Whistleblower Ombudsman - Essay Example

Whistleblower Ombudsman February 15, Whistleblower Ombudsman Whistleblowing can save, not only billions of dollars, but many lives, as well as the credibility of the health care system (Office of Inspector General, 2015). Federal laws promote whistleblowing to prevent and reduce fraud and abuse in the health care industry. Federal laws, in addition, provide protection to whistleblowers and related informants (Office of Inspector General, 2015). After reading the “Whistleblower Ombudsman” section of the Office of Inspector General and related readings, I learned the legal protections and rewards for whistleblowers that can prevent and reduce fraud and abuse and protect the integrity of the health care system in the country.

Legal Protections and Rewards for Whistleblowers Whistleblowing is essential to weeding out fraud and abuse in the healthcare industry. The government is particularly keen in promoting whistleblowing because fraud and abuse may reach up to 3% to 10% of actual health care costs (Kesselheim & Studdert, 2008, p.342). Recoveries from the False Claims Act (FCA) since 2009 have reached approximately $9 billion (Kesselheim & Studdert, 2008, p.342). To encourage whistleblowing, the Whistleblower Protection Act bans retaliation.

Retaliation refers to threatening or taking action against employees because they have disclosed fraudulent or abusive actions (Office of Inspector General, 2015). These actions may include, but are not limited to, poor performance review, demotion, termination, suspension, or downgrade, loss of, or revocation of security clearance (Office of Inspector General, 2015). The law does not allow retaliation for: (1) filing an appeal, complaint, or grievance; (2) helping another person file the case or to testify for whistleblowers; (3) cooperating with or giving information to the Office of Special Counsel (OSC) or Office of Inspector General (OIG); or (4) not obeying an unlawful instruction or order (Office of Inspector General, 2015).

These conditions that prevent retaliation are important because it helps decrease the fears of other people who want to disclose important information, but are not the direct whistleblowers. For instance, an accountant gives financial documents and memos to the OSC, even when he is not the whistleblower. The law prevents retaliation against him from his company. In other words, he has the same protections as the whistleblowers. Besides these protections, the FCA entitles whistleblowers to up to 30% for the amount recovered during trials or settlements (Golinkin, 2013, p.304). This is a monetary incentive too, but I believe that this is not the main motivation for whistleblowing.

Whistleblowing may prevent workplace retaliation, but I can only imagine the hardships in continuing to work for an organization that may have lost millions because of one’s whistleblowing. Some colleagues may be happy for it, but others may hate the whistleblower for reducing the financial stability of the company, which can lead to bankruptcy. I want to think that many whistleblowers have more social and ethical motivations. They want to save the company from additional ruin or to save lives because of fraudulent medical practices.

However altruistic or ethical these goals may be, financial compensation can help these whistleblowers prepare for the transition to new lives, especially when they plan to change companies or change careers altogether because of their experiences. Conclusion The Whistleblower Protection Act provides protections for whistleblowers and related informants. It also gives rewards for whistleblowers. Health care personnel must be aware of this law to properly address legal and ethical scenarios that have fraudulent or abusive effects.

They must know the steps they can take and the protections they are entitled to, in order to prevent harm to them and other stakeholders. ReferencesGolinkin II, J.W. (2013). Fishing with landmines: Healthcare fraud and the civil false claims act--where we are, how we got here, and the case for more trials. American Journal of Criminal Law, 40(3), 301-326.Kesselheim, A.S., & Studdert, D.M. (2008). Medicine and public issues: Whistleblower-initiated enforcement actions against health care fraud and abuse in the United States, 1996 to 2005.

Annals of Internal Medicine, 149(5), 342-349.Office of Inspector General. (2015). Whistleblower Ombudsman FAQ. U.S. Department of Health and Human Services. Retrieved from http://oig.hhs.gov/faqs/whistleblower-faq.asp