Sharon Rowe v. Villa Feliciana Medical Complex, through Rebecca Gee Secretary of Department of Health and Hospitals, State of Louisiana

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SHARON ROWE NO. 2020 CW 0462 VERSUS VILLA FELICIANA MEDICAL COMPLEX, THROUGH REBECCA GEE SECRETARY OF DEPARTMENT OF HEALTH AND AUGUST 03, 2020 HOSPITALS, STATE OF LOUISIANA In Re: Villa Feliciana Medical Complex, through the Louisiana Department of Health, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 683117. BEFORE : HIGGINBOTHAM, PENZATO, AND LANIER, JJ. WRIT GRANTED. The trial court’s January 22, 2020, judgment denying the defendant’s exception of no cause of action with regard to plaintiff’s amended petition is reversed. Plaintiff has not stated a cause of action under the Louisiana Whistleblower Statute, La. R.S. 23:967, given that her petition fails to cite a state law the defendant purportedly violated. see Causey v. Winn-Dixie Logistics, Inc., 2015-0813 (La. App. Ist Cir. 12/23/15), 186 So.3d 185, 188 . Plaintiff alsc fails to state a claim under the whistleblower provision of the Medical Assistance Programs Integrity Law, La. R.S. 46:440.3, given that plaintiff did not allege that the defendant fraudulently sought payment from the Medicaid program to which it was not entitled. See Mixon v. Iberia Surgical, L.L.C., 2006-878 (La. App. 3rd Cir. 4/18/07), 956 So.2d 76, 80 , writ denied, 2007-1050 (La. 6/31/07}, 962 Soa.2d 438. Further, any relief plaintiff seeks under the whistleblower provision in the Code of Governmental Ethics, La. R.S. 42:1169, shall be sought from the Board of Ethics rather than the district court. See Collins v. State ex rel. Dept. of Natural Resources, 2012-1031 (La. App. Ist Cir. 5/30/13), 118 So.3d 43, 47-48 . Additionally, plaintiff's claim seeking recovery under La. Civ. Code art. 2315 for negligent acts and injuries sustained arises from the same set of factual allegations supporting her claim for constructive discharge under the Louisiana Whistleblower Statute such that the claim is barred by the exclusive remedy provisions of the Louisiana Workers’ Compensation Act. See La. R.S. 23:1032 and Broussard v. Lafayette City-Parish Consolidated Government, 45 F.Supp.3d 553 (W.D. La. 2014). Moreover, we note that plaintiff has already been afforded the opportunity to amend her petition in accord with La. Code Civ. P. art. 934, In light of the foregoing, we sustain the exception raising the objection of no cause of action filed by the defendant, Villa Feliciana Medical Complex, through the Louisiana Department of Health, and dismiss plaintiff's claims against defendant. WIL COURT OF APPEAL, FIRST CIRCUIT anil MH Cf \ DEPUTY CLERK OF COURT FOR THE COURT