Hospital sues ex-worker who instigated probe
Hospital sues ex-worker who instigated probe
The overlap of whistleblowing and confidentiality requirements was highlighted recently in a lawsuit filed by North Carolina Baptist Hospital (NCBH) in Winston-Salem, NC, against whistleblower Joseph Vincoli, a former administrative director who alerted state officials that the State Health Plan (SHP) was overpaying the hospital.
According to the complaint filed by the hospital, Vincoli was terminated by the hospital in October 2007 and signed an agreement that provided more than $10,000 in compensation, with the stipulation that the former employee would not "speak in a disparaging manner concerning NCBH to any person who was not a party to the Agreement."
Vincoli subsequently "prompted the investigation by providing disparaging and/or confidential information about NCBH to the Plan in breach of his Agreement," the complaint said. NCBH argued that Vincoli had no legitimate reason to involve himself in the SHP contract issue because he was a private citizen. The hospital sought damages of more than $10,000 to recover the more than $10,000 it paid Vincoli in the settlement. It also wanted to prevent Vincoli from further breaches of the agreement.
Forsyth Superior Court dismissed the complaint without prejudice on Oct. 18, 2011, which left the door open for the hospital to refile the lawsuit if it chooses. NCBH and Vincoli declined requests for comment.
The complaint by the hospital outlined why it sued the whistleblower: SHP is a self-insured plan that uses taxpayer money and employee premiums to provide coverage to more than 663,000 teachers and state workers, and in January 2009 Vincoli alerted the state that NCBH was collecting more than it was due.
A state auditor's report released Sept. 7, 2011, validated Vincoli's complaint and said that NCBH received $1.34 million in reimbursement rate overpayments from July 1, 2003, through June 30, 2008.
The overlap of whistleblowing and confidentiality requirements was highlighted recently in a lawsuit filed by North Carolina Baptist Hospital (NCBH) in Winston-Salem, NC, against whistleblower Joseph Vincoli, a former administrative director who alerted state officials that the State Health Plan (SHP) was overpaying the hospital.Subscribe Now for Access
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