Bio-Reference Laboratories Responds to an Employee Wrongful Termination Suit Filed Against It as Baseless and Without Merit
Published: Apr 15, 2013
The Company noted that earlier this week a web-based blog had posted the complaint against the Company, which has not yet been served on the Company and was unknown to the Company prior to the blog report. However, based on what was posted on the blog, the Company has completed a preliminary review of the allegations and has determined that the complaint is baseless, frivolous and totally without merit. The complaint describes a series of events that are unsupported by facts and seeks compensation for non-existent damages. The Company has policies and procedures in place that are designed to prevent the possibility of compliance violations along the lines of those alleged and that it has quality assurance programs in place that verify full compliance during the period of time alleged in the complaint. The Company's preliminary review of all electronic requisitions (the method that was used in this office) submitted by the account during the time when the plaintiff was assigned at that office to be a phlebotomist reveals no apparent Medicare or other billing issues. The Company believes it has found no evidence that any Medicare patients, drawn by the physician's staff, were billed by the Company to Medicare for venipuncture fees. The Company also believes, based on its preliminary review that the totality of blood draws involving the plaintiff are miniscule in number and the amount of anticipated reimbursement from those phlebotomy services billed to Medicare from the account over the period the plaintiff worked at the location was less than $250. In addition, the Company believes that the billing practices relating to this account are consistent and compliant with Medicare and Medicaid regulations.
It should be noted that the former employee was terminated by the Company in the ordinary course of business in April 2011 and that she filed no internal or external complaints with or against the Company until the lawsuit was reported in the previously mentioned blog report. The Company believes that the circumstances relating to the filing of the complaint and the allegations contained in it defy logic and credibility. In this regard, while the case has been described in the internet blogs as a "whistleblower" suit, the Company is unaware of any facts indicating that the Plaintiff ever engaged in any whistleblowing activities, and this case is nothing more than a wrongful termination suit filed by a disgruntled former employee nearly two years after her discharge.
The Company will continue to investigate the allegations and the circumstances of this case and will take all necessary and appropriate steps available under the law.
About BioReference Laboratories, Inc.
BRLI is a clinical testing laboratory offering testing, information and related services to physician offices, clinics, hospitals, employers and governmental units. We believe that we are the fourth largest full-service laboratory in the United States and the largest independent regional laboratory in the Northeastern market. BRLI offers a comprehensive list of laboratory testing services utilized by healthcare providers in the detection, diagnosis, evaluation, monitoring and treatment of diseases. BRLI primarily focuses on esoteric testing, molecular diagnostics, anatomical pathology, women's health and correctional health care.
Statements included in this release that are not historical in nature, are intended to be, and are hereby identified as "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, many of which are beyond our ability to control or predict. Forward-looking statements may be identified by words such as "expects," "anticipates," "intends," "plans," "believes," "seeks," "estimates," "will" or words of similar meaning and include, but are not limited to, statements about the expected future business and financial performance of Bio-Reference Laboratories, Inc. and its subsidiaries. Statements looking forward in time are included in this release pursuant to the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. Such statements involve known and unknown risks and uncertainties that may cause the Company's actual results in future periods to be materially different from any future performance suggested herein. Risks and uncertainties that may affect the future results of the company include, but are not limited to, adverse results from future government investigations, lawsuits or private actions, including the lawsuit described herein, the competitive environment, changes in government regulations, changing relationships with customers, payers, suppliers and strategic partners and other and other risks and uncertainties detailed from time to time in our filings with the Securities and Exchange Commission. We undertake no obligation to publicly update or review any forward-looking information, whether as a result of new information, future developments or otherwise.
BIO-REFERENCE LABORATORIES, INC.
Tara Mackay, Investor Relations
(201) 791-1941 (fax)