Whistle Blower Case Upheld for India Operation?

LifeWatch Services Facing FCA Charges on Use of Foreign Personnel

Posted October 20, 2015, 3:14 P.M. ET

By Eric Topor

A federal district court in Illinois denied cardiac monitoring company LifeWatch Services Inc.'s motion to dismiss a whistle-blower's lawsuit accusing the company of using uncertified technicians in India to perform monitoring services in violation of federal health-care regulations.

False Claims Act whistle-blower Matthew Cieszynski, a technician with LifeWatch, alleged that his employer was using technicians in India to perform cardiac monitoring services to patients in the United States, and then switching the technician's name with a LifeWatch certified technician in the U.S. before submitting the claims for payment to Medicare, Medicaid, TRICARE and the Veterans Administration Health Care. Cieszynski said LifeWatch knew that federal health-care program regulations require patients located in the U.S. to be treated by persons also located in the U.S., and that it falsely certified that it was in compliance with regulations with every claim submission.

The U.S. District Court for the Northern District of Illinois said the whistle-blower's allegations, which included four specific claims submitted to Medicare that involved Indian technicians whose names were switched with U.S.-based technicians before submission to a referring physician, plausibly alleged that LifeWatch submitted false claims to the government. The court also pointed to forms LifeWatch allegedly submitted with each claim that certified compliance with federal health-care regulations as sufficient to establish liability under an express certification theory of liability.

The case is United States ex rel. Cieszynski v. LifeWatch Servs., Inc., 2015 BL 342749, N.D. Ill., No. 1:13-cv-04052, 10/19/15.

 

Shame on the company for allegedly cheating American taxpayers. They pay India techs a very small wage and increase their profit margins by doing so. No wonder they are being investigated. This is what happens when a company treats their employees as cattle and gives their jobs away to techs in India..people don't like that.

 

Any Cardionet technicians looking for a whistleblower lottery ticket?? Start getting your ducks in line.

 

You're on your own with this one.

 

If this is true, there is no way Dror can get out alive. The sales force is disappointed to learn of this very poor decision, but not surprised. With a CIA in place, the future of the company is definitely at stake. Our region has already started making contingency plans.

 

Already two large accounts asked about these allegations. Not good for us. Lee, Dror and all Swiss will be in jail. Run forest run...

 

has anyone told the DOJ about the hook-up fee's we're still paying to some doctors offices. I'm sure the DOJ would love to hear about that.

 

What about all the compliance with these potentially illegal activities? I am sure everyone knew about this from management on up. The company treated their employees wrong and now the employees are turning the tables. The HR dept is a joke and probably the most unfriendliest around. Lifewatch, you stink as a company.

 

The corporation's compliance program is inadequate due to its compliance officer and the failure of the current CEO to remove him. Ms. Kravetz, as Corporate Council and Secretary may also be responsible. Lee's removal has been requested by several past DSOs, COOs, EVPs, Presidents, and the current CFO. Lee is completely incompetent, not based on skill set or intelligence, but based on his lack of emotional stability and his inability to focus on one thing. He constantly overwhelms himself with aspects of the operations, sales, and business develop that "takes away" from the real purpose of a Compliance Officer. He TRUST no-one. He must be "in-the-know" of all things, and his insecurities breed dominance and frequent conflict. In fact he thrives on creating conflict where he can help solve. This syndrome has a name. See Harvard Business Review's publication on Munchausen by Proxy in the work place. A historical example is: Lee escalated that the company was not processing a clinical responsibility correctly......crying serious "foul" and "harm" to the patient and clients. After almost a hundred hours of research by key staff members, meeting with senior management to include the CEO, and finally several interviews and conference calls with the company's highly respected Medical Advisory Team, it was determine Lee's claims were worthless and unfounded. As long as Lee is allowed to maintain his position (and his circular conflict) and the current leadership allows a culture of fear and no-trust, it will be very difficult to change. Maybe the current legal situation will force a change for good.

 

Let's see. Ex CEO was fired. Ex COO was fired. Ex President was fired. Ex Chief Sales Officer pushed out. All DSOs either fired or resigned. Lee is still there. Kravetz is still there. Does that tell you something?

 

You make very valid points. You could be stating that only Lee and Ms. Kravetz and the current CEO and CFO are ethical and that is why they remain. Following this logic, then all the past leaders were justly terminated. Conversely, it could argued that Lee and Ms. Kravetz have damaged many lives for their own gain and self preservation. These two conspirators would put forth that the terminations were always required based on their interpretation of compliance standards, the Corporate Integrity Agreement (CIA), and to "protect the corporation and share holder".

Following the above logic and position; the individuals fired or forced out always held "criminal intent". Many times Lee has implied or stated this "as fact". Or, could it be that the compliance program is inadequate and Lee's leadership is founded in being vile, power hungry, deceitful, and promoting self-preservation at all cost? If this is true, it is extremely destructive to the company. Again, to be fair and factual each counter position could be argue. Unfortunately the terminations referenced are in the past and the harm is done to the individuals and the company. There are NO winners from the past or wrongful terminations, especially with another "new" OIG case. Time, and the legal system, will tell if LifeWatch's compliance program and it Compliance Officer has failed.

However, this author stand firm based on facts that "criminal intent" or failure to follow the CIA was never the reality in one major termination case. The main truth in this case, if ever litigated, would prove a highly skilled dedicated senior leader was wrongly terminated. This leader was treated with great distain and such dis-respect that when the events are described to the general public the first term that comes to mind is "that is outrageous". This is especially true when the record reflects this leaders' constant actions ONLY strived to raise the company's ethics, service offering, financial results, and professionalism by elevating compliance to a living thing, 24/7/365; not just power points and random ride alongs. This leaders' reward was to be harmed in a way that is beyond words for this public arena.

 

I love all this legal chat. Lee is an incompetent, lying, vile, vengeful, deceitful, worthless piece of shit. But he does this job only for fun as he invented the computer so the financial windfall from that one invention alone is astronomical. Also, I believe he's told me time and time again that he invented the event monitor. I mean, you can't make this shit up. He needs immediate removal and even then it may be too late for all of the issues we're currently facing.

 

Hopefully they will be as deserved...

 

This sounds more personal than anything else. Easy to throw accusations. Did Lee have you demoted or fired?

 

Not to mention the layoff of countless US employees. I recall this company committing medicare fraud just a few years back paying back the government 18 plus million. Guess some people/ companies never learn how to run a company ethically.

 

The worthlessness does not stop there. Most of the company has incompetance everywhere you look. Who puts a VP in charge of clinical operations that has no medical experience/ background? Steve does. Did you ever have a chance to speak with or listen to Eric. It amazes me they have jobs not to mention the titles these people carry.

 

Spread the word. All the patients, clinicians, doctors, etc have the right to know what type of service is actually being provided.

 

Sounds like its time to get the media involved.