BY JEFF CHUDZINSKINorth Country This Week

CANTON -- A self-proclaimed whistleblower whose employment was terminated by Citizen Advocates for alleged HIPAA violations is now suing the non-profit organization for wrongful termination.

According to court documents obtained by North Country This Week, Brandi Lamay is taking legal action against Citizen Advocates, her employer from October 2021 through Nov. 10, 2023 for firing her for accessing patients' charts. In the filing, she says the termination was actually retaliatory after she raised concerns regarding improper activities by employees of the organization.

In the complaint, Lamay alleges in her role as an addiction counselor and Licensed Practical Nurse (LPN), she saw multiple patients who claimed therapy sessions listed on charts were never conducted.

The first complaint occurred around April or May 2022, when one patient said they had not gone through Credentialed Alcoholism and Substance Abuse Counselors therapy sessions "in several months."

Lamay alleges over the following months she spoke to several other patients, whom she was directly involved in the care of, with each stating they too had not received treatments listed on their respective medical charts.

She also claims the patients' medical records were not "accurately documenting decisions made by patients concerning treatment options."

Lamay said "many patients" complained they were not regularly receiving therapy or counseling sessions at the frequency their charts claimed, with some charts also "indicating in correction decisions that have been made by the respective patients concerning treatment options. In some cases, allegedly falsified charts showed a patient turned down inpatient rehab when they, court documents state.

According to court documents, Lamay took the growing number of concerns to Clinic Manager Cynthia Mosher on or around Oct. 16, 2023 to detail the "numerous discrepancies she had discovered between what patients were telling her about their treatments and experiences, and what their respective medical records claimed about the treatments they were supposedly receiving."

Mosher then directed Lamay to bring the issue to the Human Resources Department, court documents state.

Lamay claims she contacted HR representative Bernadette Moore about the complaints on Oct. 23, 2023, not receiving a response.

Documents state on Oct. 24 Lamay spoke with Mosher again to follow up about her report to HR, to which Mosher allegedly said HR and upper management opted to "just re-train them" when referring to the counselors who made the entries at issue.

Lamay claims that based on the lack of response by HR and brief interaction with Mosher that no investigation would occur and no corrections would be made in good faith.

That in turn led Lamay to report her findings to the New York State Justice Center for the Protection of People with Special Needs, filing a report on Oct. 25, 2023 to raise concerns about Citizen Advocates practices, according to documents.

But that report to the Justice Center led to Citizen Advocates to "look for grounds to terminate" Lamay, the claim states.

Around the time of the report, Lamay said she received a text message from the Nursing team lead and her direct supervisor, Brittany Shorrette, informing Lamay that leadership with Citizen Advocates were "asking me to review your attendance and list of any call outs, late arrivals, etc" to establish ground for discipline and/or termination.

On or around Nov. 10, 2023, roughly two weeks after submitting complaints, Lamay was issued a "written warning" from Citizen Advocates, citing attendance and performance concerns, documents state.

Court documents state the warning, which was received Nov. 10, 2023, was backdated to August 22, 2023.

On Nov. 22, 2023 Lamay received a text message from Director of Nursing Jessica Foster, advising her "to not report to work for her 7 a.m. shift, but to instead come in at 9 a.m.," documents state. It was at this time Lamay knew her employment would be terminated, she claims.

During a telephone call with Jamie Tavineur, the Director of Nursing, Lamay was informed she was being terminated for HIPAA violations, documents state.

According to the complaint, Lamay was informed she "went in the charts...above and beyond in the charts" when referring to patients' medical records Lamay reviewed in connection with bringing the internal and external complaints.

A written notice of termination was received Nov. 22, 2023, citing "a second HIPPA violation" but not further grounds for termination, according to the complaint.

Following the termination notice, Lamay said a complaint was filed against her by Citizen Advocates for "professional misconduct with the New York State Education Department," for which she received written notice from NYSED dated Feb. 27, 2024, advising her that it was investigating claims against her of professional misconduct.

Lamay alleges the complaint filed with NYSED was "based on its allegations that Plaintiff (Lamay) had committed HIPAA violations by reviewing patients' medical charts" in connection with the internal and external complaints files.

On May 1, 2024, NYSED informed Lamay she was cleared of any wrongdoing following their investigation and that the file was to be closed on the matter, according to the complaint.

Lamay alleges it was upon information and belief that Citizen Advocates did not file a report with any other state or federal agency, such as the U.S. Department of Health and Human Services or the Office of Civil Rights regarding the alleged HIPAA violations.

She also claims she did not commit any HIPAA violations in connection with reviewing her patients' medical charts and filing the complaints associated.

Due to this, Lamay alleges misconduct and false pre textual reasons to establish grounds for termination, according to the complaint.

Lamay alleges the actions of Citizen Advocates are in direct retaliation for her actions in filing the complaints, a direct violation of New York State Labor laws and whistleblower protections.

As part of her complaint, Lamay is seeking a payment for all recoverable damages, including an injunction to "restrain continued violations" of multiple sections of state law, along with all available front pay, compensation for lost wages, benefits and other remuneration, payment of reasonable costs, disbursements and attorney's fees, along with "payment of a civil penalty in an amount not to exceed $10,000 and/or all available punitive damages, if the violation is willful, malicious or wanton."

In February 2025 St. Lawrence County officials selected Citizen Advocates to replace Reachout for comprehensive crisis intervention and response services for the county

Reachout, a Potsdam based firm that served the North Country since 1977, officially shuttered on Dec. 31, 2024 citing a lack of funding.

The organization has offered emergency mental health counseling to those in need with both paid staff and volunteers managing the phone hotlines.

In their place, Citizen Advocates were approved to receive $150,000 in Opioid Settlement Funds to cover start-up costs in the county.

The comprehensive service plan will include a 24/7 mobile crisis response service where licensed and certified staff able to practice in New York State will provide intervention services.

Along with the crisis hotline, Citizen Advocates will also have an electronic health record and the ability to bill Medicaid Managed Care for both telephonic and mobile responses, an appropriate level of crisis follow-up services, and provide the current community provider, if indicated, documentation of the crisis contact the following day, officials said.

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