Any employee who is discharged, demoted, suspended, threatened, harassed or otherwise discriminated against in the terms and conditions of employment by the employer because of lawful acts done by the employee on behalf of the employee or others in disclosing information to the department or in furthering a false claims action pursuant to the Medicaid False Claims Act, including investigation for, initiation of, testimony for or assistance in an action filed or to be filed pursuant to that act, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status that the employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. An employee may bring an action in the appropriate court of the state for the relief provided in this subsection.
History: Laws 2004, ch. 49, § 12.
Effective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Chapter 27 - Public Assistance
Article 14 - Medicaid False Claims Act
Section 27-14-1 - Short title.
Section 27-14-3 - Definitions.
Section 27-14-4 - False claims against the state; liability for certain acts.
Section 27-14-5 - Documentary material in possession of state agency.
Section 27-14-7 - Civil action for false claims.
Section 27-14-8 - Rights of the parties to qui tam actions.
Section 27-14-9 - Award to qui tam plaintiff.
Section 27-14-10 - Certain actions barred.
Section 27-14-11 - Department not liable for certain expenses.
Section 27-14-12 - Employee protection.
Section 27-14-13 - False claims and reporting procedure.