Becker's ASC Review

43 HEALTHCARE NEWS Nurses accuse Georgia hospital of manipulating COVID-19 test results By Ayla Ellison F our nurses are suing Landmark Hospital of Athens, Ga., alleging the hospital intentionally manipulated COVID-19 test results to hide an outbreak at the facility, according to TV station WXIA. e nurses claim they were instructed to take tracheal swabs and then send them to a lab that only tests nasal swabs. e swabs were rejected because the lab was unable to perform the COVID-19 tests on those types of specimens. "Landmark purposefully submitted these samples with purposefully incorrect labels to orchestrate negative results for patients who had previously tested positive for COVID-19," the complaint states. One nurse, who agreed to speak to WXIA on the condition of anonymity, claims she prop- erly administered a COVID-19 test and was subsequently fired for doing so. "I did the test, and it did turn out positive and I was terminated for not having a doctor's order for a test," the nurse told WXIA. e nurses are asking the court to step in and require the hospital to fix the alleged testing issues. Regarding the lawsuit, Landmark Hospital CEO Marie Saylor, MSN, RN, released the following statement to WXIA: "While we cannot comment in detail on pend- ing litigation, we can assure you that we will vigorously investigate allegations and defend our hospital and its staff against misleading and false claims. We have always made the safety and well-being of our patients and staff our top priority, and continue to do so as we manage the local impact of the COVID-19 pandemic. Landmark Hospital of Athens follows CDC, state and local guidelines as well as established protocols and procedures for COVID-19 testing. We are fully cooperat- ing with all government inquiries about our operations, and look forward to promptly and fully resolving this matter." n Court upholds nearly $2.7M award in anesthesiologist's breach-of-contract dispute By Angie Stewart A nesthesiologist Amarjit Virk, MD, is entitled to the nearly $2.7 million in damages he was awarded in a wrongful termination suit against Williamsville, N.Y.-based Maple-Gate Anesthesiologists, his former em- ployer, according to a June 8 court document obtained by Bloomberg Law. Dr. Virk alleged that Maple-Gate breached his employment contract and vio- lated his civil rights when it fired him in May 2013. The practice argued that it had cause to terminate Dr. Virk's employment because of a patient death that led to suspension of his hospital privileges. After seven days of collecting evidence and testimony, an arbitrator appoint- ed to resolve the dispute made a decision that largely favored Dr. Virk, who was awarded $2,686,864.57 in total damages. The arbitrator determined Dr. Virk didn't prove Maple-Gate discriminated against him due to his race, age, disability or national origin. However, he found Maple-Gate's actions against Dr. Virk were motivated by "general animosity … and a general desire to oust him," which constituted breach of contract. The defendants challenged the findings, saying the arbitrator "exceeded his powers and manifestly disregarded the governing law." U.S. District Judge Wil- liam Skretny found no indication that the arbitrator was guilty of either allega- tion, and the court confirmed Dr. Virk is entitled to the amount he received. n Cleveland Clinic cancels raises, faces $500M revenue shortfall By Ayla Ellison Cleveland Clinic is implementing a cost-reduction plan to offset losses tied to the COVID-19 pandemic, according to cleveland.com. The health system's cost-cutting plan includes delaying some capital projects, restricting travel and eliminating raises. "For the first time since the effects of the 2007-09 recession, the Cleveland Clinic has announced that it will not give pay raises in 2020," the system said in a statement to cleveland.com. "Our priority is to preserve jobs and not reduce pay for our caregivers. This does not change or devalue the hard work of our caregivers and the commitment they have shown, especially during the COVID-19 pandemic." Cleveland Clinic ended the first quarter of this year with an operating loss of $39.9 million, compared to operating income of $36.2 million in the same period a year earlier. Through April, the first full month the health system limited services due to the pandemic, Cleveland Clinic had net patient service revenue shortfalls of more than $500 million, compared to plan, and incurred about $100 million in COVID-19 preparedness costs, according to financial documents. To help offset financial damage, Cleveland Clinic received $199 million in federal grants in April and May combined to cover expenses and lost reve- nues linked to the pandemic. The health system also applied for and received $849 million in Medicare advance payments, which must be repaid. n

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