posed under this section, the violation for 
which the penalty was imposed, and such 
additional information as the Secretary de-
termines appropriate. 
‘‘(ii) CHANGE OF OWNERSHIP.—With 
respect to a participating hospital that had 
a change in ownership, as determined by 
the Secretary, penalties imposed on the 
hospital while under previous ownership 
shall no longer be published by the Sec-
retary of such Internet site after the 1- 
year period beginning on the date of 
change in ownership. 
‘‘(f) WHISTLE-BLOWER PROTECTIONS.— 
‘‘(1) PROHIBITION
OF
DISCRIMINATION
AND 
RETALIATION.—A participating hospital shall not 
discriminate or retaliate in any manner against any 
patient or employee of the hospital because that pa-
tient or employee, or any other person, has pre-
sented a grievance or complaint, or has initiated or 
cooperated in any investigation or proceeding of any 
kind, relating to the staffing system or other re-
quirements and prohibitions of this section. 
‘‘(2) RELIEF FOR PREVAILING EMPLOYEES.— 
An employee of a participating hospital who has 
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been discriminated or retaliated against in employ-
ment in violation of this subsection may initiate judi-
cial action in a United States District Court and 
shall be entitled to reinstatement, reimbursement for 
lost wages and work benefits caused by the unlawful 
acts of the employing hospital. Prevailing employees 
are entitled to reasonable attorney’s fees and costs 
associated with pursuing the case. 
‘‘(3) RELIEF
FOR
PREVAILING
PATIENTS.—A 
patient who has been discriminated or retaliated 
against in violation of this subsection may initiate 
judicial action in a United States District Court. A 
prevailing patient shall be entitled to liquidated 
damages of $5,000 for a violation of this statute in 
addition to any other damages under other applica-
ble statutes, regulations or common law. Prevailing 
patients are entitled to reasonable attorney’s fees 
and costs associated with pursuing the case. 
‘‘(4) LIMITATION ON ACTIONS.—No action may 
be brought under paragraph (2) or (3) more than 2 
years after the discrimination or retaliation with re-
spect to which the action is brought. 
‘‘(5) TREATMENT
OF
ADVERSE
EMPLOYMENT 
ACTIONS.—For purposes of this subsection— 
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‘‘(A) an adverse employment action shall 
be treated as ‘retaliation or discrimination’; and 
‘‘(B) an adverse employment action in-
cludes— 
‘‘(i) the failure to promote an indi-
vidual or provide any other employment-re-
lated benefit for which the individual would 
otherwise be eligible; 
‘‘(ii) an adverse evaluation or decision 
made in relation to accreditation, certifi-
cation, credentialing, or licensing of the in-
dividual; and 
‘‘(iii) a personnel action that is ad-
verse to the individual concerned. 
‘‘(g) RULES OF CONSTRUCTION.— 
‘‘(1) RELATIONSHIP TO STATE LAWS.—Nothing 
in this section shall be construed as exempting or re-
lieving any person from any liability, duty, penalty, 
or punishment provided by any present or future law 
of any State or political subdivision of a State, other 
than any such law which purports to require or per-
mit the doing of any act which would be an unlawful 
practice under this title. 
‘‘(2) RELATIONSHIP TO CONDUCT PROHIBITED 
UNDER THE NATIONAL LABOR RELATIONS ACT.— 
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Nothing in this section shall be construed as permit-
ting conduct prohibited under the National Labor 
Relations Act or under any other Federal, State, or 
local collective bargaining law. 
‘‘(h) REGULATIONS.—The Secretary shall promul-
gate such regulations as are appropriate and necessary to 
implement this Act. 
‘‘(i) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘participating hospital’ means a 
hospital that has entered into a provider agreement 
under section 1866; 
‘‘(2) the term ‘registered nurse’ means an indi-
vidual who has been granted a license to practice as 
a registered nurse in at least one State; 
‘‘(3) the term ‘unit’ of a hospital is an organi-
zational department or separate geographic area of 
a hospital, such as a burn unit, a labor and delivery 
room, a post-anesthesia service area, an emergency 
department, an operating room, a pediatric unit, a 
step-down or intermediate care unit, a specialty care 
unit, a telemetry unit, a general medical care unit, 
a subacute care unit, and a transitional inpatient 
care unit; 
‘‘(4) a ‘shift’ is a scheduled set of hours or duty 
period to be worked at a participating hospital; and 
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‘‘(5) a ‘person’ includes one or more individ-
uals, associations, corporations, unincorporated or-
ganizations or labor unions.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall become effective on January 1, 2008. 
Æ 
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