On November 13, 2023, following a bench trial, a federal district court in the district of Massachusetts held that an employer's termination of an employee was not a violation of the whistleblower and retaliation protections of the False Claims Act (FCA), despite finding that the employee had engaged in protected activity prior to her termination. Morgan-Lee v. Therapy Res. Mgmt., LLC, No. 13-11997-DWP, 2023 U.S. Dist. LEXIS 202626 (D. Mass. Nov. 13, 2023). This employer-friendly ruling illustrates that employees cannot use protected activity as a shield for behavior that would otherwise warrant discipline or termination.

Factual Background

Plaintiff Rosemary Morgan-Lee was hired in 2003 by Therapy Resources Management (TRM), a company that provided rehabilitation services to nursing home patients. Plaintiff was eventually promoted to director of clinical services, a role that included auditing TRM's medical records for compliance with Medicare reimbursement standards and reporting to management any discovered discrepancies. In anticipation of a 2011 overhaul of Medicare reimbursement procedures impacting skilled nursing facilities, plaintiff and other TRM personnel set out to educate TRM employees about the new requirements and began auditing medical records for compliance with the new standards. During those audits, plaintiff noted issues with TRM's billing procedures and documentation, including some instances that she claimed suggested fraud. While plaintiff's job was...

Read Full Story: https://news.google.com/rss/articles/CBMiTmh0dHBzOi8vd3d3Lmpkc3VwcmEuY29tL2xl...