ZOLL Fired me on FALSE HIPPA allegation's

Anonymous

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Hopefully I will get a rely now!! Zoll terminated me NOV,12 on a HIPAA violation. There was no investigation with the hospital. Just the word of my RM that road with me one day. He apparently had no ideal the Director of Purchasing gave me a BAA (business associates agreement) with the hospital Which gives me authority to look at charts without HIPAA violation. In addition I HAVE the physicians consent to identify patients. The Hospital was Pissed because Zoll was accusing the hospitals Charge Nurse and floor Supervisor with the HIPAA violation since they gave me the charts.

ZOLL tossed me in the streets with NO insurance, severance or explanation. As a single dad of 4 this is really taking a toll on me mentally, physically and emotionally. You fired me on FALSE allegations!!! Since you don't give a shit about me or my family!! I have informed all 4 of my hospitals about the questionable practices of Zoll. First is the "stragitic PSR". This is a HIPAA violation waiting to happen , I was told. Zoll wants us to find RN that work or have access to "high volume" of potential patients. Then look in there charts and "identify" if they meet the requirements for LV. Hospitals informed me this breaks the "Minimum Necessary Information rule" and "Patient Privacy Rule". Anybody that knows little about HIPAA will tell you this is a SERIOUS violation because the RN is doing it for personal financial gain by looking at the patients chart to get fit $. This carries the maximum HIPAA criminal penalty of 10 years prison and $250,000 fine, look it up. Both hospitals informed me if that happens the TM and Zoll will go down with them. THEY ALL said if there are any in there hospital's to deactivate them immediately!!!. In addition we PAY the "stragitic PSR" to do in-services to teach other RN what to look for. Territory managers are playing with fire and Zoll does not give a shit, they actually encourage this and just want MO's. Just ask ANY hospital Director of Nursing, don't take my word.

Why was it so hard for me as the first Territory Manager in the area to get the hospital's and RN to get Medical Orders???????? BECAUSE they do not Normally look if the patients cath report or in history to see if they have dilated LV or NICM or indications for LV. These are thing Zoll's asking RN to look for these things that DO NOT pertain to the patients care which violates the "Minimum Necessary Information rule" If they are PSR then they are looking at patients information for personal financial gain which hold a criminal penalty. DOESN'T matter what Zoll says and how they try to twist it!! Just ask your hospitals and Directors of Nurse's at your hospital. The Hospitals want to protect there staff and them selves. I was told... They could be held liable for allowing the practice in the hospital if a violation was made.

Also I've shown my hospital's Zoll's "Patient Flow Chart" and always saying we need to "Identify" patients. How can we do that without a HIPAA violation, the hospital asks. We CAN"T Identify anybody without the Physician consent. Who gives a shit about the patient flow chart we shouldn't know about any patients condition. Unless the hospital calls us we shouldn't even be in the hospitals EXCEPT to educate the RN on how to fill out the Medical Order, NOT to look for criteria. I WAS TOLD. Zoll has skated by on thin ice or that "gray" area and now there about to get called out by hospitals, Office of civil rights, and DOJ.

ALSO why are the PSR not VCS or Reptrac credentialed??? Ive spoke with my hospitals about this. They ALL said Zoll knows better since Zoll make all there employees credentialed. Next time you check in your hospital ask the purchasing director about it. They will say yes they have to check in. SHIT they wont the florist to check in, that's why they leave flower at front desk so they don't have to be VCS. Zoll preach about morals, ethics and do the right thing until it might cost you money or unless it benefits you.

You also fit all 3 patients that you said I obtained patient information ILLEGALLY or with a HIPAA violation. You processed the order charged the patients insurance with the illegally obtained information and fit them.. I'M pretty sure that's INSURANCE FRAUD. Using patient information that you fired me for... HUMMMM. Don't worry hospitals doing the investigation.

Can anybody let me know why Zoll did this to me? I will keep pleading my case to every body until I get the answer.. The 50% quota increase is impossible, which makes TM do the questionable actions to them selves and hospital staff. I have been told for months my job was on the line if i don't bring my number up. I made may quota for 13 months in a row. Then I have been through some hard times past few months with a divorce and loss of family member but Zoll took none of that in consideration. They are selfish assholes. My quota was at 85% when I got fired and I was making ground! My RM was only in my territory 4 days from his hire to my fire, so saying they help there employees reach there quota is BULLSHIT!! Every day me and my kids struggles on where to get money to live I WILL educated every hospital, government agency and anybody that will listen in the USA on the questionable practices. You have ruined my life on a FALSE allegation, Ill do everything I can to return the favor to ZOLL. If anybody can help with information on what to do will be greatly appreciated.
 






Holly crap man!! I would look into Deformation of Character or slander. Zoll is small player in a big medical world, and needs some ass kicking to act like a big company. They need to follow the rules and regulations other company go by. All big time company's or hospital's would have to have an investigation before they fire somebody on HIPAA violation so there wont be any slander or Deformation of Character. I'm a RN and know the state usually brings there own person to investigate. What a bunch of idiots there just asking for a lawsuit. Hit them hard!
 






Thank you. I have been told by the all 4 hospital's and the 2 physicians involved that I should get a lawyer for the Defamation of Character. When they told me to get on a conference call the day I was fired I KNEW something was up and I RECORDED the whole call!!!! SO they cant say we didn't fire you for HIPAA violation. I have spoke with 2 lawyers and sending them info from the hospital that did the investigation there conclusion and the recordings of them fireing me!!! . Hospital says there was no HIPAA violation after the investigation that included the RN's and doctors involved. My RM told me that Barry Plye has been wanting to fire me for a while and guess he was needing to please him. My RM also said repeatedly that hes tired of babysitting his region and that's not what he's hired to do..They are all in bed with each others and lying to each other!!!! I know stories that my RM and other TM said that could damage all them. Ill always keep my cards hidden until they make me show them.
 












Well do. The great thing is when they told me to get on conference call I knew something was up so I recorded the termination!! I have the whole conversation so the TRUTH will be told!!! I've learned in the past that company's are chickenshit and will lie and say we didn't say that, so I've learned to record everything :) Have fun explaining this ZOLL. The crap thing is I wouldn't said anything if they would have given me some kind of severance or ability to provide for my family till I get another job.
 






Well do. The great thing is when they told me to get on conference call I knew something was up so I recorded the termination!! I have the whole conversation so the TRUTH will be told!!! I've learned in the past that company's are chickenshit and will lie and say we didn't say that, so I've learned to record everything :) Have fun explaining this ZOLL. The crap thing is I wouldn't said anything if they would have given me some kind of severance or ability to provide for my family till I get another job.

Get a lawyer. Recording conversations without the other party's permission is inadmissable and could result in having your whole case thrown out since they could accuse you of deliberate entrapment.
 






GOT IT..Well that's why I'm trying to get a lawyer to handle this and maybe I just thought I recorded it.. Any more help would be appreciated. A nice severance would have been a lot easier. lol
Thank you,
 






Get a lawyer. Recording conversations without the other party's permission is inadmissable and could result in having your whole case thrown out since they could accuse you of deliberate entrapment.

Believe it or not in most states single party connect is legal and if you record the conversation you can provide the convent as the single party. PN is one of the very few states that requires two party connect. However, most of the other states allow for 1 party connect, so as long as one of the parties involved is not in PN the one party connect applies. you can look online which states allow for one party connect and which allow for two party connect.
 












This might help cover your lost wages for Deformation of character 45 million. Looking at that web sight I can retire!:)

Gambro Healthcare Agrees to Pay More Than $500 Million in Medicare Fraud Case

The relator in the case received more than $45 million for helping the government to uncover allegations that Gambro Healthcare:
 






Get a lawyer. Recording conversations without the other party's permission is inadmissable and could result in having your whole case thrown out since they could accuse you of deliberate entrapment.

Not true!! Depends on what state you live in. Doesn't matter. Don't get hung up on the small stuff. If you have something on tape that's desperaging to the company than use it wisely. DOJ wouldn't mind learning of practices that are several shades of gray. There are enough former reps out here that have kept e mails that might help support your claim. I don't agree with the total cut and run theory. If your just pissed and are going to get over it in a week or so than don't waste your time. If your serious keep us up to date and hopefully people will be able to help.
 






Not true!! Depends on what state you live in. Doesn't matter. Don't get hung up on the small stuff. If you have something on tape that's desperaging to the company than use it wisely. DOJ wouldn't mind learning of practices that are several shades of gray. There are enough former reps out here that have kept e mails that might help support your claim. I don't agree with the total cut and run theory. If your just pissed and are going to get over it in a week or so than don't waste your time. If your serious keep us up to date and hopefully people will be able to help.

Well I'm not going to get back in medical field so ill be fighting forever...I'm getting in the oilfield sales from help of friends. SO FUCK Zoll with possible recourse. The oil field industry is great full I'm not dealing or on meth.. LOL ANY HELP WILL BE APPRECIATED! The Emial will help people tell there story.
 


















I feel for you. Nobody deserves this kind of hit right before the holidays. However, I can't get over the fact you keep mentioning a severance package. Are you implying Zoll can buy your silence - there goes your credibility out the window.

The fact is, Zoll has a large gap between themselves and PSRs. The company itself does not provide any training on how to target patients to PSR candidates. If anything, the ridiculous goals set-forth by management inspire TMs to delve into this gray area. Zoll has their bases covered because every PSR signs an anti-kickback clause in their contract. If anything the liability falls to individuals and not company as a whole.

Again, I'm sorry this happened to you, but I think you have a lemon case here.
 






I feel for you. Nobody deserves this kind of hit right before the holidays. However, I can't get over the fact you keep mentioning a severance package. Are you implying Zoll can buy your silence - there goes your credibility out the window.

The fact is, Zoll has a large gap between themselves and PSRs. The company itself does not provide any training on how to target patients to PSR candidates. If anything, the ridiculous goals set-forth by management inspire TMs to delve into this gray area. Zoll has their bases covered because every PSR signs an anti-kickback clause in their contract. If anything the liability falls to individuals and not company as a whole.

Again, I'm sorry this happened to you, but I think you have a lemon case here.


Self referral and anti-kickback are two very different things and both are not legal. As far as the HIPPA thing goes, yes the PSRs are violating HIPPA by getting documents for patients that are not assigned to them in the hospital, but also reps are liable if they are getting documents to clear exceptions, that is also illegal.

As far as severance goes, I have never heard of a company not offering severance to an employee when they let them go. I have seen Zoll let go any employees and all do not get any type of severance or insurance, they are cut off immediately. Typically a company offers severance to make the adjustment to a new role a bit easier and to show some heart. As well, it has a clause that you will not sue the company in court for anything and in most instances the employee takes the severance because it's at least 3 months pay or more and they can not afford to be without any income. Zoll is the first company that I have ever heard of that does not offer any severance, thus opening themselves up to law suits for wrongful termination. In my opinion it's short sighted on the company's part.
 






I feel for you. Nobody deserves this kind of hit right before the holidays. However, I can't get over the fact you keep mentioning a severance package. Are you implying Zoll can buy your silence - there goes your credibility out the window.

The fact is, Zoll has a large gap between themselves and PSRs. The company itself does not provide any training on how to target patients to PSR candidates. If anything, the ridiculous goals set-forth by management inspire TMs to delve into this gray area. Zoll has their bases covered because every PSR signs an anti-kickback clause in their contract. If anything the liability falls to individuals and not company as a whole.

Again, I'm sorry this happened to you, but I think you have a lemon case here.

First off thank you for the condolences. As far as buying my silence, They buy most TM and RM silence. They know HIPAA violations happen all the time and don't report it. Us as TM do questionable stuff some time, BUT we do it for the MO's. As far as the anti-kickback clause I'm not sure, I'm just talking about PSR that work at the hospital's and HIPAA hospital violation's. I know some reps take there PSR out to dinner and lunches and gives gifts at Christmas for there hard work. Anyway

If Zoll knows TM'S are targeting a floor RN that works on ICU, PCU, Telemetry ect. other wise known as "strategic PSR". They do educate them to Identify the pt. These RN call us and tell us about PT. Why do probably 50% (a guess) of PSR work in these high risk area's? WE as territory Managers know what were doing and so does Zoll. They just turn the other way. How many PSR are school RN or work at the community health clinic or in an OBGYN office. NOT MANY, cause they DON'T help our business or help get MO's. WE need people to help us identify patients and the best way is to pay them (with a fit) for finding the patients .. IT IS WHAT IT IS! That's why I was having a hard time making my number. I had NO "strategic PSR" until I got a floor supervisor to help me after I told her about the PSR. IT WORKS just maybe violating HIPAA rules but I'm sure not turning myself or the RN in.... As long as nobody turn's them in who cares..
The hospitals are seeing this and they DO NOT want there staff involved. JUST please ask a floor supervisor or director of nurse's at your hospital's. See what they think and if a great ideal to pay there staff for fitting our product. MY opinion or Zoll's DOES NOT matter. WE are at the mercy of the hospitals. WE should all remember that. There are some hospitals that wont let ANY Pharma or other rep in hospital. They can do what they want. Zoll should have a policy that states no PSR can work in a hospital because we care for hospital employees and want to keep them from any possible HIPAA violations. BUT can you imagine the loss of MO's. Just saying its not right .
Zoll also has to remember hospital's or physicians get NO reimbursement for our product so they could care less if they kick us out. We are NO value to them except lunch and maybe helping the 30 day mortality.

The thing that really sucks is I believe in the Lifevest and really enjoy talking to people about it. Just tore up inside because I do like the product so much and it give's people life and I loved selling the product.
 






First off thank you for the condolences. As far as buying my silence, They buy most TM and RM silence. They know HIPAA violations happen all the time and don't report it. Us as TM do questionable stuff some time, BUT we do it for the MO's. As far as the anti-kickback clause I'm not sure, I'm just talking about PSR that work at the hospital's and HIPAA hospital violation's. I know some reps take there PSR out to dinner and lunches and gives gifts at Christmas for there hard work. Anyway

If Zoll knows TM'S are targeting a floor RN that works on ICU, PCU, Telemetry ect. other wise known as "strategic PSR". They do educate them to Identify the pt. These RN call us and tell us about PT. Why do probably 50% (a guess) of PSR work in these high risk area's? WE as territory Managers know what were doing and so does Zoll. They just turn the other way. How many PSR are school RN or work at the community health clinic or in an OBGYN office. NOT MANY, cause they DON'T help our business or help get MO's. WE need people to help us identify patients and the best way is to pay them (with a fit) for finding the patients .. IT IS WHAT IT IS! That's why I was having a hard time making my number. I had NO "strategic PSR" until I got a floor supervisor to help me after I told her about the PSR. IT WORKS just maybe violating HIPAA rules but I'm sure not turning myself or the RN in.... As long as nobody turn's them in who cares..
The hospitals are seeing this and they DO NOT want there staff involved. JUST please ask a floor supervisor or director of nurse's at your hospital's. See what they think and if a great ideal to pay there staff for fitting our product. MY opinion or Zoll's DOES NOT matter. WE are at the mercy of the hospitals. WE should all remember that. There are some hospitals that wont let ANY Pharma or other rep in hospital. They can do what they want. Zoll should have a policy that states no PSR can work in a hospital because we care for hospital employees and want to keep them from any possible HIPAA violations. BUT can you imagine the loss of MO's. Just saying its not right .
Zoll also has to remember hospital's or physicians get NO reimbursement for our product so they could care less if they kick us out. We are NO value to them except lunch and maybe helping the 30 day mortality.

The thing that really sucks is I believe in the Lifevest and really enjoy talking to people about it. Just tore up inside because I do like the product so much and it give's people life and I loved selling the product.

Awesome product, great data and easy to sell. I am hopeful the rest of the sales team learns from your mistakes but also reads into your passion about how good our product is and really just how nice they have it over here!!
 






Awesome product, great data and easy to sell. I am hopeful the rest of the sales team learns from your mistakes but also reads into your passion about how good our product is and really just how nice they have it over here!!

Bahahahahaha..there is not great data and it is NOT easy to sell. Thank you marketing or management for that laugh! What the original poster was sharing is that the sales model is flawed and a rep can not make their number without a strategic PSR and if you do have a strategic PSR they are more than likely violating HIPPA policy. If I were the original poster I would start turning in Strategic PSRs all across the region to their respective hospitals. Zoll is feeding the hand that violates the HIPPA policy so in order to really make it right you have to start there. Once PSRs are turned in Zoll may be forced to change their model to one that is ethical.
 






Very well put,, there's a lot of people out hear feel the same way and we understand what that poster is saying. They are correct! You could bypass the individual hospitals and inform corporate office's like was said in other post's.

I know this is HCA Code of Conduct: HCA colleagues must never use or disclose confidential information that violates the privacy rights of our patients. In accordance with our information privacy and security policies and procedures,which reflect HIPAA requirements, no HCA colleague, affiliated physician, or other healthcare partner has a right to any patient information other than that necessary to perform his or her job.

This is HCA ethics & compliance statement: For several years, HCA has had a comprehensive ethics and compliance program, which includes: Articulating standards of compliance and ethical conduct; creating awareness of these standards among everyone in the company;Providing a means to report exceptions (i.e., possible misconduct) monitoring and auditing performance in areas of compliance risk; establishing organizational supports for this entire effort; and undertaking other efforts such as Clinical Ethics and Pastoral Services. We maintain an Ethics Line (1-800-455-1996) to receive reports from anyone who is aware of a violation of our Code of Conduct or Policies and Procedures. This line is answered at all times.
Maybe the person who got fired should follow Zoll's lead and needs to report any possible violations. There's the number firecracker! Glad to help you.