Governor Kills Health Care Whistleblower Protection Act, Putting Patient Safety and Workers’ Rights at Risk
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Landmark Assembly bill passes both Houses of the Legislature unanimously; dies on Governor’s desk
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The Governor dealt health care workers and their patients a stunning blow when he pocket vetoed the Health Care Whistleblower’s Act (A.11435). This landmark, bipartisan measure would protect workers in hospitals, clinics and nursing homes from the threat of losing their jobs if they report illegal or unsafe practices that jeopardize patient care. It passed the Assembly and Senate unanimously –– and had widespread support among consumer groups, labor organizations, and health care professionals.
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At a time when the health care system is facing critical staffing shortages and mounting pressure to cut costs, workers need protection from retaliation if they report improper patient care.
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That’s why the Assembly pushed so hard to enact legislation prohibiting health care employers from retaliating against employees who advocate for patients by reporting wrongdoing.
Our bill would bar employers from firing, suspending, or discriminating against a worker who discloses information about the practices and policies of a health care facility that they believe could create a risk to public health or patient safety. Employers who violate the law would face fines between $200 and $2,000.
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Fighting for the rights of their patients shouldn’t leave health care workers fighting for their jobs.
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Nurses and other health care professionals should never be afraid to speak out when their patients’ health and safety are at risk. Every patient and their loved ones deserve to know that their caregiver is looking out for them — and will intervene if they’re at risk of receiving poor quality or dangerous care.
The role of patient advocate is especially critical at a time when the National Academy of Science’s Institute of Medicine reports that medical errors are responsible for as many as 98,000 deaths each year — and that the health care industry is not doing enough to ensure patient safety.*
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The Assembly will continue pushing for quality health care for all New Yorkers.
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The Health Care Whistleblower Protection Act is just part of the Assembly Majority’s ongoing efforts to ensure that New York’s health care system is second to none.
The Assembly will continue pushing for long-overdue whistleblower protection in 2001, along with legislation holding HMOs accountable for the decisions they make, improving women’s health care, and allowing disabled New Yorkers to enter the work force without fear of losing their Medicaid health care coverage.
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* "To Err is Human," a 1999 report issued by the Institute of Medicine, which is part of the National Academy of Science, an organization created by Congress to advise government on scientific matters.
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