Whistleblower Protection Act: What Healthcare Workers Need to Know

Whistleblowing has become a household term these days, and we can all thank Mr Snowden for that. Since that fateful time in our history, whistleblowers have been stepping forward and coming clean in vast numbers.

And their efforts have most certainly not been in vain. The world owes whistleblowers a debt of gratitude, and they need to be protected from those who would wish them harm.

That is what the Oberheiden P.C. healthcare whistleblower attorney has been taking care of. Keeping the rights of whistleblowers intact and unviolated, while the real culprits are brought to justice.

Whistleblowing can come in many forms and for several reasons, all of which warrant their due attention. The ramifications of actions that are not reported have the potential for some dire consequences and could go as far as costing someone their livelihood or even their life.Â Â

Whistleblowing in Healthcare

Whistleblowing is the act of an employee, trainee, former employee, agency worker, or a member of an organization that has concerns about a potential wrongdoing. These are most commonly witnessed in the workplace. Although it is seen across many industries, whistleblowing is the backbone of the transparency that we are beginning to see in society today.

These are a few of the transgressions that can be classified as whistleblowing worthy:

Unsafe patient care
Poor clinical practices
Failure to properly safeguard patients
Untrained staff
Inadequate administration of medications
Unsafe working conditions
Lack of policies and procedures
Bullying
Unwell, stressed, or burnout staff that refuse to seek assistance or help

What makes these types of complaints different than just a personal grievance is that these types of complaints and concerns involve public rather than private interests. If you have any doubts or queries, it is best to speak to an Oberheiden P.C. whistleblower attorney. They can expertly advise you on any whistleblower protection information that you may need to know.Â

Whistleblowers Protection Act

Both current and former U.S. Department of Health and Human Service (HHS) employees, applicants for employment, subcontractors, grantees, and subgrantees who disclose information to the Office of Inspector General (OIG) or other authorized recipient are afforded protection against retaliation from employers under the Whistleblower Protection Act of 1989, as well as the Presidential Policy Directive 19.

It is for the common good that whistleblowers are protected and provided the necessary support that they need to continue providing for their families. These and other laws protect whistleblowers who report specific wrongdoing; however, for a report to be considered a protected disclosure, the following criteria must be met:

The disclosure must be based on a reasonable belief that the alleged wrongdoing has occurred. Take note that the definition of wrongdoing does vary slightly depending on the place of the accuser's employment.
The disclosure must be submitted to an authorized recipient, i.e., a person or entity that is authorized to receive it. Employees who have a valid reason for believing that they have evidence of wrongdoing are always protected if submitting information to the OIG Hotline.

The Whistleblowing Process

Most organizations nowadays have a whistleblowing policy to help guide any whistleblowers through the process the right way. This can usually be accessed via the human resources department or through a trade union.

The best way to report a complaint is in confidence. That means that although your reported complaint is kept local, i.e. your line manager or a more senior member of management, your anonymity should remain undisclosed for as long as it is possible. Your identity should not be revealed without your consent and can only be released if legally obliged.

Reports can be made in anonymity, keeping your identity a complete secret. By doing this, it may hamper or halt the investigation as the person reporting may not be reachable again - being anonymous. Additionally, remaining anonymous does not allow someone the opportunity to receive updates regarding the investigation.

The massive benefit of remaining anonymous is that you will never be under suspicion from your fellow employees. If you do choose to take the covert route, make sure that what you are reporting is material and is of concern; otherwise, all your efforts may just be in vain.Â

The Importance of Whistleblowing in the Health and Social Care Services

As outlined in their professional code of conduct, healthcare, and social workers must put their patients and the people they work for first. It is their duty to report any actions that may cause harm to these people. Through whistleblowing (an early warning system), malpractice can be addressed before it turns into a very costly practice.Â

Although some mistakes may be minor, the consequences can have some disastrous effects, with patients often being at the tail end, taking the brunt of these blunders. At the end of the day, it is the patients who suffer and bear the burden upon themselves and their financial standing.

Other benefits of whistleblowing include:

Helps prevent fraud, corruption, and other unethical behavior
Prevents reputation damage through an internal rather than external solution
Stops issues from escalating by catching a problem early on
Reduces a number of financial losses from re-occurring
Raises awareness about illegal or unethical behavior
Creates an open culture where employees are encouraged to speak up and take responsibility