Halifax Health Attorneys: Whistleblower Used Protected Documents to Craft Suit

Attorneys for Halifax Health Medical Center in Daytona Beach, Fla., claim an employee improperly obtained documents to create a whistleblower suit filed in 2009, according to a Daytona Beach News-Journal report.

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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.

More Articles on Halifax Health:

Court Denies Halifax Health’s Request for Injunction, Lets Whistleblower Suit Proceed
Justice Department Reaffirms Alleged Kickbacks at Florida’s Halifax Health
Justice Dept. Files Suit Against Florida’s Halifax Health Alleging Improper Relationships

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