Ambulance Patient Kickbacks: Cash, Benefits and Recurring Rides

Whistleblower Justice Network

Ambulance patient kickbacks are cash or benefits paid to patients to secure their ambulance business or recruit other patients. In the Philadelphia cases, prosecutors described payments for choosing a supplier and for allowing the company to bill for rides never provided. A recurring dialysis appointment gives that bargain somewhere to repeat. If you work in dispatch, on a crew, in a dialysis clinic or in billing, you may know who arranged the benefit while someone else prepares the claim. The connection between those decisions is where the scheme comes into view.

What the Philadelphia Patient Case Shows

The Brotherly Love Ambulance health care fraud indictment charged four Medicare beneficiaries with receiving kickbacks to ride with the company or recruit other beneficiaries. The Justice Department’s account of the indictment described cash, checks and valuable items. Prosecutors also charged that the arrangement included allowing Brotherly Love to bill for ambulance services never provided.

Two of those beneficiaries later pleaded guilty. The charged patient-side conduct covered both choosing the ambulance company and helping it obtain more business, including recruiting other patients.

That last part matters to an insider. The referral trail can run through a passenger who brings in another passenger. It can also reach a claim with no ride behind it. We call that paying the patient to be billed for. Taxpayers pick up the tab. The supposed customer becomes part of the company’s recruitment operation.

A Car Ride Became an Ambulance Run on Paper

A Brotherly Love driver admitted in his guilty plea that he transported patients in his personal vehicle and a company minivan, then completed ambulance run sheets. Those vehicles lacked the lifesaving equipment found in an ambulance. The sheets misstated the patients’ medical conditions and the care provided to make the trips appear to have been ambulance transports.

The driver also admitted completing false run sheets at VIP Ambulance after Brotherly Love ceased operating. The company name changed. The false paperwork continued.

For the crew member or biller, this is the connection between recruitment and reimbursement. A payment can secure the passenger, while the run sheet supplies the account of the trip that billing uses. In the driver’s admission, even the kind of vehicle changed between the actual journey and the written record.

Why Dialysis Makes the Arrangement Repeat

When an ambulance pays a dialysis patient to use its transport service, the commercial attraction is recurring business. Dialysis can require repeated trips to the same facility, with transportation both to and from treatment. A recruitment arrangement can therefore reach beyond the first pickup into a continuing series of claims.

In a separate criminal case, the Justice Department charged an ambulance-company owner with recruiting and transporting dialysis patients who needed treatment three times per week. Prosecutors said that schedule allowed extensive Medicare billing for ambulance services the patients did not medically need.

The recurring appointment makes the route predictable. Medical necessity still concerns the patient on the trip being billed. Someone arranging rides can know why the patient uses a particular company. Someone on the crew can know whether the written account matches the patient’s condition.

What Is Considered Medically Necessary for an Ambulance?

Medicare ambulance coverage requires a patient’s condition to make other transportation medically unsuitable. The condition must support both the ambulance ride and the level of service billed. The ambulance coverage regulation puts the patient’s condition at the center of that decision.

For regular nonemergency trips, a doctor has to certify the need in advance. The signature alone does not make an unneeded ambulance ride necessary. The patient’s medical record and the account of the actual transport still matter.

A dialysis appointment establishes why the patient needs to reach the clinic. The transport documentation has to show why the patient needs an ambulance to get there. The difference matters when a supplier has already recruited the patient and expects the rides to continue.

The Dialysis Clinic Employee Who Received the Cash

The Justice Department’s account of the Mauran Ambulance criminal case describes a dialysis clinic employee paid cash for ambulance referrals. A Los Angeles dialysis-treatment-center employee admitted conspiring with a Mauran employee to receive cash in return for referring dialysis patients to the ambulance company.

Here, the clinic employee received the benefit and controlled the referral. The patient supplied the transport business. That payment trail leads to a different person from the patient-recipient arrangement alleged at Brotherly Love.

The Justice Department’s account of the Mauran criminal admissions also describes instructions to emergency medical technicians to conceal patients’ true medical conditions. An ambulance-company employee admitted that he and others instructed crews to alter paperwork and invent reasons to justify the ambulance services.

The referral and the false medical account worked at different points in the operation. A clinic employee knew where the patients were being sent. Crews encountered instructions about what to put in the paperwork. An insider who sees either side can help explain how the business was obtained and how it became a claim.

What Evidence Is Needed to Report Fraud?

Useful evidence connects the benefit, the referral, the actual trip and the claim. Those pieces often sit in different hands, from dispatch to healthcare billing. Connecting them is what we do with you.

The benefit’s recipient matters as much as its form. Cash to a patient, cash to a clinic employee and a discount to a facility describe different arrangements. The connection we examine is who could direct the business and what they received for doing so.

The run report supplies details a recruitment list cannot: the patient’s condition, the reason another mode of transportation was unsuitable, the service provided, the pickup and destination, and the times of dispatch and arrival. The Office of Inspector General at the Department of Health and Human Services identified those details in its ambulance compliance guidance and warned against filling gaps through assumptions.

The original account and a later revision can be especially revealing. A separate documentation case against First Call Ambulance Service shows why. Its whistleblower alleged that quality-assurance staff changed run reports to match medical-necessity certificates:

Similarly, any time a run report contains information that contradicts a CMN, the Quality Assurance department will return the run report to the EMT or, in some instances, simply alter it themselves, so that it matches the CMN. This occurs even on occasions where the CMN is plainly incorrect.

United States of America v. First Call Ambulance Service, LLC, whistleblower complaint, paragraph 43

In that allegation, the certificate became the answer the crew’s report had to fit. For a patient-recruitment inquiry, the same documentary question matters: whether the account of medical need came from the patient’s condition or from instructions to make the ride billable. We connect what you saw to the referral and billing decisions around it.

When the Same Patient Appears Across Suppliers

The Inspector General examined another clue in its September 2015 ambulance billing report: beneficiaries receiving dialysis-related transports from unusually many suppliers. The report identified possible sharing of patients or identification numbers, or patients moving among suppliers to receive kickbacks.

The Inspector General also compared ambulance claims with Medicare services at the reported origins and destinations. Missing corresponding services could point to trips never provided or trips to noncovered destinations. For someone working with dialysis appointments, the treatment record supplies a separate account from the ambulance company’s run sheet.

The patient list, the supplier named on the claim and the person who arranged the ride can each explain part of the pattern. A dispatcher who knows why a patient changed companies can add something the claim data cannot explain by itself.

Discounts and Copayment Waivers

An ambulance inducement can take the form of a benefit rather than a cash payment. The recipient and the business sought in return still define the arrangement.

In facility swapping, the discount goes to the hospital or nursing facility. Pacific Ambulance, Bowers Companies, Care Ambulance Service, Balboa Ambulance Service and E.R. Ambulance paid more than $11.5 million to resolve kickback allegations.

The Justice Department alleged that these suppliers offered deeply discounted, often below-cost services in exchange for exclusive access to more lucrative Medicare referrals. The government alleged that Medicare Part B claims effectively subsidized those discounted trips. The discount saved the facility money while taxpayers picked up the alleged subsidy.

A promise to erase the patient’s share of the bill can also buy loyalty. The Inspector General’s 2003 ambulance guidance warned about routine copayment waivers and subscription or membership programs that could disguise those waivers.

We examine the actual benefit and the referral relationship with you. The commercial label on an arrangement cannot tell the whole story of who got paid and why the rides followed.

A Whistleblower’s Place in the Payment Trail

A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. In ambulance cases, people in billing, on crews and at receiving facilities have brought information from different points in the transport business. Your knowledge may begin with the payment offer, the referral or the changed run report. We work with you to connect that knowledge to the claims it explains.

You Know Why the Rides Kept Coming

If you know who offered the cash, arranged the referrals or changed the run reports, speak with our whistleblower experts about the ambulance business those decisions bought. We build the case with you around the recruitment, the medical records and the Medicare claims, and bring in ambulance fraud whistleblower lawyers who understand recurring dialysis transport. We stay beside you as your partners through the case.

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