The Massachusetts Appellate Court reinstated an emergency medical technician's complaint against his former employer after determining he is a health care provider under the state's whistleblower act.

The Massachusetts Superior Court's decision dismissing pro se plaintiff Nial Luu's claim for whistleblower violation was reversed last week after the appellate court concluded the first responder qualified as a "health care provider" under the state's Health Care Worker Whistleblower statute in his suit against ambulance service company Fallon Service. The court noted that the statute, G. L. c. 149, Section 187, "sets forth a statutory scheme that prohibits health care facilities from terminating or otherwise retaliating against health care providers who report certain forms of believed misconduct to supervisors or public authorities." While the parties agreed that Fallon is a healthcare facility, they disagreed on whether an EMT qualifies as a health care provider.

In a Thursday decision, the court concluded that Luu qualified as a health care provider under the statute's relevant portion that says, "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." Justice Joseph M. Ditkoff authored the opinion. Justices Andrew M. D'Angelo and Amy Lyn Blake concurred.