Patient Safety and Whistleblower Protections Act

Key Points

• This bill prohibits hospitals, clinics, nursing homes, and all other healthcare facilities from punishing doctors, nurses, or other staff who speak up about patient safety problems — including concerns about staffing levels, equipment shortages, or quality of care.
• If a healthcare worker faces any negative job action within 180 days of reporting a safety issue, the law automatically assumes it was illegal retaliation unless the employer proves otherwise. Workers who blow the whistle would also be freed from non-compete agreements tied to that employer.
• Healthcare workers who face retaliation can sue for actual damages, attorney's fees, and up to $1 million in punitive damages. Groups of workers can also file class-action lawsuits against healthcare systems with a pattern of punishing whistleblowers.
• All Medicare-participating facilities would be required to set up anonymous reporting systems for patient safety concerns and create a process for investigating and resolving reported problems. This requirement takes effect one year after the bill becomes law.
• Workers are generally expected to report safety issues internally or to government authorities first. But if no meaningful action is taken within 90 days, they can go to the news media and still keep their legal protections against retaliation.
• Any contract clause that prevents a healthcare worker from speaking truthfully about patient safety or care quality is automatically voided under this bill, overriding existing gag clauses and NDAs.

Votes

No votes have been recorded for this legislation yet.