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
I 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 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. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.
