Diane Bartz and Ahmed Aboulenein

WASHINGTON, (Reuters) – Experts believe that whistleblowers from the workplace and a concern about losing federal funding will play crucial roles in ensuring compliance to COVID-19 vaccination mandates. These were ordered by President Joe Biden’s administration to U.S. hospitals, nursing homes, and businesses.

Biden last Thursday announced that the administration would enforce vaccine mandates beginning January 4. This applies to any employer with more than 100 workers or federal contractors. It also applies to employees at nursing homes, other healthcare facilities and others that are eligible for reimbursements under Medicare and Medicaid.

A federal appeals court on Saturday suspended the requirement to test for the vaccine in private companies. The court is currently examining the matter more deeply. The Justice Department had until Monday night to reply. Saturday’s decision does not affect the mandate that covers the healthcare sector.

Experts say that the U.S. Occupational Safety and Health Administration will likely not intervene immediately to enforce the vaccination and testing requirements if the rule becomes effective.

The Centers for Medicare & Medicaid Services (CMS), the regulator for the two federal health programs, does not typically survey accredited healthcare providers unless there is a complaint or a need for recertification, according to Sandy DiVarco, a partner at the firm McDermott Will & Emery who represents healthcare providers.

DiVarco explained that clients and patients don’t have the ability to access staff records regarding vaccinations, so any complaints will likely be made by another employee.

DiVarco reported that CMS had reaffirmed their willingness to collaborate with providers and to bring them into compliance.

Failure to comply with vaccine regulations could result in healthcare providers losing access to Medicaid or Medicare. Medicare is for people 65 years and over, and Medicaid benefits the elderly and disabled. Medicaid only covers the poor.

Akin Demehin from the American Hospital Association, director of policy said that for most hospitals in the United States not being eligible to receive Medicare “would be catastrophic.”

Healthcare workers are more than 10,000,000 people. Around 70% have been vaccinated. This mandate covers approximately 76,000 healthcare professionals who receive Medicare and Medicaid reimbursements, including hospitals, nursing homes, dialysis centres, home-health agencies, and ambulatory surgical environments.

OSHA currently has 800 inspectors responsible for safety and compliance in order to protect the more than 100,000 private employers covered by its mandate. James Hermon from Dykema Gossett said that whistleblowers who are concerned about non-vaccinated employees or those not receiving required testing will be able to help the agency.

Hermon forecast that OSHA could soon hit several large employers with significant fines.

Hermon explained, “That will have been done deliberately to put some virtual head on spikes.” A fine can be assessed for each violation, which could amount to nearly $14,000.

Experts believe that the False Claims Act federal law, which pays whistleblowers for reporting fraud that causes losses to the government, could make compliance easier than OSHA’s sanctions.

“We’re interested in these cases and we’ve been looking at them,” said Reuben Guttman, a whistleblower lawyer with the firm Guttman, Buschner & Brooks, who said he has been talking to unions. The idea of using False Claims Act as a tool to ensure safety and health isn’t new.