Medicaid Whistleblower Protection Act

Medicaid worker whistleblower protections

If enacted, this bill would create whistleblower protections for people who work on State Medicaid plans or waivers. Covered individuals would include employees, contractors, subcontractors, and agents who administer or deliver Medicaid items or services. Protected disclosures would be reports the worker reasonably believes show law violations, fraud, waste, gross mismanagement, abuse of authority, or serious public-health risks. States would need laws meeting these rules and must give assurances to the HHS Secretary by January 1, 2028 to keep Medicaid funding. If punished for reporting, a worker would be able to seek reinstatement with proper seniority. They would also be eligible for two times back pay plus interest at a rate set by the Secretary. They could get special damages, litigation costs, and reasonable attorneys' fees. Punitive damages would be allowed if the retaliation was malicious or showed reckless indifference.