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Oregon Lawmakers Seek to Stregthen Whistleblower Protections for Healthcare Workers

The Oregon legislature is debating a bill which would protect from retaliation any hospital employee who reports misconduct that he/she believes is a violation of law, policy, or professional standards. Under current Oregon law, nurses already enjoy these protections. Senate Bill 237 would extend these protections to all hospital staff. 

Although it is unfortunate that the law contains an internal-reporting requirement for particular types of disclosures, it is particularly heartening to see states taking steps to fill the gaps in protection for healthcare workers. Employees in the medical field have long been without protection, and they were provided with very limited protections under the Patient Protection and Affordable Care Act of 2009. The whistleblower-protection portions of that law mainly protected employees who report to their employer misconduct with regard to insurance, such as the refusal of coverage based on improper reasons, like pre-existing conditions (it is notable that the 2009 national healthcare law also provided crucial amendments to the False Claims Act). Until Congress passes a national law protecting healthcare employees who blow the whistle, it is vital that states like Oregon step up to the plate for medical professionals in their state.


 

20 Groups File Amicus Brief for Physician Whistleblower

 

Many of our readers (and certainly those who attended Whistleblower Week in Washington 2008) may have heard about the case of Dr. Gil Mileikowsky. Dr. Mileikowsky is a California Obstetrician who, in 2000, began blowing the whistle on some very disturbing issues at a hospital that was operated by Tenet Healthcare. Among other things, Dr. Mileikowsky, who has been practicing in the US since 1979, reported negligence by his coworkers and a lack of willingness by the hospital to investigate medical errors. Because of these reports, he suffered unrelenting retaliation, and has been stripped of his clinical priveleges. (for more information on Dr. Mileikowsky, see his homepage and the Alliance for Patient Safety website, which details his struggle).

Dr. Mileikowsky has filed suit against HCA and Tenet Healthcare, and the case is currently being appealed in the Supreme Court of California. 20 Public Interest Groups, including the National Whistleblower Center, have signed on to an Amicus Curaie brief in support of this brave physician.

Click Here to read the brief.