Knowledge Check: Whistleblower Protection

HHS OIG Whistleblower Components

100

•Provide tools for accurate complaint filing

•Complaint intake

•Initial complaint analysis

•Routing & Referral

•OIG Hotline

200

•Investigative Review

•Administrative Closure

•Investigation

•Report of Investigation Preparation & Release

•OIG Special Investigations Branch

300

•Jurisdiction Review

•Investigation Legal Support

•Report of Investigation Legal Analysis

•OSC Referral Legal Advice & Coordination

•OCIG Advice Branch Operations Team

400

•Education/Outreach

•Promote appropriate handling of whistleblower complaints

•Inform others whistleblower protections

•Connect with whistleblower stakeholders (OpDivs, OSC, CIGIE, Congress)

•Whistleblower Protection Coordinator

500

OHS Internal OIG Liaisons

 Tanesha & Sharda’

Protections

100

Federal employee;

Contractor/subcontractor;

Grantee/subgrantee; 

An applicant for federal employment

Individuals covered by whistleblower protection

200

•Medicare/Medicaid beneficiaries

•Providers delivering healthcare services under a Medicare/Medicaid provider agreement

• Employees of insurance or pharmaceutical companies

•Concerned members of the public

Individuals not protected under the federal whistleblower protection laws

300

Must be based on a “reasonable” belief there is:

•A violation of law, rule or regulation;

•Waste, fraud, and abuse;

•Mismanagement;

•Censorship related to scientific research or analysis; and/or,

•Substantial and specific danger to public health; or safety.

A disclosure of wrongdoing

400

• A member of Congress or a representative of a committee of Congress;
• Office of Inspector General;
• Government Accountability Office;
• A Federal employee responsible for contract or grant oversight or management at the relevant agency;
• An authorized official of the Department of Justice or other law enforcement agency;
• A court or grand jury;
• A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover or address misconduct; 

Protected source for contractors and grantees

500

Members of Congress or Representatives of Congressional Committees;

Office of Inspector General (OIG);

Government Accountability Office (GAO);

HHS employee  responsible for contract/grant oversight;

Department of Justice or another law enforcement official;

Court or grand jury;

Management or employee of the contractor/grantee who is responsible for investigating, discovering, or addressing misconduct;

Supervisors, managers, agency officials or other Federal employees authorized to receive disclosures;

Media

U.S. Office of Special Counsel

protected source for Federal employees

Retaliation

100

Personnel actions that include poor performance review, demotion, suspension, termination, or revocation or downgrade of a security clearance

Retaliation

200

Protected from retaliation

Whistleblowers

300

Poor performance review, demotion, suspension, termination, or revocation or downgrade of a security clearance.

Personnel Actions

400

A federal employee (You) can:

•File a complaint with the HHS-OIG:

 •File a complaint with the Office of Special Counsel, which may seek corrective action when warranted;

•File a union grievance; or,

File an appeal with the Merit Systems Protection Board (MSPB) and assert whistleblower retaliation as a defense, if you have been subject to a significant personnel action

What to do if you believe you’ve been retaliated against for whistleblowing

500

Encourage the employee to report  the retaliation on the Office of Inspector General Hotline at:

 https://oig.hhs.gov/fraud/report-fraud/.

What to do if a grantee’s employee has been retaliated against for whistleblowing