Care Litigation And The Consulate Health Care Fraud Outlet

There have been quite a few large lawsuits against Consulate Health Care, which have recently been filed. Consulate medical facilities are in the news lately, particularly in Florida. One of its clinics recently received a twenty-one-year restraining order from the Florida Office of Disciplinary Review.

Consulate Health Care Lawsuit

At first blush, one would not expect this particular situation to occur in a progressive state such as Florida, but it has. The order was lifted after the twenty-one-year period expired, but the lawsuit continued for another eighteen months before it was finally dismissed. During that time, however, the Inspector General discovered that the nursing home had been routinely submitting false claims for compensation to the consulate health care’s insurance carrier. The insurance carrier then pursued legal actions against the two nursing homes and their insurer, ultimately forcing them into bankruptcy. Of course, the Inspector General also discovered that the claims in this case were entirely fraudulent.

The result of all of this is an important lesson for all employers, whether they employ hundreds or thousands of people, including those who work for the U.S. consulate or other foreign facilities.

Whenever possible, avoid settling any kind of employment-related injury or litigation with employees who belong to another country. In this case, the Inspector General found that both the nursing home and its insurer had acted in bad faith. It is not clear whether the judgment will be upheld by the Florida courts, but the lessons that should be learned here should prevent similar situations in the future.

Another lesson to be learned here is that it can be nearly impossible for an injured employee to recover damages under the host nation’s statutes and laws.

An employee of consulate medical facilities may be entitled to compensation under their home nation’s laws, but the same cannot be said for the defendant’s laws. In the United States, national standards apply to those who are injured on American soil, but foreign jurisdictions often treat foreign workers differently. For example, in Canada, an injured Canadian will be entitled to the same treatment accorded to an American employee who has received compensation under Canadian law. The same cannot be said for nurses who report abuse in a foreign country.

Yet another important lesson to be learned here is that the vast majority of U.S. citizens who contact the Department of State’s Foreign Service Nursing webpage will be provided with a complaint about a foreign nursing home, not an incident report.

While every individual who contacts the webpage may have a story to tell, there will be no record of the complaint unless the complaining individual forwards it to the appropriate authorities. This means that those who contact the webpage may never learn of the actual whistleblower unless they follow the instructions to filing a formal complaint. However, filing a formal complaint requires more than simply forwarding a message to the webpage; it requires proof that the complaint has been made in good faith.

On a final note, if anyone wants to contact me about my Article I can point them to this article.

If they still want to discuss this article, we may speak again at some future time. At this time however, the writer is too busy focusing on his or her Article and considering how best to use it to bring greater awareness to those who may have similar complaints but who may lack the legal expertise to actually pursue such claims in federal court. For anyone who has read my previous articles on this topic, I thank you for reading this one and I hope you will consider it all this year. If you have any comments, questions, concerns regarding this matter please direct them to this e-mail address and I will do everything in my power to assist you. Thank you for reading my many articles on different subjects, which interest you.

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