HOUSTON (CN) – A nurse claims that hospital administrator Select Medical Corp. forced her to resign after she discovered its “illegal billing system.” And she claims that after she filed federal and state complaints, a message left on her phone by Select Medical’s attorney was mysteriously deleted, she was “terrorized” in her house by unknown intruders, and her lawyer was stabbed in the neck six times the day before she filed a whistleblower retaliation complaint.
Vicki Fanning McLean sued Select Medical, Cross Blue Shield, Medicare contractor TriCenturion, five hospitals and the Texas Department of Health and Human Services, in Harris County Court.
McLean says she started documenting illegal billing between Select Medical, Blue Cross Blue Shield and Medicare contractor TriCenturion in May 2004, while working as a nurse and accountant for Select Medical.
She claims that Select Medical’s CEO asked her to join the company’s management team, and she discovered its “long-term acute care fraud” from discussions during managerial staff meetings.
McLean notified Select Medical’s director of clinical services and CEO in numerous memos about the fraud, and they responded by forcing her to resign, she says.
“The human resources department of Select Medical Corporation stated that the plaintiff would not be entitled to severance pay unless plaintiff agreed not to report them to specified governmental agencies,” McLean says.
“On or about August 2004, Michael Tarvin, lead counsel for Select Medical Corporation, left plaintiff a voicemail on her Sprint cell phone; such message was deleted from said phone unknowingly and unwillingly,” McLean says. “As a result, plaintiff believes there was a high likelihood that said phone was tapped and controlled.”
Tarvin is also named as a defendant.
The week she resigned, McLean says, she filed complaints with the U.S. Department of Labor, the Texas Department of Health and Human Services, and the Board of Nursing.
“As a result of plaintiff’s complaints to various governmental agencies, plaintiff’s house became terrorized, as different unidentified and unauthorized persons began to enter plaintiff’s home on a daily basis,” McLean says. “In July 2005, plaintiff contacted Montgomery County Sheriff’s Department for assistance. Such contact with the Montgomery County Sheriff’s Department is documents within various police agencies.
“On or about July 2006, plaintiff hired attorney Constance Singleton to represent her in her complaints against the aforementioned governmental agencies. As a result of plaintiff’s phone tapping, the day before attorney Singleton filed the whistleblower retaliation and harassment petition, attorney Constance Singleton was stabbed six times in the neck, precluding her from completely filing said suit on plaintiff’s behalf.”
McLean demands punitive damages for conspiracy, fraud, breach of fiduciary duty, negligence and intentional infliction of emotional distress.
Named as defendants are Select Medical Corporation, Blue Cross Blue Shield Association, Tri Centurion, East Jefferson General Hospital, HCA Care of Texas Inc. dba Conroe Regional Medical Center, Spring Branch Medical Center Inc., Select Specialty Hospital-Houston LP, The Heights Hospital Auxiliary, Texas Department of Health and Human Services, Select Medical’s lead counsel Michael Tarvin and Brock Hardaway.
McLean is represented by Kathryn Young Williams of Houston.