Letter to House Tri-Committee Regarding Whistleblower Protections
July 6, 2009
Honorable Henry Waxman, Chairman
Joseph Barton, Ranking Member
Energy
and Commerce Committee
Honorable Charles Rangel, Chairman
David Camp, Ranking Member
Ways and
Means Committee
Honorable George Miller, Chairman
John Kline, Ranking Member
Education
and Labor Committee
U.S. House of Representatives
Washington, D.C, 20510
Dear Chairmen Miller, Rangel and Waxman:
Our organizations write to request that you include best practices
whistleblower protection for private sector healthcare workers who challenge
fraud, waste, abuse, or violations of the standards and controls in this
landmark health care legislation. They expand the scope of provisions in the
discussion draft for narrower groups of workers such as employees of skilled
nursing home facilities.
Since 2006 Congress has enacted or strengthened that cornerstone for
accountability in six laws. They include consumer product manufacturing and
retail commerce, railroads, the trucking industry, metropolitan transit systems,
defense contractors, and all entities receiving stimulus funds.
Whistleblowers will be indispensible as the best resource that exists against
fraud and other institutional misconduct. When recently surveyed by Price
Waterhouse, more than 5,000 CEO’s throughout the world reported that
whistleblowers are more effective in detecting fraud than internal compliance
offices, auditors and law enforcement agencies combined.
Of course, the need for whistleblowers hardly stops with cost control. The
most significant concern is the quality and safety of patient care. Protecting
whistleblowers in the medical industry has more life and death consequences than
in any other industry. It is not realistic to expect that doctors, nurses and
other providers will defend medical consumers when needed, however, if they
cannot defend themselves against retaliation.
Our organizations deeply appreciate your consideration of this request. We
will provide any available support that your offices need to help include this
safety and accountability cornerstone in final legislation.
Sincerely,
Tom Devine
Legal Director
Government Accountability Project
Michael R. McCray, Esq.
Chairman
The 357 Commission
Gil Mileikowsky, M.D.
Alliance For Patient Safety
Jacqueline Brandwynne
CEO
Brandwynne Corporation
Lawrence S. Ottinger
President
Center for Lobbying in the Public
Interest
Lokesh B Vuyyuru, M.D.
Founder
Concerned Citizens of Petersburg
DeAnn Friedholm
Director of Health Reform Campaign
Consumers Union
Elizabeth Combier
Editor
Parentadvocates.org
David B. Nolan, Esq.
Federal Ethics Center
Andrew D. Jackson
Deputy Coordinator
Focus On Indiana
Gwen Marshall
Georgians for Open Government
Roberta Mikles, RN BA
Director
Health Care Patient Advocates
James J. Murtagh Jr., M.D.
Co-chair
International Association of
Whistleblowers (IAW)
Josephine Cicchini
Founder, Chairperson of the
Board
LeapforPatientSafety.org
Jonathon Moseley
Executive Director
Legal Affairs Council
John McBride
"MCS" Beacon Of Hope Foundation's New Jersey Chapter
Zena D. Crenshaw
Executive Director
National Judicial Conduct and
Disability Law Project, Inc.
Angel De Fazio
President
National Toxic Encephalopathy Foundation
Stephen Kohn
President
National Whistleblowers Center
Lewis Maltby
President
National Workrights Institute
Ron Marshall
Chairman
New Grady Coalition
Patrice McDermott
Director
OpenTheGovernment.org
Joseph Carson, PE
Chair
OSC Watch
Ashley Katz
Executive Director
Patient Privacy Rights
Dale Nathan, Board President
POPULAR, Inc. (Power Over Poverty Under Laws
of America Restored)
Lisa Lavine Nagy M.D.
President
Preventive and Environmental Health
Alliance Inc. (PEHA)
Danielle Brian
Executive Director
Project on Government Oversight
Angela Canterbury
Advocacy Director of Congress Watch Division
Public
Citizen
Jennifer Dingman
Co-Founder
PULSE America
Blake Moore
President
Semmelweis Society International (SSI)
Denny Dobbin
President
Society for Occupational and Environmental
Health (SOEH)
George Stokes
President
Texas State Client Council, Abilene
Division
Dane vonBreichenruchardt
President
U.S. Bill of Rights Foundation