Former employee sues Gentiva for wrongful termination

CHARLESTON -- A former employee says she was terminated from her employment because she reported fraudulent Medicare billing practices.

Gentiva Health Services, Inc.; Gentiva Certified Healthcare Corp.; Gentiva Health Services (USA), Inc.; and Elizabeth Chambers were named as defendants in the suit.

On Jan. 22, 2010, Holly E. McComas placed a phone call tot he defendants' human resources director to complain about fraudulent Medicare billing practices at Gentiva's Charleston branch, according to a complaint filed Feb. 9 in Kanawha Circuit Court.

McComas claims on Feb. 2, 2010, she and other employees made more complaints about the practice of Medicare fraud.

Later in the week, McComas contacted the human resources department again because she feared she would be retaliated against because she came forward to report the Medicare fraud, but was assured no such thing would occur, according to the suit.

McComas claims she was discharged on April 8, 2010.

The defendants' actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to McComas' rights, according to the suit.

McComas is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by C. Benjamin Salango.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 12-C-257