Home care service company sued for wrongful termination

By Shaun Zinck | Jun 30, 2015

Attorney Kevin Darken is representing a nurse who filed a lawsuit against her former employer claiming she was wrongfully terminated from her position.   Cohen, Foster & Romine, P.A.

JACKSONVILLE, Fla. (Legal Newsline) - A former nurse at a home care company is suing the business, claiming she was wrongfully terminated after she attempted to stop unlawful practices by the business.

Marsha Yandell filed the lawsuit on behalf of the United States on June 10 in United States District Court in Florida against Advanced Homecare Inc. claiming she was unlawfully terminated from her position on Jan. 18, 2010.

The lawsuit claims Advanced Homecare knowingly submitted false claims to Medicare for payment starting in January 2009 through the present. The false claims were for care given to “homebound” patients even though the company knew that person receiving the care wasn't actually homebound, she said.

Other false claims were also alleged in the lawsuit including failing to get a physician signature, falsifying patient charts electronically, and changing dates of service.

According to the lawsuit Yandell claims she attempted to stop the Medicare false claims from being filed by Advanced Homecare, and as a result she was fired from her position in January 2010.

Yandell is seeking an unspecified amount in damages in the lawsuit. She is represented by Kevin J. Darken and Barry A. Cohen of Cohen, Foster & Romine, P.A. in Tampa, Fla.

United States District Court Middle District of Florida-Jacksonville Division case number 3:11-cv-00146.

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