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In the Medstar Ambulance fraud settlement, the company, four subsidiaries and two owners agreed to pay $12.7 million to resolve allegations of medically unnecessary transports and billing for higher service levels than patients needed or received. A former billing employee brought the case. Her complaint described corrections undone, scheduled trips billed as emergencies and chair-van rides turned into ambulance runs on paper. For someone who knows what happened between the run report and the bill, that is the heart of this case.
The Justice Department announced the settlement on January 13, 2017. Its allegations covered January 1, 2011 through October 31, 2014. Medstar served municipalities, hospitals and skilled nursing facilities in central and western Massachusetts. According to the Massachusetts U.S. Attorney’s account, the alleged pattern followed Medstar’s decision to bring ambulance billing in house around 2011.
Medicare’s medical-necessity test asks whether the patient’s condition makes other transportation unsafe. The condition must support both the ambulance ride and the level of service billed. Those are separate questions, and the Medstar settlement concerned both.
The government’s allegations described three mismatches: rides that did not require an ambulance, care billed at a higher level than the patient needed, and care billed at a higher level than the company actually furnished. The Medicare Benefit Policy Manual makes the patient’s condition at transport central to that comparison. An emergency label does not establish necessity by itself.
The vehicle does not settle the billing question either. Under the Medicare Claims Processing Manual, payment follows the medically necessary service actually furnished. Advanced life support can include a qualifying advanced life support assessment as well as an intervention.
Yes, Medicare covers qualifying non-emergency ambulance transportation when the patient’s condition requires it and the applicable coverage requirements are met. In the Medstar complaint, the billing employee alleged that the company’s records showed patients taking routine trips without a medical need for an ambulance.
Her examples included repeated trips to dialysis. She described patient care reports recording that patients could walk and did not require a stretcher, alongside claims for ambulance transportation. The allegation concerned the need for the ride. The recurring treatment supplied repeated occasions to bill it.
The physician certification statement also has to be read beside the patient’s condition. As the Medicare manual explains, a physician’s order does not by itself establish medical necessity. A signed form and the crew’s account answer different parts of the billing question.
The whistleblower was a former employee in Medstar’s billing office. In her qui tam complaint, she described posting payments, examining denials and trying to correct claims. That position let her compare what the transport records said with how the company billed and what the payer paid.
The complaint alleged that Medstar bypassed hospital contracts by billing Medicare Part B directly for certain inpatient transports that should have been billed to the hospitals. The employee put the competing payments side by side: a $300 hospital contract payment against approximately $1,200 from Medicare. She also alleged that direct Medicare billing added mileage payments the hospital contract would not have paid.
Those figures explain the alleged incentive without any mystery about the clinical care. Changing the payer changed the money. The employee said she tried to correct the hospital billing, but the corrections did not survive:
Each time, her changes were altered so that the bills would issue to Medicare B.
United States ex rel. Meehan v. Medstar Ambulance, Inc., whistleblower complaint, paragraph 41
We look closely at that second decision. The correction and its reversal tell a story the final bill alone cannot.
The employee also alleged that scheduled transports became emergency claims even though the run sheets recorded no emergency or unusual event. According to her complaint, the coding took place electronically, and her attempts to restore the correct billing were undone.
This is where the run report and the billed account of the trip matter together. The crew’s account described the transport. The employee alleged that the billing system assigned it a more expensive identity afterward.
The complaint described a facility requesting a wheelchair-accessible van and a supervisor discussing a medical-necessity signature. It then alleged something more basic than a disputed service level:
From then on, The Plaintiff-Relator noticed that the chair-van transports were frequently changed to ambulance runs on paper, even though the transports were actually done by chair-van.
United States ex rel. Meehan v. Medstar Ambulance, Inc., whistleblower complaint, paragraph 45
A different vehicle, on paper. We see the absurdity in asking the paperwork to supply an ambulance that the whistleblower said never made the trip.
The complaint also described municipal ambulance crews calling Medstar for advanced life support assistance during a transport. The employee alleged that Medstar should have billed the municipality under its contract, but instead billed the patient’s insurer or Medicare for the full transport.
When municipal billers asked for the run sheets needed to submit their own bills, the complaint alleged that Medstar withheld them. It described a billing manager throwing away faxed requests and a supervisor telling the employee that the run sheets were not returned. The employee further alleged that corrections identifying a trip as municipal assistance were changed back to show Medstar as the transporting service.
The alleged billing decision reached beyond Medstar’s office. Another ambulance service needed the same trip record to account for its work.
The settlement covered Medstar Ambulance, Medstar EMS, MetroWest Emergency Medical Services, Fitchburg Emergency Medical Services and Pioneer Valley EMS, together with Medstar’s two owners. The complaint described the companies’ billing as handled by Medstar Ambulance’s personnel in Worcester. That shared billing office connects the company names to the employee’s account.
The complaint identified one owner as Medstar Ambulance’s president and as president of the other named companies. The Justice Department included him in the shared settlement. The complaint also alleged that patients who had paid amounts already covered by secondary insurance had to ask for their money back, and quoted a supervisor describing that owner’s role:
The insurance company may recoup overpaid amounts but the patients do not, unless they or a family member call Medstar and even then, they must go through [the company president].
The alleged policy put the burden of recovering a duplicate payment on the patient or family. The billing office, according to the complaint, already had both payments.
The complaint identified the other owner as Medstar Ambulance’s secretary and the president’s brother. The Justice Department included him in the same resolution of the unnecessary-transport and inflated-service allegations.
The government declined to join, and the whistleblower carried the case forward. The Justice Department credited the settlement to coordinated work by its Civil Division, the U.S. Attorney’s Office for Massachusetts, the FBI and the Department of Health and Human Services’ audit and inspector general offices. It announced that the whistleblower would receive approximately $3.5 million.
A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. Here, the employee’s account connected the transport records, the payer, the payments and the decisions to undo corrections. That is a concrete view of how health care billing becomes a whistleblower case.
A corporate integrity agreement sets obligations between a healthcare provider and the Department of Health and Human Services’ Office of Inspector General to improve compliance and prevent fraud. Medstar agreed to one as part of its settlement.
The Office of Inspector General’s explanation describes independent reviews and reports on compliance activities among the controls such agreements use. The Massachusetts U.S. Attorney reported that Medstar revamped its billing software and trained billing employees after learning of the investigation.
Medstar later reached separate settlements over skilled nursing facility billing and MassHealth payments. One concerned allegations that transportation billed to Medicare Part B was already covered by a skilled nursing facility’s consolidated payment.
On December 7, 2021, Medstar entered a separate $638,504 settlement with the Office of Inspector General. OIG alleged that Medstar billed Medicare Part B for trips to and from skilled nursing facilities even though the transportation was already covered by the facilities’ consolidated payment under Medicare Part A. The issue was who had already been paid for the transportation.
The Massachusetts Attorney General announced a separate $2.6 million Medstar settlement for MassHealth on August 1, 2023. This was a state Medicaid resolution with Medstar.
For an insider, the payer is part of the story. The hospital contract, the municipal contract, Medicare and MassHealth appear in different parts of Medstar’s billing history. What was billed, who owed it and what had already been paid are questions we examine with the person who knows the transactions.
In the separate Williston Rescue Squad case, the government alleged unnecessary routine transports and fabricated documents intended to make the rides appear to meet Medicare requirements. In the First Call Ambulance Service settlement, the government alleged advanced life support billing when only basic life support was needed or actually furnished.
The recurring comparison is the patient and service against the claim. Medstar’s complaint adds the view from inside billing: what happened when an employee tried to make those accounts agree, and the company allegedly changed them back.
If you saw corrections reversed, ordinary rides upgraded or a payer changed to increase reimbursement, talk with our whistleblower experts about what happened inside billing. We work beside you to build the case and bring in ambulance fraud whistleblower lawyers who understand transport records, medical necessity and payer contracts. Bring us the billing changes you saw, and let us help you pursue your strongest ambulance fraud whistleblower case.