Former Employees Sue West Virginia Home Care Facility Alleging Discrimination, Drug Diversion, and Medical Services Not Performed
Failure by a facility to investigate complaints alleging violations of law and regulations could result in fraud, substandard quality of care, and the submission of false claims
Compliance Perspective – Discrimination
Policies/Procedures: The Compliance and Ethics Officer with the Administrator will review policies and procedures detailing requirements for investigation of complaints.
Training: The Compliance and Ethics Officer, as well as every department head, will ensure that staff are trained to respond in a timely manner to concerns about violations of residents’ rights, sexual harassment, discrimination, and claims of false documentation. Department heads will be instructed to ensure that staff receive proper training for the use of all equipment, that staff demonstrate competency, and that supplies and equipment are adequate.
Audit: The Compliance and Ethics Officer should personally conduct an audit to periodically review submitted complaints to determine if they have been appropriately investigated.
Three former employees of a West Virginia nursing home have filed a lawsuit against the facility and one of the center’s executives claiming the facility violated several West Virginia laws and failed to respond and investigate their complaints.
The three plaintiffs making the charges worked as a licensed practical nurse, a registered nurse, and as the human resource director. They claim they took the following complaints to the executive: a nurse aide exhibited sexually harassing and inappropriate behavior, there were drug diversion incidents, and medical services were being documented but not performed. The plaintiffs also claimed they were directed to perform procedures using inadequate equipment and without proper training.
The plaintiffs claim they were discriminated against because of their female gender and that the facility did not issue their final paychecks in a timely manner.
The executive and the facility’s scheduler are alleged in the suit to have stated that they wanted to get rid of female nurses because they caused too much drama, and that they later fired the two nurses and hired more men.
The former employees through the suit seek compensatory and punitive damages including pre- and post-judgment interest.
