Whistleblower Policy

This information is for employees, directors or volunteers of Public Health Solutions’ Ryan White Part A and HIV Prevention-funded subcontractors.

Whistleblower Definition
A ‘whistleblower’ is a director, officer, employee or volunteer who in good faith reports suspected improper conduct to one or more of the parties specified below. A whistleblower makes a ‘good faith’ report when s/he has a reasonable basis to believe the report is true; however, a report does not have to be proven to be true to be made in good faith. Good faith is lacking when an individual makes an allegation s/he knows to be to be false or lacking a reasonable basis.

The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures.

This document provides information and outlines the procedure for the submission and handling of reports by employees and others, including directors, officers and volunteers, of suspected improper conduct taken by or within an organization funded by the New York City Department of Health and Mental Hygiene (DOHMH) through Public Health Solutions, and for the confidential, anonymous submission of such reports made in good faith without fear of intimidation, harassment, discrimination or other retaliation or adverse consequence to the individual’s employment or other role in the organization.

Examples of suspected improper conduct:

  •  Illegal, fraudulent, unethical or dishonest activities, including activities in violation of federal, state or local laws, rules or regulations or the funded organization’s policies and procedures.
  • Gross mismanagement, gross waste of funds or abuse of authority.
  • A substantial and specific danger to public health or safety.
  • Billing for services not performed or for goods not delivered.
  • Fraudulent financial reporting.
  • Destroying, altering, mutilating, concealing, covering up, falsifying, or making a false entry in any records that may be connected to a matter within the jurisdiction of a federal agency or bankruptcy proceeding, in violation of federal, state or local law or regulation.
  • Fraudulently influencing, coercing, manipulating, or misleading any independent public accountant engaged in the performance of an audit of the financial statements of the funded organization for the purpose of rendering such financial statements misleading, in violation of federal, state or local law.
  • Misappropriation or misuse of resources.
  • Authorizing compensation for hours not worked.

Adverse Employment or Other Action (Retaliation):
No whistleblower who in good faith reports suspected improper conduct or participates in an investigation, hearing, court proceeding or other administrative inquiry in connection with a report of suspected improper conduct shall suffer intimidation, harassment,discrimination or other retaliation, including adverse employment consequences such as termination, suspension, compensation decrease or poor work assignments.

Making a Whistleblower Report:
A director, officer, employee or volunteer who suspects improper conduct may report the conduct by contacting the Public Health Solutions Whistleblower Hotline at (646) 619-6626.
A whistleblower report can also be mailed or emailed to Public Health Solutions.
Please see below for the mailing address:
Compliance Officer Public Health Solutions CAMS
40 Worth Street
New York, NY 10013

If you prefer to email a whistleblower report, please use the email address:
whistleblower@healthsolutions.org

Please provide the following information regarding suspicion of misconduct or wrongdoing in your whistleblower report:

  •  Who committed alleged misconduct or wrongdoing
  • What was the alleged misconduct or wrongdoing
  • Where can we obtain more information about alleged misconduct or wrongdoing, if known.
  • If you are willing to be interviewed over the phone, please provide your phone number and the best time of day (between 9am-5pm Monday-Friday) to contact you

Confidentiality
All information received either by the whistleblower hotline, mail or email, including the identity of the whistleblower will be kept confidential, at the request of the whistleblower.

Whistleblower complaints relating to federal contracts or grants also may be lodged with:

(a) A Member of Congress or a representative of a committee of Congress.

(b) An Inspector General of the agency that awarded the contract or grant (for Ryan White and

HIV Prevention: US Health and Human Services) (c) The Government Accountability Office.

(d) A Federal employee responsible for contract oversight or management at the relevant agency. (e) An authorized official of the Department of Justice or other law enforcement agency.

(f) A court or grand jury.

Whistleblower complaints relating to contracts funded by the City of New York may also be lodged with:

(a) A member of the New York City Council, the Public Advocate or Comptroller of the City of New York

(b) The city chief procurement officer, agency chief contracting officer, or agency head or commissioner of DOHMH.

Procedure:
Following receipt of a whistleblower report made to Public Health Solutions, the Compliance Officer will provide an acknowledgement to a non-anonymous complainant; may seek further information from the complainant; conduct an investigation, as appropriate, independently or in conjunction with a third party, where necessary; refer to an appropriate authority; and/or take corrective action. A non-anonymous complainant will be informed of the outcome of the investigation.