Help! My employer is asking me to do something illegal! (insurance, how much)

[algregory76]

OK, here is the back story. I hate my job. No really...I love the work I do as a medical assistant, but I absolutely hate the practice that I work for. I originally signed up to work under an MD that hated the practice too and left. Since then, the owner of the practice has taken away hours, insurance benefits, and earned vacation time (to fund the owners new hot tub that has been bragged about). Now the owner is requiring the employees to commit fraud and help to book the physician assistant's schedule by telling patients that he is a doctor. I am not comfortable at all with being associated with this practice anymore. I have contacted the NC Medical Board and I have documentation that this is illegal and can cost everyone their licience to practice. I don't think I can wait for unemployement benefits, however I have a position with the MD that left but he can't hire me until the no compete claus expires in May. Should I just tell them no I won't do this and make a big stink so they fire me to sue for wrongful termination, or should I turn them in to NC Medical Board and watch them burn? Should I quit and suffer for 3 months without pay?? I don't know how to proceed?

[LynchburgLover]

I would talk to an attorney before I did anything.

[dedratermi]

If this is something you're concerned about then go to the medical board and share your concerns. If you get fired because of "whistle-blowing" then I think there are lots of attorneys that will be happy to help you after that. You may even end up owning that new hot tub that your boss loves so much.

I do understand your boss's frustration though. I'll bet your PA is capable of treating 80% or more of your patients. It's just that people think MD's are somehow more qualified to treat routine ailments (which is simply not true).

[yellowbelle]

She has contacted the medical board.

I would stay on until May. Think of how much you could help the board by collecting first-hand information. And yes, people fired for being whistleblowers end up pretty well off for their trials and tribulations.

Document your concerns, and don't participate in something unethical. As someone who has had an eye on the medical field job market, there are plenty of CMA jobs out there, at Duke in particular.

[Francois]

You'd probably find more info on the Work and Employment board, since the "issue" of being asked to do something illegal is not state-specific but an ethical one, ultimately. I used to have a boss who had me routinely do something that was technically stealing (essentially billing for services that didn't happen, and nobody ever checked the bills because they went through another party etc.) and I always voiced to him that I was uncomfortable with it and was on the verge of ratting him out to his superiors but then he got another job and moved away, and I got another job soon after, as well. To make things stickier, the boss in question and I were friends outside of work, as well. I'm glad it was only a part-time job and the situation rectified itself, as I don't know how I'd have handled it for a full-time job and long-term situation.

PS--re-reading your specifics, if you're pretty sure you can get a new job in May, hang on until then or quit a couple of weeks early if you can afford a "nonpaid vacation". In the meantime document, document, document (even save this thread for evidence, if somehow it ever came back to you and your own license was in jeopardy).

[MrMarcos]

Algregory, this sounds like an awful situation, I think you should do what you feel is right but keep in mind (to the contrary as stated by others) that "whistle blowers" rarely get compensated greatly for wrongful termination.

NC is a hard place to sue in and the problem is that you have no right to your job. You can be fired for nothing whatsoever and it is very hard to prove that you where fired for "something". You may want to start looking for other work, it might be less stress for you, I have some insight to this type of situation as my wife is an attorney and works on these types of cases.

Be careful what you say and do because if you end up in court or the like they will turn things against you. You may want to talk to someone who is a legal expert, it will ease your mind if nothing else.

*I am not an attorney, I don't work for a Law Firm and this is not legal advice, lol don't sue me if it's bad advice.

Good Luck

MrMarcos

[LLN]

Forget the medical board, call the insurance companies, they are the ones that are paying more due to this mandate.

Also, call the medicare fraud line. When my mom died I received a bill from "an unknown doctor" for a fractured shoulder. Not even close. I called the medicare fraud folks, and within hours I had a "sweet" call from the office apologizing for their error. Of course by the time I got the bill, Medicare had already paid the bogus claim. Yep, call the folks that are paying excess money. They have skin in the game.

After I made that call, I would go to work for the person you want to. Their non-compete will be pretty difficult to challenge if the fraud you state is going on is actual.

[ljd1010]

As a nurse practitioner whose role is identical to that of a physician assistant, I would tell each and every patient that you are booking them with a physician assistant, not a physician! Period. That is the truth and the truth will not get you into trouble. If there are repercussions from your employer, by all means, report them to the medical board.

[Dusty Rhodes]

Originally Posted by LynchburgLover

I would talk to an attorney before I did anything.

This sounds like a really good idea to me!

[mm_mary73]

Plenty of MDs leave a practice and bring staff with them to the new facility. If a non-compete clause exists, it is against the MD who left, NOT you and generally lasts longer than a few months. Sorry, something just doesn't sound right about this story...