Is Medicaid-funded agency subject to PA whistleblower law?
A private Pennsylvania organization whose only public funds received are payments on behalf of individual Medicaid recipients is not funded “by or through Commonwealth … authority” and therefore is not subject to the state’s whistleblower protection law, a federal District Court has held. The issue arose in a two-count complaint brought by an employee against NHS-Allegheny Valley School, LLC for failure to pay overtime to registered nurses under the Fair Labor Standards Act and for wrongful discharge under the state’s whistleblower protection act. The FLSA claim, which the plaintiff sought to make a class action case, was dismissed, without prejudice, because she failed to specify or...
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