Healthcare workers are often the first to see when something isn’t right. But speaking up about patient safety, quality of care, illegal conduct, or improper billing can feel risky. Fortunately, whistleblower protections for Minnesota healthcare workers exist under both state and federal law for those who raise these concerns.
Medical professionals working in Minnesota have the same basic anti-retaliation protections as other employees under the Minnesota Whistleblower Act (“MWA”). This means that employers cannot take an adverse employment action (i.e., a punishment) for reporting illegal conduct. However, on top of that, the MWA delineates specific and enhanced protections for healthcare workers because patient safety and avoiding unnecessary healthcare costs are paramount and matters of public concern.
Understanding the Minnesota Whistleblower Act (MWA)
The MWA specifically calls out protections for medical professionals and employees working in healthcare who report serious quality-of-care problems by covering “situation[s] in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm,” that are reported by the employee. Minn. Stat. § 181.932, subd. 1(4).
This means that the medical professional is protected, not only when he or she reports a violation of a written state or federal law on the books, but also when he or she reports a standard of care that falls below accepted clinical or ethical standards. These broader protections are meant to help workers speak up without fear of being penalized or losing their jobs. This is a powerful law that our lawyers at MSB Employment Justice have had much success with in the past against large and powerful healthcare organizations. If you are considering “engaging in protected conduct,” as we call it in our field, which effectively means “blowing the whistle,” please reach out to us for a no-obligation, confidential consultation.
Understanding the False Claims Act
There is also a law at the federal level called the False Claims Act that, among other things, protects people who report fraud against the government. Healthcare workers often see this kind of fraud because so much federal money is spent on healthcare, and, as a result, billing can be abused and tax dollars taken advantage of. Employers can’t retaliate against healthcare workers who report fraud like billing for services that weren’t provided (called upcoding), billing for unnecessary services, or similar improper billing practices.
In some cases, an employee can also bring a claim on the government’s behalf and, if the case succeeds, receive a portion of what the government recovers. Retaliation against the whistleblowing employee is, of course, prohibited just like the MWA. For a closer look at how these protections apply in a specific industry, see our discussion of Minnesota medical device whistleblower cases.
Understanding the Occupational Safety and Health Administration (OSHA)
The Occupational Safety and Health Association (“OSHA”) acts at both the state and federal levels to protect workers from retaliation for reporting unsafe workplace conditions, either to their employer or to the government. For healthcare workers, this was especially important during the COVID-19 pandemic, when facilities had to balance business needs with employee safety. Reporting unsafe conditions is a protected activity, and employers are not allowed to retaliate because of it. That’s why it’s worth knowing the legal protections for whistleblowers in Minnesota before you need them.
Navigate Your Whistleblower Case Today
If something doesn’t seem right, Contact MSB Employment Justice. Understanding your rights early can often prevent a much larger problem later. Our whistleblower attorneys know how whistleblower protections for Minnesota healthcare workers apply in practice, and can help you decide what to do before you report, or step in if retaliation has already started. We are experts in representing our clients in these complex whistleblower matters and have a proven track record of success against employers, large and small.
