HouseH.R. 10632119th Congress

Medicaid Whistleblower Protection Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10632 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10632

   To amend title XIX of the Social Security Act to require certain 
       protections for whistleblowers under the Medicaid program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2026

   Mrs. Miller-Meeks (for herself, Mrs. Cammack, and Mrs. Fischbach) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
   To amend title XIX of the Social Security Act to require certain 
       protections for whistleblowers under the Medicaid program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Whistleblower Protection 
Act''.

SEC. 2. REQUIRING PROTECTIONS FOR WHISTLEBLOWERS UNDER MEDICAID.

    Section 1902 of the Social Security Act (42 U.S.C. 1396a) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (89), by striking ``and'' at the 
                end;
                    (B) in paragraph (90), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (90) the following 
                new paragraph:
            ``(91) provide that, beginning January 1, 2028, the State 
        shall comply with the whistleblower protection requirements 
        under subsection (zz).''; and
            (2) by adding at the end the following new subsection:
    ``(zz) Whistleblower Protection Requirements.--
            ``(1) In general.--For purposes of subsection (a)(91), the 
        whistleblower protection requirements under this subsection are 
        that the State shall provide assurances satisfactory to the 
        Secretary that such State has in effect laws that--
                    ``(A) prohibit adverse employment actions that are 
                taken against a covered individual because such 
                individual made a protected disclosure; and
                    ``(B) establish procedures under which an 
                individual who alleges that such an action was taken 
                against such individual may seek relief, which shall 
                include any applicable remedies described in paragraph 
                (2), through an administrative process and, in the case 
                that such individual disagrees with the outcome of such 
                administrative process, through judicial review.
            ``(2) Remedies described.--For purposes of paragraph (1), 
        the remedies described in this paragraph are the following:
                    ``(A) Reinstatement of employment at the seniority 
                status that the covered individual would have if the 
                adverse employment action described in paragraph (1)(A) 
                that was taken with respect to such individual had not 
                occurred.
                    ``(B) 2 times back pay, including interest at a 
                rate to be determined by the Secretary.
                    ``(C) Compensation for special damages sustained as 
                a result of such adverse employment action, including 
                litigation costs and reasonable attorneys' fees.
                    ``(D) In the case that such adverse employment 
                action was taken with malice or reckless indifference 
                to the rights of such covered individual under this 
                subsection, punitive damages.
            ``(3) Definitions.--In this subsection--
                    ``(A) Adverse employment action.--The term `adverse 
                employment action' means, with respect to the terms and 
                conditions of employment of an individual, a discharge, 
                demotion, suspension, threat, incidence of harassment, 
                or other act of discrimination directed at such 
                individual.
                    ``(B) Covered entity.--The term `covered entity' 
                means--
                            ``(i) a supervisor;
                            ``(ii) a State Medicaid agency;
                            ``(iii) a State or Federal law enforcement 
                        agency;
                            ``(iv) the Department of Health and Human 
                        Services;
                            ``(v) the Office of the Inspector General 
                        of the Department of Health and Human Services;
                            ``(vi) Congress; or
                            ``(vii) any other entity designated by the 
                        Secretary.
                    ``(C) Covered individual.--The term `covered 
                individual' means an individual who is engaged in the 
                administration, management, oversight, or delivery of 
                items or services under a State plan (or waiver of such 
                plan) and is an employee, contractor, subcontractor, or 
                agent of such State or a political subdivision of such 
                State.
                    ``(D) Protected disclosure.--The term `protected 
                disclosure' means a disclosure of information by a 
                covered individual to a covered entity that such 
                individual reasonably believes evidences, with respect 
                to a State Medicaid program--
                            ``(i) a violation of an applicable law, 
                        rule, or regulation;
                            ``(ii) fraud, waste, or abuse involving 
                        Federal or State funds;
                            ``(iii) gross mismanagement;
                            ``(iv) an abuse of authority; or
                            ``(v) a substantial and specific danger to 
                        public health or safety.''.
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