§ 1135 Immunities and other protections.

16 DE Code § 1135 (2019) (N/A)
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(a) A person making any oral or written report under this subchapter is not liable in any civil or criminal action by reason of such report where such report was made in good faith or under the reasonable belief that such abuse, financial exploitation, mistreatment, or neglect has taken place.

(b) A facility may not discharge, or in any manner discriminate or retaliate against any person, by any means whatsoever, who in good faith makes or causes to be made, a report under this subchapter, or who testifies or who is about to testify in any proceeding concerning abuse, financial exploitation, mistreatment, or neglect of patients or residents of a facility.

(c) Any facility which discharges, discriminates, or retaliates against a person because the person has reported, testified, or is about to testify concerning abuse, financial exploitation, mistreatment, or neglect of patients or residents is liable to such person for treble damages, costs, and attorney fees. If a facility discharges, demotes, or retaliates by any other means against a person after the person made a report, testified, or was subpoenaed to testify as a result of a report authorized under this subchapter, there is a rebuttable presumption that such facility discharged, demoted, or retaliated against such person as a result of such report or testimony.

(d) This section does not apply to any person who has engaged in the abuse, financial exploitation, mistreatment, or neglect of a patient or resident.

65 Del. Laws, c. 442, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 201, §§ 15, 16; 81 Del. Laws, c. 206, § 36.