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.

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

This bill 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 exchanges 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 locations providing health care services, such as hospitals, clinics, and physician offices. “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 affecting an individual's physical or mental condition. A “patient safety concern” is a communication that materially affects or has the potential to affect patient health, relating to quality of care, staffing, equipment, or appropriateness of services. “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, investigators, or, after 90 days without corrective action, the news media. There is a rebuttable presumption of retaliation if an adverse employment action occurs within 180 days of communicating patient safety concerns. Retaliation by various entities associated with a health care facility (staffing companies, provider organizations, management services companies) is attributed to the facility. The section clarifies that adverse actions are not prohibited if they are not retaliatory. Contractual provisions that restrict communication about patient safety concerns or truthful reporting of health care quality are void. Health care practitioners who communicate patient safety concerns are released from non-competition agreements related to their employment at the facility in question. A civil lawsuit is permitted against a practitioner who communicates in bad faith, provided an independent investigation confirms 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 seek damages including actual damages, attorney's fees, and punitive damages up to $1,000,000. Class actions are authorized for practitioners facing similar retaliation at the same or different facilities under the same management or ownership. Class action damages are calculated based on a formula considering individual damages, a minimum amount, and a percentage 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 complaints with the relevant State licensing authority and, if applicable, the Joint Commission on Hospital Accreditation. An action may be filed after the completion of investigations by the State authority and Joint Commission, or 180 days after complaint filing.

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 regarding patient safety event reporting. Existing federal and state laws related to patient safety reporting are preserved.

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Patient Safety and Whistleblower Protections Act

Last updated: 3/12/2026 · Introduced: 3/12/2026

Author: Christopher Murphy (D-CT)

TL;DR (AI)

This bill prohibits health care facilities from retaliating against practitioners who communicate patient safety concerns to supervisors, government officials, or the media after attempting internal resolution.
Healthcare practitioners who experience retaliation can pursue civil lawsuits seeking damages, including punitive damages, and class actions are authorized for similar cases.
The bill amends the Social Security Act to establish a system for anonymous reporting and investigation of patient safety concerns within healthcare facilities.

119th Congressin committeeHR. 8310(In Committee)Official page

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

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