Nurse Antagonized for Reporting Medicare Fraud, She Claims
By Philip A. Janquart
11-13-2013 23:59:00
OAHU, Hawaii (CN) - A Kaiser supervisor gave out bags like the one a nurse's boyfriend used to
commit suicide, as "gifts," to try to get her to quit, the nurse alleges in Hawaii's First
Circuit Court.
Staff at a Kaiser hospital tormented the woman in retaliation for
reporting billing fraud and safety issues to management.
Ten years after Charissa Terada began working for Kaiser as a
nurse, she reported to management patterns of billing for unnecessary medical
services and that she had personally witnessed billing fraud, the complaint
states.
More than a year later, in December 2009, Terada's boyfriend
committed suicide, prompting her to take leave until February 2010, according to
the complaint.
When she came back, supervisor Joyce Gilbert gave her and
six other employees the same type of crock-pot liner bag Terada's boyfriend used
to kill himself, as a "gift," the complaint states.
The action prompted
another leave of absence, this time from February to May 2010, and caused Terada
to seek psychiatric help, the complaint states.
Terada says the act was
intentional.
"Defendants were aware that plaintiff was already fragile
... and aware of this attendant circumstance when they commenced an intentional
campaign of malicious actions against plaintiff through the use of the crock pot
liner bag ... the actions were done with evil intent and ill will towards
plaintiff," the complaint says.
The campaign of "harassment and
retaliation" intensified when Terada again reported the Medicare/Medicaid fraud
upon her return, the complaint states. She reported the issues to Chief
Physician Joyce Nakamura and compliance officers Mert Gambino and Patty Lee. She
says she reported the alleged harassment and retaliation to the hospital's CEO
and other senior leadership, explaining why it was happening and that it was
meant to force her to resign. The complaint does not mention an
investigation.
Though she did not resign, Terada transferred to another
unit. Before she left, however, she found the crock-pot liner bag in her packed
belongings, the complaint states.
The incident caused her to suffer
traumatizing nightmares, prompting her seek help from Kaiser's Employee
Assistance Program until she could visit her psychiatrist on her day off. There
she confided in Norman Gibson who counseled her to find another job rather than
going public with what Joyce Gilbert allegedly did to her.
"Rather than
just listening and comforting plaintiff, Gibson began to twist plaintiff's dream
into a real-time event. This EAP session further traumatized plaintiff. Mr.
Gibson was clearly unqualified to assist plaintiff with this matter as clearly
established later through his interaction with plaintiff's treating
psychiatrist," according to the complaint.
Also, Gibson had assured
Terada he would keep their conversations confidential, but later told her he had
to report what she had said, to Gilbert and another employee, the complaint
states.
Gibson continued to antagonize her, attempting to provide
treatment to her as a psychiatrist would, claiming she was an "imminent threat
to the health and safety of others" and reporting their discussions to his
supervisors, according to the complaint.
Terada said she was "mortified"
and that she was just explaining her dream to Gibson who knew she was not a
threat, she says in her complaint. Gilbert, on the other hand, was passing out
chocolates to celebrate plaintiff's anticipated removal from the
workplace.
"As a result of Gibson's practicing psychiatry without a
license, plaintiff was set back further in her treatment with her treating
psychiatrist. Gibson even contacted plaintiff's treating psychiatrist and
inquired whether she was going to hospitalize plaintiff," the complaint
says.
Kaiser attempted to suspend Terada following pretextual
investigations for "workplace violations" in May 2013, but her union blocked the
action, according to the complaint.
She seeks punitive damages for
violation of the state Whistleblower Act.
She is represented by Shawn A.
Luiz.