Healthcare workers are often the first to witness safety violations, fraudulent billing practices, regulatory misconduct, and other forms of wrongdoing in the industry. Reporting these issues takes courage. Unfortunately, some Connecticut employers respond by demoting workers, denying them a promotion, cutting their pay, engaging in intimidation or harassment, or even terminating their employment.

The whistleblower attorneys at Madsen, Prestley & Parenteau, LLC, have decades of experience representing Connecticut whistleblowers and are dedicated to helping people protect their rights through negotiation and, when necessary, litigation.

Federal and State Whistleblower Protection Laws

Healthcare is among the most highly regulated industries in the country. Whistleblowers play an important role in identifying and reporting fraud, abuse, and patient safety violations. Unfortunately, some employers may respond to allegations of wrongdoing with demotions, disciplinary write-ups, a hostile work environment, licensure complaints, reassignment to undesirable shifts or departments, or even termination of employment. Various federal and state laws protect whistleblowers from retaliation.

The False Claims Act

Some of the most serious forms of healthcare fraud involve Medicare, Medicaid, and other federal healthcare programs. Under the False Claims Act (FCA), a whistleblower (called a “relator”) can file a lawsuit on behalf of the government against an employer who submitted false claims for payment to a federal healthcare program. If the case is successful, the whistleblower may be entitled to between 15 and 30 percent of the government’s recovery. These cases, known as “qui tam” actions, have resulted in billions of dollars in recoveries nationwide.

The FCA contains important whistleblower protections. An employee who is discharged, demoted, harassed, or otherwise discriminated against because they participated in a qui tam action is entitled to reinstatement, double back pay, and attorney’s fees.

OSHA Protections

The Occupational Safety and Health Act (OSHA) includes an anti-retaliation provision that protects workers who report workplace safety issues, including conditions that create risks to patients or co-workers.

HIPAA and Whistleblower Disclosures

The Health Insurance Portability and Accountability Act (HIPAA) is best known for safeguarding patient privacy. But it also protects employees against retaliation when they make a good-faith report of unlawful conduct or violations of clinical standards to appropriate authorities, such as the Department of Health and Human Services (DHHS), a public health authority, law enforcement agencies, or an attorney. Specifically, a covered entity may not “threaten, intimidate, coerce, harass, discriminate against, or take any other retaliatory action” against a whistleblower who files a complaint, assists an investigation, or opposes violations of HIPAA.

Connecticut Statutes that Protect Healthcare Workers Against Retaliation

Various Connecticut statutes prohibit retaliation against healthcare workers who blow the whistle in different healthcare settings. Each statute is focused on specific areas of the healthcare sector.

• Conn. Gen. Stat. 19a-498a prohibits healthcare facilities from retaliating against employees who “submitted a complaint or initiated or cooperated in an investigation by or proceeding before a governmental entity relating to the care or services by, or the conditions in, such facility.” A healthcare facility that violates this law shall reinstate the employee and reimburse them for lost wages, lost work benefits, and any reasonable legal costs incurred in pursuing the employee’s rights under this section.
• Conn. Gen. Stat. 19a-532 protects employees of nursing homes and residential care facilities who institute or participate in legal proceedings against a nursing home or residential care facility. Nursing homes and residential care facilities that violate this section are liable for treble damages and shall reinstate the employee if they were terminated in violation of this section.
• Conn. Gen. Stat. 19a-127n prohibits hospitals and outpatient surgical facilities from discharging, refusing to hire, refusing to serve, or retaliating in any manner against employees who participate in the reporting of or plan to correct an “adverse event.”
• Under Conn. Gen. Stat. 17a-412, healthcare providers who reasonably believe a resident of a long-term care facility has been abused, neglected, exploited, or abandoned and report such information to the Commissioner of Social Services and are later discharged, discriminated against, or retaliated against for making such a report are entitled to treble damages and reinstatement if they were terminated; they can also seek reinstatement, back wages, and reestablishment of employee benefits.

Connecticut Statutes That Prohibit Retaliation Generally

Other Connecticut statutes prohibit retaliation more generally, but have applications to situations frequently confronted by healthcare workers. For instance, under Conn. Gen. Stat. 31-51q, if a healthcare worker speaks on a matter of public concern relating to threats to health and safety, or serious wrongdoing, or intentional dishonesty, the statute protects the employee from retaliation in the form of discipline or discharge. In Trusz v. UBS Realty Investors, the Connecticut Supreme Court made clear that the statute protects Connecticut employees, even when they are speaking pursuant to their official job duties, when their speech relates to serious wrongdoing, threats to health and safety, intentional dishonesty, or deliberately unconstitutional behavior. While the statute is not specifically written for healthcare workers, the categories of protected speech, including threats to health and safety and serious wrongdoing, often apply to healthcare workers who are reporting concerns about threats to patient safety or illegal or fraudulent practices.

Similarly, Conn. Gen. Stat. 31-51m prohibits retaliation against employees who report violations or suspected violations of law to public agencies, or who are requested by a public agency to participate in an investigation or inquiry, or who report suspected child abuse or neglect.

Finally, Conn. Gen. Stat. 4-61dd protects employees of the State of Connecticut from retaliation for engaging in various forms of protected speech relating to corruption, unethical practices, violation of state laws or regulations, mismanagement, gross waste of funds, abuse of authority or danger to the public safety occurring in any state department or agency, or any quasi-public agency. Employees of the State of Connecticut who are working in a state-operated healthcare facility and report concerns regarding any of those enumerated categories are protected under the statute.

Different Remedies Available to Connecticut Whistleblowers Who Experience Retaliation

Different remedies are available depending on the statute referenced. For example, the federal False Claims Act, Conn. Gen. Stat. 31-51q, and Conn. Gen. Stat. 31-51m allow employees to file a lawsuit in court to obtain monetary damages. However, that is not the case for all statutes. For instance, while HIPAA protects employees against retaliation when they make a good-faith report of unlawful conduct or violations of clinical standards to appropriate authorities, it does not allow an employee to bring a lawsuit in court for blowing the whistle on a HIPAA violation. Other statutes, such as Conn. Gen. Stat. 4-61dd, allow employees to file retaliation complaints with administrative agencies, but not lawsuits in court. Additionally, the various statutes referenced have different statute of limitation deadlines that define when claims must be filed and provide for different remedies.

To protect their rights, healthcare workers who experience retaliation for blowing the whistle should seek advice from experienced legal counsel with expertise representing employees in retaliation lawsuits.

What To Do If You Experience Retaliation in the Workplace

If you reported illegal or unethical conduct in the workplace and believe you are being retaliated against, there are several steps you can take to protect yourself.

1. Document Everything. Keep a detailed record of performance reviews, emails, disciplinary notices, and communications related to your report and any actions you believe to be retaliatory.
2. Report the Retaliation. Report the activity to your supervisor or human resources department.
3. Contact an Attorney. Workplace retaliation cases can be complex. A knowledgeable and experienced employment attorney can protect your rights and provide valuable legal advice on how to move forward.
4. Take Legal Action. If internal efforts do not resolve the issue, you may need to consider legal action. The whistleblower retaliation attorneys at Madsen, Prestley & Parenteau, LLC, can advise you on your legal rights, remedies available, and how to proceed.

How a Whistleblower Attorney Can Help

Healthcare workers who report unethical or illegal activity are protected under various federal and state laws. If you reported your employer’s illegal activity and were retaliated against, you may have a legal claim. Our attorneys can protect your rights and provide legal advice and guidance on your legal options, including whether and how to pursue available claims, applicable filing deadlines, and how to move forward.

Contact the Whistleblower Protection Attorneys at Madsen, Prestley & Parenteau Today

To learn more about how the whistleblower protection attorneys at Madsen, Prestley & Parenteau, LLC, can assist you, contact us online or call 860-246-2466 to schedule a confidential consultation at our Hartford or New London office.