Most states have mechanisms for reporting health care organizations that have excessive errors in providing services, maintain dangerous environmental conditions and are generally injurious to their patient population. However, due to a fear of loss of confidentiality, health care workers fail to report the unsafe conditions. Fear of losing a job or being shifted to part-time has a chilling effect on health care workers willingness to act as patient advocates, even when they witness poor quality or dangerous care. The challenge for the states that want to raise and maintain quality services in all of their health care facilities is to use as many resources as possible to detect deficiencies in the provision of health care services. One invaluable resource is the employee who will report unsafe patient conditions and health care treatment.
Some states already have whistleblower protection legislation.
However, for the most part, they fall woefully short of providing comprehensive protections for whistlelowers. Should specify what it means by retaliation or discrimination, e.g., a threat, intimidation, harassment, demotion, transfer, suspension, termination, or other adverse change in a health care worker s wages, benefits, or terms or condition of employment. Should specify what it means by health care worker, e.g., one who is employed by or who contracts with the health care facility to provide health services to patients including, but not limited to, registered nurses, licensed practical nurses, nurse practitioners, nurse midwives, physicians, residents, interns, nurse s aides, laboratory technicians, clerical employees, and support staff. The health care worker should also be entitled to reinstatement, reimbursement of lost wages and work benefits caused by the acts of the facility, and the legal costs associated with pursuing the civil action. Should specify that confidentiality will be guaranteed to the health care worker and whose identity will not be disclosed except by written permission of the health care worker and except in the case in which there is imminent danger to the public safety or imminent violation of a criminal law.