 17-135i, and substituted Sec. 17-135g for 19-621 reflecting transfer of section; Sec. 19-614 transferred to Sec. 19a-532 in 1983; P.A. 13-208 added references to residential care home and made technical changes, effective July 1, 2013; P.A. 19-89 replaced references to patient with references to resident, added reference to Sec. 19a-562g, designated existing provisions re liability to injured party for treble damages as Subdiv. (1), added Subdiv. (2) re reinstatement of employee or restoration of resident to living situation, added provision defining “discriminate or retaliate”, and made technical changes.