Lawsuit alleges state mismanagement of home health care agencies

Former employee of Texas DADS files whistleblower lawsuit

AUSTIN – A woman fired from the Texas Department of Aging and Disability Services has filed a whistleblower lawsuit against the state agency after she alleged the state wasn’t keeping accurate records on home health care providers.

Jennifer Cramptom began working for DADS in January 2015.

She was fired in April 2016.

Cramptom claims information changes submitted by home health care agencies were not updated in records kept by DADS.

“Address changes, administrative changes, service area changes, hours of operation. Changes were not made,” Crampton said, claiming that the agencies could be the ones to suffer the fallout.

“They could be fined,” she said. “They could be even shut down.”

The suit alleges that the state stopped requesting resumes for management changes in September 2015.

That meant “DADS could no longer verify whether management personnel at home health agencies met the statutory requirements for their positions,” the suit reads.

“There were several of them that I caught that their RN number had expired,” Crampton said. “Or they didn't have an RN number to practice medicine in the state of Texas.”

Also in the suit, Crampton accuses the state of not properly sending out license renewal notices to home health agencies.

The suit alleges when those providers would complain to DADS, a supervisor "would falsify and backdate a renewal letter, then charge the agency a late fee."

Crampton says she took her concerns to her supervisors multiple times before she was fired.

"I wasn't getting any response. I was told to mind my business. I wasn't a manager,” she said.

Crampton wrote letters to Gov. Greg Abbott and Texas Attorney General Ken Paxton.

She is now seeking damages in an amount over $200,000 but less than $1 million. Crampton is being represented by Colin Walsh of the law firm Rob Wiley, P.C.

The suit also asks for an “injunction prohibiting all Defendants from engaging in unlawful practices.”

“Because somebody's going to get hurt. Somebody's going to get hurt,” Crampton said. “And the people of Texas deserve to have somebody look after them.”

A spokesperson for DADS confirmed the department has been served with the lawsuit, but could not comment on pending litigation. 

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