NovaCare and Cardiac Care Ambulance: Dialysis Claims and the Records Hidden at Home

Whistleblower Justice Network

Federal prosecutors charged the owner of NovaCare Ambulance Services and Cardiac Care Ambulance with an approximately $1.25 million Medicare fraud scheme involving unnecessary dialysis rides and falsified records. The criminal indictment alleged a particularly revealing response to an audit: the owner sent altered trip sheets to the reviewers and hid the original accounts of the patients’ rides in a closet at his home. For the crew member who wrote the original report, that difference is the story.

The companies operated in Philadelphia and the surrounding counties. NovaCare also used the name Novocare Ambulance. The government placed the alleged scheme between June 2008 and April 2012. Its September 2015 announcement described charges of health care fraud, obstruction of a federal audit and laundering criminal proceeds. The FBI and the Department of Health and Human Services Office of Inspector General investigated the owner’s case.

Dialysis Recruitment Made the Billing Repeat

The charging announcement alleged that the owner recruited dialysis patients who needed treatment three times per week, then billed Medicare for ambulance services those patients did not medically need. That schedule explains the business behind dialysis ambulance fraud: one recruited patient could produce a continuing series of claims tied to recurring treatment.

The appointment established where the patient needed to go. The patient’s condition established why an ambulance was needed to get there. Those are different questions, and a standing treatment schedule answers only the first.

According to the criminal indictment, the owner directed employees to transport patients who could walk or safely travel by paratransit van or another vehicle. Some patients were directed or placed onto stretchers. Others walked to and from the ambulance, with or without assistance. Prosecutors alleged that the resulting Medicare claims represented the rides as medically necessary ambulance transportation.

For a regular crew or dialysis-clinic employee, the same route creates repeated opportunities to see the patient’s actual condition. The useful comparison is between that observation on a particular ride and the claim for that ride. A recurring appointment does not turn a patient’s condition into a permanent billing fact.

Two Companies, One Person Controlling the Claims

The charging announcement described shared employees and patients across Novocare and Cardiac Care, with the same owner managing operations, finances and billing. His responsibilities allegedly reached from hiring employees and retaining patients to maintaining medical records and submitting insurance reimbursement requests.

That matters because the alleged scheme crossed the whole business. The person recruiting patients also controlled the records and the claims. A biller might see which company submitted the charge, while a crew member knew who actually transported the patient and who gave the instructions.

The indictment also described Novocare operating paratransit vans for patients who did not require an ambulance. The indictment charged that some patients actually rode in those vans, but the paperwork said they traveled by ambulance. The alleged falsehood therefore concerned both the patient’s need and the vehicle used.

We would connect the company shown on the claim to the crew, vehicle, patient record and person directing the work. Shared staff make that connection especially useful here: the evidence may follow the patient across both businesses, even when a billing screen displays only one company name.

What Is Considered Medically Necessary for an Ambulance?

An ambulance is medically necessary under Medicare’s coverage rule when the patient’s condition makes other transportation unsafe and requires the ambulance and the level of service billed. The Medicare Benefit Policy Manual explains that another method’s availability does not settle the issue. The clinical need for the ambulance does. The indictment described the crew’s trip sheet as the record of the patient’s condition at each pickup.

Medicare can cover qualifying ambulance transportation from a beneficiary’s home to the nearest dialysis facility and back. The destination explains the route. The clinical account still has to explain the ambulance.

A Certification Still Needs a Patient Behind It

An ambulance physician certification statement supports the medical-necessity account, but a signature alone does not establish it. The indictment called the physician’s order a certificate of medical necessity and explained that coverage conditions had to be met for each date of service. It placed that order alongside the contemporaneous trip sheet. The doctor’s certification and the crew’s observation serve different purposes, and the patient’s condition is what must connect them.

That is why the alleged audit response matters so much. The government’s charging announcement alleged that the owner changed both the trip records and the medical authorization forms used to support the claims. Changing the documents together could make them appear to agree while moving both away from what happened to the patient.

The Audit Asked for Records and Allegedly Got Replacements

The criminal indictment alleged that the owner created, altered and falsified records after Medicare’s auditor asked to see the support for paid claims. It described hundreds of trip sheets originally prepared by EMTs and paratransit drivers, along with numerous certificates of medical necessity, as the material rewritten for the audit.

SafeGuard Services, the Medicare program-integrity contractor, made unannounced visits to the companies’ offices in June 2011 and requested trip sheets and medical-necessity certificates for specified patients and service dates. The indictment alleged that the owner sent documents in response that July and additional documents the following April.

The alleged changes supplied the answers an auditor would need to approve an ambulance claim: that the patient medically required an ambulance and that an ambulance had actually transported the patient. The indictment charged that employees made changes at the owner’s direction and that altered records were submitted to support the companies’ Medicare billings.

Then came the allegation that makes this case more than a disagreement over a form. The indictment said the owner hid the original trip sheets in a closet at his residence to prevent auditors and investigators from discovering the fraud.

We see the absurdity: the audit meant to test the claims allegedly prompted a rewrite of the evidence. We would want the report in the closet. The audit response itself becomes part of the story of who knew what the original records said.

What Evidence Does a Whistleblower Need?

For this kind of ambulance case, the useful evidence connects the patient’s actual ride, the original report, the later changes and what Medicare received. We work with the insider to connect those pieces, including who instructed employees to change the account and when those instructions arrived.

An EMT may recognize a changed description of the patient’s mobility. A van driver may recognize a ride later described as ambulance transportation. A biller may recognize the company and service used on the claim, while an employee preparing an audit response may know which version of a trip sheet went out. Those are different views of the same alleged mismatch.

Falsified ambulance run reports also featured in the separate Hart to Heart case. The government’s complaint alleged that billing staff could reach into the clinical narrative themselves:

Management and billing personnel could access PCR narratives entered by the ambulance crew to falsify documentation when crewmembers refused to do so, including the representation that ambulatory patients were non-ambulatory.

United States ex rel. Arvey v. Hart to Heart Transportation Services, Inc., government’s complaint, paragraph 88

The comparison explains why we care about who could change a report after the crew finished it. The employee who saw the patient and the employee who prepared the claim may be looking at different accounts of the same trip. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.

The Referral Can Begin Inside the Dialysis Clinic

A separate criminal case involving Mauran shows why the referral source belongs beside the transport and billing records. In the Justice Department’s account of that case, a Los Angeles dialysis-center employee admitted conspiring with a Mauran employee to receive cash in return for referring dialysis patients.

That admission concerns the clinic’s role in supplying the patient stream. Payments for recurring ambulance business can involve someone arranging the referral as well as the people providing the rides. For a dialysis insider, knowing how a patient was steered to a supplier may explain a part of the business that the trip sheet never records.

You Know Which Version Matches the Ride

If you worked the dialysis route, handled its billing or saw records changed for an audit, tell our whistleblower experts what the original account said. We build the case with you around the patient, the claim and the decisions inside the business, bringing in ambulance fraud whistleblower lawyers who understand medical necessity and altered clinical records. We stay with you from that first conversation through the pursuit of a recovery.

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