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2000 State Legislative Trends

2000 Legislation: "Whistleblower" Protection"
Department of State Government Relations November 30, 2000.
'Whistleblower' Protection map 
"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.

[Click here for larger version of map. File size:16K

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