AUSTIN, Texas (Legal Newsline) – An operations manager for a medical supply company in Texas alleges she was terminated because she would not agree to fraudulently bill Medicaid.
Nicole Melchior filed a complaint on Dec. 12 in the U.S. District Court for the Western District of Texas against Apple Homecare Medical Supply Inc. alleging violation of the False Claims Act.
According to the complaint, in May, a doctor wrote a prescription for a patient for a second gastronomy tube extension but Medicaid would only pay for one per week. The suit states another employee suggested filling the prescription but billing it to Medicaid as another item, which the plaintiff refused to do because she believed it was fraud.
She alleges she was suspended in June and terminated in September. The plaintiff holds Apple Homecare Medical Supply Inc. responsible because the defendant allegedly terminated plaintiff's employment while she was engaging in a protected activity.
The plaintiff requests a trial by jury and seeks reinstatement, two times the amount of back pay plus interest, damages, special damages, all legal fees and any other relief as this court deems just. She is represented by Kell A. Simon of The Law Offices of Kell A. Simon in Austin, Texas.
U.S. District Court for the Western District of Texas Case number 1:16-cv-01301-RP