On Monday, Stephanie Nightingale filed a lawsuit in the Southern District of Ohio against Alternate Solutions Health Network, LLC alleging unlawful retaliation.
According to the complaint, Stephanie Nightingale worked for the defendant for eight years as a physical therapist. The complaint states that part of Nightingale’s role was to supervise the aides who performed services for her patients.
The plaintiff alleges that the events of the present lawsuit began when the plaintiff discovered that one of her aides, Ms. James, documented services that had not actually been performed to be billed to Medicare. Nightingale states this raised significant concerns and she attempted to counsel Ms. James on the issue but was met with indifference.
Nightingale alleges that Ms. James continued to falsify services and bill unperformed services to Medicare. Additionally, the plaintiff states that she explained her discomfort in continuing to supervise Ms. James to the defendant and a Field Administrator, due to the multiple complaints she had received and her falsification of services.
On June 15, 2021, the plaintiff alleges that she brought her concerns to her direct supervisor and sent an email to Ms. James outlining the complaints that she had received from her patients about Ms. James. The complaint purports that Ms. James became upset about the email from the plaintiff and threatened to complain to management about the plaintiff’s comments.
On June 22, 2021, the plaintiff allegedly met with the Field Administrator again who informed her that he had investigated and confirmed her concerns about Ms. James and stated that they would work on educating Ms. James to improve her performance. The complaint states that three days later, the plaintiff was called into a meeting with the Field Administrator and the Director of Nursing who suspended her without pay, telling her she engaged in “non-professional actions” and that Ms. James had complained that she bullied her and was asking too many questions of the patients.
The following Monday on January 28, 2021, the plaintiff purports that she asked for another meeting with the Field Administrator and the Director of Nursing to address her concerns regarding Ms. James with the state licensing agencies and her compliance with Medicare billing. Nightingale states that in this meeting her concerns with Ms. James was not addressed and instead she was terminated for allegedly harassing an anonymous co-worker.
The plaintiff argues that she instead was fired for her complaints about the alleged Medicare fraud. Therefore, the plaintiff brings a single cause of action for unlawful retaliation and she seeks relief in the form of backpay, punitive damages, liquidated damages, attorneys fees and costs. The plaintiff is represented by Gibson Law, LLC.
