The Massachusetts Health Care Whistleblower Statute, M.G.L. c. 49, § 187 (“Whistleblower Statute”), prohibits employers from retaliating against employee health care providers who report certain misconduct. Yet it was not until recently in Luu v. Fallon Serv., Inc., 105 Mass. App. Ct. 236 (2025), that the Massachusetts Appeals Court expanded the broad definition of “health care providers” to specifically include Emergency Medical Technicians, key first responders.
In Luu, the plaintiff was an EMT employed by Fallon Services Inc. (“Fallon”). Luu initially filed a complaint in Worcester Superior Court against Fallon, including claims for unlawful retaliation in violation of the Whistleblower Statute, after Fallon terminated his employment following his report to his supervisor that he witnessed a colleague provide negligent care to a patient being transported by ambulance to Fallon. The Superior Court initially dismissed Mr. Luu’s claim for violation for the Whistleblower Statute, holding that EMTs do not qualify as “health care providers” under the statutory definition.
On appeal the Appeals Court reversed, holding that EMTs are “health care providers” subject to the statute’s protections. “The plaintiff [Mr. Luu] falls square within ‘any other health care provider who performs or has performed health care related services for and under the control of a health care facility for care-related services.”’ the Court wrote.
To promote patient safety, the Whistleblower Statute empowers health care providers— now specifically expanded to include EMTs—by providing protection for their reports of potentially dangerous or unlawful practices. If you believe you have experienced retaliation at your workplace, we at Bennett & Belfort stand ready to provide practical guidance, and if necessary, zealous legal representation to ensure that your rights are protected.
