Becker's Hospital Review

August 2018 Hospital Review

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19 19 CEO/STRATEGY Michigan hospital sues 3 patient relatives over Facebook post: 9 things to know By Alia Paavola T he Kalkaska County Hospital Author- ity, the operator of Kalkaska (Mich.) Memorial Health Center, sued three people over a Facebook post and picketing, claiming the moves caused defamation, tor- tious interference and an invasion of privacy, according to the Traverse City Record Eagle. Here are nine things to know: 1. e lawsuit centered on the care of 94-year- old Eleanor Pound and the patient's family members expressing frustrations. It named three defendants — Carol Pound, Diane Pound and Aliza Morse. Carol Pound and Di- ane Pound are Eleanor Pound's daughters, and Ms. Morse is Eleanor Pound's granddaughter. 2. Ms. Morse made a lengthy, public post on Facebook May 5 to express her frustrations with the hospital's care of her grandmother along with how staff members treated her and the other family members. e frustrations included being forbidden from visiting their 94-year-old relative. e post had 1,200 shares and garnered nearly 600 comments as of July 2. 3. Carol Pound picketed in front of the hospi- tal, her signs expressing frustration about the facility and its policies. 4. e lawsuit claimed the three defendants verbally abused their family member, ignored dietary restrictions, withheld meals from her, instructed her not to take medications and verbally abused hospital employees. As a re- sult, the hospital authority said it prohibited Eleanor Pound's relatives from visiting. 5. e hospital accused the three women of business defamation, interfering with its abil- ity to conduct business and false light inva- sion of privacy. 6. e lawsuit asked for Ms. Morse to delete the Facebook post and issue a public retrac- tion. In addition, it calls for the family mem- bers to stop picketing with "critical messages." 7. "e issue is not minimizing publicity. e issue is patient safety, staff safety and the def- amation of this very fine organization of care providers," said Kalkaska Memorial Adminis- trator Kevin Rogols. 8. In response to the lawsuit, Ms. Morse said, "I want the freedom to express my opinion in Kalkaska County without being subject to frivolous lawsuits," according to the Traverse City Record Eagle. 9. A court ordered the hospital and family to mediate their dispute. If the mediation efforts are unsuccessful, the hospital and three de- fendants will go to trial next January. n Memorial Hermann hit with $1M retaliation suit by former employee By Ayla Ellison A former physician peer review coordinator for Hous- ton-based Memorial Hermann Health System - sued the health system for $1 million, claiming she was fired in retali- ation after she refused to reveal confidential information. In the lawsuit, pending in Harris County (Texas) District Court, Ger- trude Johnson alleges that beginning in 2018 Memorial Hermann asked her to reveal confidential and protected information related to the health system's surgeons' peer review grades. She was al- legedly asked to disclose the information during "filter committee" meetings, which are open meetings that are not confidential. Ms. Johnson told several health system officials she believed dis- closing the information to the filter committee would violate Texas and/or federal law. Despite her concerns, the health system al- legedly required Ms. Johnson to share the information. Ms. Johnson alleges she was fired in May 2018 for reporting her con- cerns about disclosing the confidential information. Although health system officials allegedly told Ms. Johnson her position had been eliminated, she claims Memorial Hermann planned to fill her position again in July 2018. Ms. Johnson alleges Memorial Hermann "created a pre-textual basis for the termination to hide its true intent." A Memorial Hermann spokesperson told Becker's July 3 that the health system had not been served with the lawsuit and had no comment on the pending litigation. n Physician group to close dozens of clinics amid federal investigation into CEO By Ayla Ellison B rentwood, Tenn.-based Comprehensive Pain Specialists is closing more than 25 clinics, ac- cording to the Tennessean. Although CPS has not publicly stated why or when the clinic closures are occurring, Tennessean re- porters visited or called each of the company's 40 clinics July 3. A clinic in Murfreesboro, Tenn., had a sign on the door that read "permanently closed." Fifteen other clinics confirmed plans to close in July, and another 11 clinics' voicemail messages said they were closed. Employees at the remaining 13 clinics either did not answer the phone, said the clinic was being transferred to another company or declined to comment, according to the report. The clinic closures come about three months af- ter federal prosecutors charged Comprehensive Pain Specialists CEO John Davis in a $4.6 million kickback scheme. The indictment alleges from June 2011 until June 2017, the CEO of a durable medical equipment company paid Mr. Davis ille- gal kickbacks in exchange for Medicare referrals for durable medical equipment ordered by CPS. n

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