PhlebXpress: Inflated Mileage and a New Name on the Claims

Whistleblower Justice Network

In the PhlebXpress Medicare fraud case, the owners pleaded guilty to a health care fraud conspiracy that cost Medicare at least $7.5 million through non-reimbursable services and inflated travel mileage. Taxpayer funding meant for patients’ care paid for miles the collectors never traveled. When Medicare stopped paying PhlebXpress, its owners arranged to bill through another company while PhlebXpress continued doing the work.

What the PhlebXpress Owners Admitted

The Justice Department’s January 23, 2023 announcement of the owners’ guilty pleas describes a criminal conspiracy involving services Medicare would not reimburse and miles the phlebotomists had not traveled. PhlebXpress provided phlebotomy and other medical collection services at patients’ homes and long-term care facilities in Sacramento and elsewhere.

The guilty-plea announcement describes how the owners ran the scheme from December 1, 2015, through December 1, 2020. They agreed to bill Medicare for non-reimbursable services and overstated travel. On average, they caused false mileage billing of more than 140 miles for each patient PhlebXpress saw.

A collector could know where a visit took place and what happened there, while the biller saw a claim that told a different story. The guilty-plea announcement connects those differences to the owners’ agreement to submit false bills.

Why Medicare Suspended Payment

Medicare suspended payments to PhlebXpress in November 2020 because of credible allegations of fraud, according to the Justice Department’s guilty-plea announcement. PhlebXpress continued submitting bills, but Medicare stopped paying them.

The announcement describes the owners’ response between July and December 2021. They represented that another company, Phlebotomy Solutions, had provided services that PhlebXpress’s employees and contractors actually performed from PhlebXpress’s offices. The company named to Medicare changed. The operation doing the work remained PhlebXpress.

Through Phlebotomy Solutions, the owners agreed to bill for a non-reimbursable service while describing it as a different, reimbursable service. They also overstated travel. The Justice Department gave a September 2021 example: Phlebotomy Solutions billed Medicare for 124.6 miles when the phlebotomist traveled 1.4 miles.

Medicare had stopped paying the operation, and the owners answered with a new company on the claim and the same inflated mileage.

What Mobile Collection Billing Has to Show

The distinction between collecting and carrying is central. Medicare does not pay a travel allowance when a technician only picks up a specimen somebody else drew. A blood draw, a urine pickup and a courier trip leave different records because they are different work. Calling all of them a patient visit hides the very distinction the payment depends on.

The travel allowance covers the technician’s transportation and personnel expenses in reaching the patient. A mobile service’s billing therefore depends on what happened at the visit as well as the journey to it.

In its specimen-collection and travel guidance for 2026, the Centers for Medicare & Medicaid Services ties the collection fee to a trained technician personally drawing blood or collecting urine through catheterization for a covered laboratory test. It covers homebound patients and non-hospital inpatients where qualified staff are unavailable to collect the specimen.

The same guidance separates eligible collection travel from miles driven for personal reasons, non-Medicare patients or stops where no specimen was collected. The flat-rate allowance, P9604, applies to a round trip of 20 eligible miles or less to one location. The per-mile allowance, P9603, applies to longer trips or trips to multiple locations. Both split the allowance among Medicare patients whose specimens qualify for a collection fee.

For a mobile-collection insider, the useful comparison is the service performed, the eligible route and the patients attached to it. Inflating the route changes the claim. So does changing the patient count used to divide the allowance. Those are different places where the billing can part company with the day’s work.

The Veni-Express Civil Settlement

A separate whistleblower case that named PhlebXpress was resolved through a civil settlement with Veni-Express, another California mobile phlebotomy company.

Mileage Claims Leave an Operational Trail

A whistleblower’s complaint against Elite Lab Services described an alleged software mechanism that made that relationship concrete. The whistleblower alleged that the company programmed CyberLAB to include an entire route whenever a facility on that route requested a blood draw:

The individual Defendants have programmed CyberLAB. in such a manner that if any one facility on a particular route has a blood sample requested to be drawn on a given day, the mileage for the whole route is included for the day whether the whole route Was driven or not.

United States ex rel. Malcolm v. Elite Lab Services, LLC, whistleblower complaint, paragraph 26

That allegation points to a billing-system setting an insider might recognize. If the full route enters the calculation automatically, the person entering a blood draw may never type the inflated mileage.

How Is Laboratory Fraud Detected and Deterred?

In mobile collection, fraud shows where the day’s collections and claims part company. Our whistleblower experts build that comparison with you, including what managers did when the mismatch came to light.

The Laboratory Medicine article Model Plan Helps Laboratories Fight Fraud, published in 1997, described the Inspector General’s model compliance plan that paired audits with investigation and correction of systemic problems. It also made compliance part of the evaluation of supervisors and managers.

That puts management’s response at the center of the problem. In the Justice Department’s guilty-plea announcement, PhlebXpress’s owners responded to a payment suspension by moving claims through another company. An employee who knew who directed that change could explain a decision that the mileage total alone would not reveal.

Our whistleblower experts work with people who know the collection work, the billing system or the management decisions. The order, collection record, route log, specimen handoff and paid claim can connect those different views of the same service. Billing instructions and communications can explain how a mismatch became a repeated practice. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.

You Know the Trip Behind the Bill

If you saw collection claims inflated or shifted to another company while the same people kept doing the work, tell our whistleblower experts what changed on the bills. We build the case with you and bring in laboratory fraud whistleblower lawyers who understand collection services, travel allowances and Medicare billing. We stay with you as the case moves from your knowledge of the operation to the pursuit of a recovery.

WHISTLEBLOWER JUSTICE NETWORK CAN HELP YOU
Make a difference.
Whistleblower Justice NetworkReport Fraud
100% CONFIDENTIALFREE CONSULTATION24 / 7 / 365