may please the court good morning my name is cholesky alleged the she was fired for telling the truth to the department of health investigators your position is and am i correct has been that this was what  is that right correct other then they could constitute a source of public policy well but if you were asking i understand that as i and coincidentally i remember clearly when a case  hour would you agree that the success or failure of your m talent played comes down to how this panel interprets the verb must first determine the breadwinner in this or definition if you will report before we can decide with anything cooked it occurs here actually isn't assume everyone needed greedy that what your client filed in september about a weapon months after the episode here with the department of health for the repor that yes it's a written document directed to the department but none of that happened in the weight of the october or was it twenty four with more episodes correct so explain for me if you would how what transpired until the time well after training the nation that what we can agree was a report was filed actually constitutes a report for m tell purposes how did what occurred and with your clients it said we did in the wake of the october twenty fourth incident prior to the formal report of september of the following year that was more than simply opposition to at best what the hospital was going to do because she was tasked with finding out the or not and so she gave a report virtually at these two meetings to the c e o and there you just put the rabbit in the hat that's not an answer using the word report in your response is not an answer how is opposition hospital's position they did did anyone determine the department of health which came on the spot pretty quickly right but in today's a sort of twenty six well the department of health came within two days on the on on a separate issue involving a different patient determine what constitutes protected activity under and yes i would this is not a question i would suggest to you that you go back and reread o'connor to determine where report and now report and some of the dictionary definitions do strike me as being a bit tautological to report means to report that's not terribly helpful so in the context of this case how should this resolve that very issue in the context of this case and noting that and tala to utilizes the word report as a verb drafted to protect one type of hospital by aleisha patient dumping here under emtala it doesn't the act of reporting even if you take a broader approach the act of reporting to a supervisor assuming that that would be a protected activity nevertheless doesn't cover what school did here which is simply a poll with a decision as to what to do next you're statute says reports a violation of requirement of this section doesn't limit it to a public entity as a limited to some kind of governmental body were sold leaving it open to su webster's dictionary that means to give a statement of facts tied with the language of emtala the whistleblower provisions require that a person provide a statement of fact that an emtala violation occurred information because the world report can't be viewed in isolation it has to be read in with the language of the statute to report a violation of them tala and your hypothetical that actually proves the point because it that said in the the better health decision even if you report something that you believe to be a violation that is certainly a patient see if i listen in that case it was patient boarding pass it's a violation if true and emtala then you were not a protected whistleblower so the facts are critical to determine whether the whistleblower act applies if you  your hypothetical and say we violated emtala because we utilize the wrong sutures even if you believe that's be a serious medical error because the utilization of wrong sutures is not prohibited conduct under  down from the department of health and admittedly you have to look at the reference number of these complaint to the department of health and the response that only records was that same reference number the department of health ultimately determined that could have violated and care and has a statute that's designed to ensure quality health care to all of the residents of pennsylvania and has the specific reporting requirements associated there with and it covers inciden misses and accidents instance a serious event where there was care in these two these four cases clearly fall under the either the near miss with the mess and a statutory and the incidence the incidents there are absolutely incidents and i think the judge kelly correctly noted is that there's no evidence to show that they're not incidents so taking all of the evidence as true in the way most addressed by the court about preemption but here the only issue is whether there is an adequate statutory remedy which would in compass these claims such that this court would have to write in some new public policy to address your suggestion i reread o'connor in my use of the war instructed my brief bad choice of words an overstatement o'connor versus jordan however it's a fact engaged in an quote to give a statement of the facts it's actually broader and again it's it seems to be kind of a lesser more informal notification and then the second is a more formal would be made by notification well the definition says but in webster's dictionary which then cited by the supreme court the united states and the other courts around the country reported something that gives information or a notification or  official formal statement of facts or proceeding so here i think this clearly would fall under the first segment a report of something that gives information or notification i mean that's not a high bar gives information and then we say when did that occur that's a conclusion that's not information again we return to how did she offer how did she present how did she provide any information that all these players did not already have and from which information they were so your position has to be then that it is merely her opposition that constitutes report you know my position is to disclose he did two things she made a report and then she opposed him protested the direct that coverup