Saloka v. Shelby Nursing Center Joint Venture12/6/2005
UNPUBLISHED
Before: Saad, P.J., and Jansen and Markey, JJ.
In these consolidated cases, plaintiff, Cheryl Saloka, appeals as of right from circuit court orders granting defendants' (Shelby Nursing Center Joint Venture (SNC), Assistant Director of Nursing Crystal Reick, Corporate Compliance Officer Victoria Cicone, Premiere Healthcare Management, Inc. (PHM), and Administrator Renee December) motions for summary disposition and case evaluation sanctions, in this case involving alleged: retaliation in violation of the Whistleblowers' Protection Act (WPA) and public policy, civil conspiracy, promissory estoppel, and fraud. We affirm.
I.
SNC is a nursing home facility providing assisted living for the elderly. In 1999, plaintiff was hired as the Director of Medical Records for SNC. Plaintiff was an at will employee. As Director of Medical Records, plaintiff's job entailed "coding of resident diagnoses for reimbursement to the facility. Also maintaining confidentiality of the patient medical records, maintaining correct documentation and required documentation in the medical record charts, working with doctors to take care of deficiencies in medical records ." Plaintiff's immediate supervisor at the SNC was Renee December. During this employment PHM was under contract with SNC to provide management services and was the employer of two supervisors Victoria Cicone, Corporate Compliance Officer, and December, Administrator for SNC.
In late August 2002, SNC apparently learned of alleged medical chart violations through anonymous allegations, at which time an investigation began. According to plaintiff, in August 2002, Cicone approached her regarding researching deaths that occurred in the facility. There was a medical record for a patient referred to as Patient #1 that had been changed by Reick, who was the assistant director of nursing for SNC, and plaintiff claims she forwarded this information to Cicone who wanted to know of information changes. Plaintiff claimed that she thought this was improper, and that Ann Bendit, a nurse, was asked by Crystal Reick to fix the chart, but she did not bring it to the attention of Cicone or December prior to the investigation. Plaintiff also claims that Patient #2's medical records were altered by Nurse Beverly Burgess, which later made her believe something was being covered up. Plaintiff acknowledged that she did not bring this to the attention of December, but claims she told Cicone in August or early September, and that Gloria Yerkovich, a unit manager, told her that she had informed December and the director of nursing, Janice Rogers. Plaintiff claims that during an August 29, 2002, meeting with Cicone she got the idea that any problem was going to be "swept under the table," because of the attitude. SNC ultimately concluded that errors were isolated mistakes and did not result in harm.
On September 11, 2002, plaintiff was told that she was terminated because she did not inform the Administrator, December, or the Administrator's superior, Cicone of the improprieties she believed were occurring. Plaintiff acknowledges that she did not inform December, and that she did not inform Cicone until August 2002. On the day of her discharge, plaintiff informed December that she was going to report SNC. After being discharged, plaintiff contacted the Michigan Bureau of Health Systems and reported nursing home abuse at the Shelby Nursing Center.
On November 22, 2002, plaintiff filed a complaint against SNC, PHM, Cicone, December, and Reick alleging: (1) they violated the Whistleblower's Protection Act (WPA) when plaintiff was discharged for engaging in protected activities; (2) statutes and public pol
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