How Healthcare Workers Benefit From the Whistleblower Protection Act
As a healthcare worker, it is within your rights to report any instances where you reasonably believe your employer is defrauding the government. However, the prospect of blowing the whistle may be worrying due to fears of backlash. In this comprehensive blog, you will learn how the Whistleblower Protection Act of 1989 offers protections you can benefit from.
How the Protects Healthcare Workers
Whistleblowers, including those in healthcare, perform a critical service by reporting what they believe to be evidence of wastage, fraud, abuse, or mismanagement. In doing so, they help the government combat corruption and sheer negligence within federal agencies. Thus, the Whistleblower Protection Act of 1989 protects these insiders from retaliation from their employers.
Defining Whistleblowing as Stipulated in the Whistleblower Protection Act of 1989
To be eligible, you must follow the procedure the Act outlines when bringing the information to light. To begin with, you should disclose the allegations to a party other than the perpetrator. Notably, reporting within this agency does not make you a whistleblower, and you will not be eligible for protection if they retaliate.
Though relatively rare in the healthcare industry, whistleblowing can at times be illegal. Such situations are delineated in the Military Whistleblower Protection Act, mostly exposing confidential information related to national security.
What Does the Act Protect You From?
Simply put, it shields you from retaliation from your employer for exposing their misconduct. The reprisal can be in the form of suspension, reduction, demotion, or even reassigned to a less desirable position.
What Can You Report?
“The Whistleblower Protection Act offers protections from retaliation for reporting anything you reasonably believe to be fraudulent, even if it does not amount to a criminal offense,” says attorney Bill Nettles.
For instance, while the activities outlined below could be classified as relatively minor, reporting them will still make you eligible for protection:
- Gross mismanagement or financial waste
- Abuse of authority
- Actions that pose danger to public safety
Finally, even though you are allowed to report all kinds of malpractices, your allegations should be serious enough to trigger protection.
Who Is Protected?
The Whistleblower Protection Act of 1989 covers all federal employees, regardless of their capacity, whether temporary, current, former, or probationary workers. Independent, however, contractors are ineligible because they do not face the same risks as whistleblowing employees.
Here are the federal healthcare agencies whose workers are eligible for the act’s protections:
- National Institutes of Health (NIH)
- U.S. Department of Health and Human Services (HHS)
- Centers for Medicare and Medicaid Services (CMS)
- U.S. Department of Veterans Affairs (VA)
- Food and Drug Administration (FDA)
- Centers for Disease Control (CDC)
Conclusion: What to Do if Your Rights Are Violated
Sometimes federal agencies weigh the pros and cons of breaking the law before doing so. Therefore, your employer may still violate your rights by striking back after you expose their indiscretions, sometimes by firing or demoting you. When that happens, the Whistleblower Protection Act gives you the right of action. In other words, you can sue your employer for wrongful termination to recover financial compensation. In such a case, consulting with a whistleblower attorney for advice and guidance on navigating the often complex and nuanced legal process is important.
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