Health department settles lawsuit for $50,000

Jan. 31--The Effingham County Health Department has agreed to pay $50,000 to settle a lawsuit brought by its former head of finance, avoiding a trial that had been scheduled to begin in January, according to the agreement.

The department fired Connie Hart in early 2014, alleging improper billing to Medicare. She sued the department in 2016 for more than $1.5 million, alleging her termination was due in part to retribution for her efforts to reveal fraud in the department.

Neither Hart nor her attorney, H. Kent Heller, could be reached for comment. The settlement agreement, approved by a judge on Jan. 22, was obtained through a Freedom of Information Act request by the Effingham Daily News.

The payment will be made by the department's insurance provider, according to Effingham County State's Attorney Bryan Kibler.

Neither side admits wrongdoing under the agreement.

Hart worked for the department for nearly 30 years before her termination on Feb. 10, 2014, when she was head of the finance department.

The Board of Health said in Hart's termination letter, filed as part of the lawsuit, that she caused the potential loss of $125,000 over seven months because she was not billing Medicare properly. It also cited concerns about her basic accounting skills.

"Due to numerous past incidents, but more specifically your lack of fiduciary oversight and lack of meaningful communication to management and the Effingham County Board of Health and in regard to the recent Medicare billing problem, your employment with the Effingham County Health Department is terminated effective immediately," the letter said.

All this was happening as the department was preparing to undergo a major contraction in staff due to reductions in state money. That made the improper billing to Medicare all the more important, the termination letter said.

Hart argued in the lawsuit that she had not been filing payments because they were either incomplete or not to Medicare standards.

Hart also claimed that she was fired because she and other members of the finance department tried to raise concerns about former Administrator Kim Esker. Esker was discharged on Oct. 7, 2013, after 13 years in the position. The board voted unanimously to fire Esker, declining to accept her letter of resignation.

Tensions continued as the department tried to stabilize its finances and sought a new administrator, according to Hart's lawsuit.

Hart's annual salary was $46,628 at the time she was fired. The lawsuit sought $430,445 in lost wages, benefits and Social Security, and more than $1 million in punitive damages.

Jeff Workman, the department's public health administrator, said he was glad the case was concluded.

"It allows us to focus on other stuff -- trying to improve the health of the community instead of defending the health department in a court case," Workman said.

Graham Milldrum can be reached at 217-347-7151 ext. 131 or by email at graham.milldrum@effinghamdailynews.com

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