Attorneys say Elin Baklid-Kunz, the hospital’s current director of physician services, solicited advice from Halifax’s legal department and then filed suit in “an intentional, clandestine act,” according to the report. They contend the documents Ms. Baklid-Kunz used to craft her whistleblower action are protected by attorney-client privilege and work-product laws, meaning they cannot be used in court.
In her suit, Ms. Baklid-Kunz claims Halifax improperly admitted patients for unnecessary inpatient care and collected higher Medicare and Medicaid reimbursements. She also alleged the hospital had financial agreements with certain physicians that were in violation of the Antikickback Statute. The Department of Justice intervened in the False Claims Act suit in September.
An attorney representing Ms. Baklid-Kunz declined to comment on the contentions made by Halifax’s attorneys. Court documents show Ms. Baklid-Kunz’s attorneys said her complaint was based on information she gained during her 17 years of employment at Halifax and that the hospital’s claims to privilege are “unfounded,” according to the report.
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