Patient Rights & Responsibilities

PURPOSE:

To ensure that Memorial Medical Center fulfills the statutory requirement that every entity covered by the Health Care Consolidation Oversight Act adopt, publish, and enforce a whistleblower protection policy that protects whistleblowers from retaliatory action. (See NMSA § 24A‑9‑12(C).)

SCOPE:

All Company-affiliated facilities in the State of New Mexico including, but not limited to, hospitals, ambulatory surgery centers, physician practices, and all Corporate Departments and Divisions.

DEFINITIONS: 

For purposes of this policy, and in accordance with § 24A‑9‑12(A):

Entity

Good Faith

A reasonable basis in fact exists as evidenced by the facts available.

Retaliatory Action

Any discriminatory or adverse action taken by the entity against a whistleblower, including termination, discharge, demotion, suspension, harassment, or limitation on access to health care services.

Unlawful or Improper Act

A practice, procedure, action, or failure to act by the entity that violates the Health Care Consolidation Oversight Act or interferes with the authority or attorney general’s ability to exercise authority under that Act.

Whistleblower

A health care provider, officer, employee, contractor, subcontractor, or authorized agent of the entity who reveals information about an unlawful or improper act by the entity.

Protected Whistleblower Activities

Under § 24A‑9‑12(B), the entity shall not take retaliatory action against a whistleblower who, in good faith:

• Discloses information to the Health Care Authority (“authority”), the Attorney General, the Office of Superintendent of Insurance (“office”), or any other state, local, or federal government body about an act or failure to act that the whistleblower believes constitutes an unlawful or improper act.
• Provides information or testifies before a public body as part of an investigation, hearing, or inquiry into an unlawful or improper act.
• Objects to or refuses to participate in an activity, policy, or practice that the whistleblower believes in good faith is an unlawful or improper act.

Policy Requirements

As required by § 24A‑9‑12(C):

• The entity adopts, promulgates, and enforces this whistleblower protection policy.
  
• This policy must be distributed to all officers, employees, contractors, subcontractors, health care providers, and authorized agents in writing or electronically.
• This policy must be posted:
  • At each workplace of the entity;
  • On the entity’s website.

Prohibition on Retaliation and Administrative Penalties

The entity strictly prohibits any retaliatory action—defined in § 24A‑9‑12(A)(3)—against any whistleblower engaging in protected activities described in Section 3.

• The Secretary of the Health Care Authority may assess administrative fines on any entity found to have engaged in retaliatory action.

Non-Waiver of Rights

Under § 24A‑9‑12(H):

• The rights and remedies in this section cannot be waived by:
  
  • Agreements
  • Employment conditions
  • Policy forms
  • Arbitration agreements

Any attempt to waive rights under this statute is void.

No Limitation of Other Laws

Under § 24A‑9‑12(I):

• Nothing in this policy reduces, limits, or replaces whistleblower protections or remedies available under:
  
  • Federal law
  • State law
  • Collective bargaining agreements

Whistleblowers retain all other statutory and contractual rights.

Reporting Channels

To support compliance with § 24A‑9‑12, the entity provides the following reporting options:

• Direct external reporting to the Authority, Attorney General, Office of Superintendent of Insurance, or any state/federal/local body (as expressly permitted by statute). Internal reporting is not required before making an external report.
• Supervisor, People Services, Facility Compliance Officer
  
• Direct report to Compliance Hotline (1.877.508.LIFE (5433)) (anonymous permitted)

Facility responsibilities include, but are not limited, to:

• Ensuring that all employees, including management, and any contractors or agents of the facility, are provided with this policy within 30 days of commencing employment or contractor status. 
  
• Making revisions to this policy as necessary to comply with changes in the law.  Changes must be documented and implemented.

REFERENCES:

NMSA § 24A-9-12