| "Whistleblower," according to ANA Guidelines on Reporting
Incompetent, Unethical or Illegal Practices, refers to employees who
report such practices outside their facilities.
What began as a ripple in 1997,
has been growing ever since. An issue actively supported by the
SNAs, there were 24 Whistleblower bills last year compared to 60
bills introduced so far this year. To date, only a WI bill has been
signed into law. It prohibits health care facilities/providers from
discriminating, discharging or retaliating against any person who
reports a violation of the law, clinical or ethical standard. A MO
bill pending Governor's signature, would amend the state's
whistleblower law to allow discipline of state employees if they
release false information.
Generally, the whistleblower
bills fall into one of four categories. In AL, IL, MA, MO, NY, OH,
PA, RI, WA, WV and WI the legislation was directed toward protecting
health care providers who report violations. The OH bill is specific
to protecting nurses. A second category focuses on managed care
plans or insurers and prohibits retaliatory actions against
providers or enrollees who file complaints; FL, IL, KY, NY have
considered this type of legislation. Other bills in AZ, CA, MO, TN,
VT and WA direct protections toward state employees while a majority
of the remaining bills address the employer-employee relationships
generally prohibiting retaliatory action if the employee objects or
testifies on a situation believed to be a risk to public health,
safety or environment. Currently, a total of 25 bills remain
pending.
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