Company Terminates Auditor That Refuses To Overlook Compliance Violations

ByJohn Lomicky

Updated on

This case involves a 340B auditor that did audits for pharmacies and drug dispensaries to make sure they complied with Health Resources and Services Administration (HRSA) regulations. The auditor performed an audit at the defendant hospital which showed compliance problems. He submitted his audit, but the auditor’s employer informed him that the audit would not be accepted out of the company’s fear of losing the hospital as a client. The auditor refused to amend his report and was subsequently terminated. After the auditor was terminated, his former employer allegedly made changes to the report and signed the auditor’s name to the altered document.

Question(s) For Expert Witness

1. Please explain your experience working as a 340B auditor.

Expert Witness Response E-099720

inline imageI have been working as an Internal Auditor/340B Specialist at a Health Company in North Dakota. This Health Company is the largest employer in North Dakota and South Dakota with over 28,000 employees. We have over 120 340B pharmacies (Hospitals and contract pharmacies) across North Dakota, South Dakota, and Minnesota. I have been conducting 340B compliance internal audits across these States in an Enterprise role completing audits of both Hospitals and contract pharmacies. I am currently working on the Apexus Advanced 340B Operations Certificate. I have not reviewed a similar case. However, I have studied about whistleblower cases and am also a member of the Association of Certified Fraud Examiners and have learned a good amount regarding whistleblower cases through this organization. I have never been sued or arrested.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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