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MADISON - ST. CLAIR RECORD

Monday, May 20, 2024

Former DaVita Healthcare employee sues over termination after reporting alleged fraudulent billing practices

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BELLEVILLE – A former DaVita Healthcare employee has filed a wrongful termination lawsuit, claiming she was forced to resign after reporting the company's alleged fraudulent billing practices to authorities.

Plaintiff Natalie Mosier filed the lawsuit in the St. Clair County Circuit Court against DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc., and Rachelle Stockman, citing negligence, wanton misconduct, and wrongful termination in violation of the Illinois Whistleblower Act. 

According to the lawsuit, Mosier was hired by the defendants in 2011 to work as a clinical dialysis technician and an administrative assistant. She also worked on the floor as needed. Mosier claims she worked for the defendants from 2011 to 2016, then again from 2017 until she resigned from the company on April 5, 2023. 

Mosier claims that prior to her resignation, she had refused to participate in the defendants' alleged fraudulent billing practices and illegal work activity. She claims she reported the alleged actions to Medicare and the Illinois Department of Labor. 

Mosier claims the defendants severely understaff their facilities, which endangers the patients and employees, while also billing patients for incorrect nurse to patient ratios. She adds that the defendants use uncredentialled employees that lead to further fraudulent billing, the suit states. 

According to Mosier, after reporting the defendants to the authorities, she began to face a hostile work environment created by the defendants in retaliation for her report. 

The plaintiff claims the Illinois Whistleblower Act grants her protections from retaliatory actions for her complaint. Despite this, the plaintiff alleges that prior to her resignation, the defendants began a campaign of abusive behavior towards her, which included requiring her to work excessively long shifts without breaks, harassing her at the workplace to force her to resign, destroying her records, delaying her pay and refusing to compensate her for paid time off and dissuading her co-workers from associating with her. 

The plaintiff is seeking compensatory damages in excess of $50,000. She adds that she will later file a claim for punitive damages in excess of $50,000, plus court costs, interest, and any other relief the court deems proper. She is represented in this case by attorney Brian M. Wendler and Angie M. Zinzilieta of Wendler & Zinzilieta, P.C. in Maryville. 

St. Clair County Circuit Court case number 2023-LA-840

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