San Diego Whistleblower Lawyer

Healthcare Worker Whistle Blowers

California Health and Safety Code Section 1278.5(b) prohibits healthcare facilities from discriminating or retaliating against employees who present complaints or grievances about the care, services, or conditions of a healthcare facility. California Health and Safety Code Section 1278.5(d) creates a rebuttable presumption the employee has been discriminated against for so reporting if the discriminatory treatment occurs within 120 days of the reporting.31 U.S.C. 3729 (otherwise known as the Federal False Claims Act) and California Government Code Sections 12650-12651 (Otherwise known as the California State False Claims Act) prohibits all companies (including healthcare facilities) from making false claims for reimbursement such as to Medi-Cal or Medicare. False claims in the healthcare setting often involve submitting claims for services not rendered, or inflating the charges.

California Government Code Section 12940(g) makes it discrimination under the Fair Employment and Housing Act to harass, discharge, or otherwise discriminate against a person because they have made a report under Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care organizations. This means that employees in nursing homes, assisted living facilities, or adult day care facilities may not be mis-treated for reporting suspected patient abuse.

Healthcare workers are also whistleblowers if they are fired for making a complaint about something that they believe would result in the loss of their license. Additionally, a healthcare worker who is retaliated against for refusing to perform a service that they are not licensed for is also a whistleblower.

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