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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