What does Preamble of Patient Safety and Whistleblower Protections Act do?

This bill aims to establish protections for health care providers who express concerns regarding the quality of health care services. The bill's purpose is 'to establish protections for health care providers who raise concerns about the quality of health care services, and for other purposes.'

What does SHORT TITLE. of Patient Safety and Whistleblower Protections Act do?

This Act is formally titled the Patient Safety and Whistleblower Protections Act.

What does DEFINITIONS. of Patient Safety and Whistleblower Protections Act do?

This section defines key terms used throughout the Act. “Communicate” includes both written and oral communications regarding health care safety information. “Government official” encompasses officials at the local, state, tribal, and federal levels, including their staff. “Health care facility” is broadly defined to include various facilities providing health care services, such as hospitals, clinics, and nursing homes. “Health care practitioner” refers to individuals licensed or authorized to provide health care services. “Health care service” includes a wide range of care, treatment, and procedures related to physical or mental health. A “patient safety concern” is a communication that materially affects or has the potential to affect patient health, including concerns about quality of care, staffing, or equipment. “Retaliation” is defined as any adverse employment action or materially adverse action that would discourage a health care practitioner from raising patient safety concerns, even after their employment has ended.

What does PROHIBITION ON RETALIATION. of Patient Safety and Whistleblower Protections Act do?

This section prohibits health care facilities from retaliating against health care practitioners who communicate patient safety concerns. Communications can be made to supervisors, colleagues, state authorities, government officials, patient safety organizations, or investigators. Communications to the news media are restricted, requiring a 90-day waiting period after attempts to address concerns through other channels. There is a rebuttable presumption of retaliation if adverse employment actions occur within 180 days of a communication about patient safety concerns. Retaliation by various entities (staffing companies, provider organizations) is attributed to the health care facility. Adverse actions are not prohibited if they are not retaliatory. Contractual provisions that restrict communication about patient safety concerns are void. Health care practitioners who communicate patient safety concerns may be released from non-competition agreements related to the facility in question. A civil lawsuit is permitted against a practitioner who communicates in bad faith, following an independent investigation confirming the concerns were invalid.

What does ENFORCEMENT. of Patient Safety and Whistleblower Protections Act do?

This section establishes enforcement mechanisms for retaliation against health care practitioners who communicate patient safety concerns. Individuals who experience retaliation can recover actual damages, attorney's fees, and costs, with punitive damages capped at $1,000,000. Class actions are authorized for practitioners facing similar retaliation at the same or affiliated facilities. Class action damages are calculated based on a formula involving individual damages, a minimum amount ($10,000 or actual), and a percentage of the defendant's net worth, up to $500,000 or 1% of the defendant's net worth. The statute of limitations for filing a retaliation claim is three years from the last retaliatory action. Before filing an individual action, a practitioner must first file a complaint with the relevant State licensing authority and, if applicable, the Joint Commission on Hospital Accreditation. An action may not be filed earlier than after the completion of investigations by the State authority and the Joint Commission, or 180 days after filing the complaints.

What does PROFESSIONAL LIABILITY ACTIONS. of Patient Safety and Whistleblower Protections Act do?

This section addresses professional liability actions against health care facilities and practitioners. Communications about patient safety concerns made by a health care practitioner prior to the filing of a civil or criminal action cannot be used to draw an adverse inference about the quality of care. This protection applies to both civil and criminal actions.

What does REQUIRING THE REPORTING AND RESOLUTION OF PATIENT SAFETY of Patient Safety and Whistleblower Protections Act do?

This section amends Section 1866(a)(1) of the Social Security Act. The amendment establishes a mechanism for anonymous reporting of patient safety concerns by healthcare providers or practitioners. The amendment also establishes a process for investigating and addressing reported patient safety concerns. The changes take effect one year after the date of enactment of this Act.

What does IMPACT ON OTHER LAWS WITH RESPECT TO REPORTING PATIENT SAFETY of Patient Safety and Whistleblower Protections Act do?

This section clarifies that the Act does not limit or supersede protections for healthcare providers reporting patient safety events. Existing federal and state laws regarding patient safety reporting are preserved.

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Patient Safety and Whistleblower Protections Act

Last updated: 4/15/2026 · Introduced: 4/15/2026

Author: Mary Gay Scanlon (D-PA)

TL;DR (AI)

This bill prohibits health care facilities from retaliating against practitioners who communicate patient safety concerns to supervisors, government officials, or patient safety organizations, with a 90-day waiting period before contacting the media.
Healthcare providers who experience retaliation can pursue legal action to recover damages, including potential punitive damages and class action lawsuits, and must first file complaints with state licensing authorities and the Joint Commission.
The bill amends the Social Security Act to establish a system for anonymous reporting and investigation of patient safety concerns within healthcare facilities, while preserving existing federal and state patient safety reporting protections.

119th Congressin committeeS. 4086(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 6 more.

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