ProMed Ambulance: Ordering EMTs to Hide the Patient’s Condition

Whistleblower Justice Network

The ProMed ambulance fraud case involved a Los Angeles ambulance operator and managers who billed Medicare for unnecessary transportation and instructed EMTs to conceal patients’ true conditions. A federal jury convicted the owner/operator, billing manager and EMT supervisor, according to the Justice Department’s account of the criminal trial. For someone who worked those rides or handled the billing, the instruction is the telling part: the people who saw the patient were told to produce paperwork that justified the ambulance.

The business was ProMed Medical Transportation, which provided non-emergency ambulance services to Medicare beneficiaries in the greater Los Angeles area. Many were dialysis patients. The connection to dialysis transport matters because the treatment schedule brings the patient, crew and billing office together repeatedly.

How ProMed Made the Paperwork Support the Bill

The trial evidence showed that ProMed’s owner and managers conspired to bill Medicare for medically unnecessary transportation between May 2008 and October 2010. The Justice Department described instructions to EMTs to alter paperwork and create fraudulent documents concealing patients’ actual medical conditions. Those documents supplied the justification for services the patients did not need.

We see the betrayal in that instruction. The crew’s knowledge of the patient became something to hide from the program paying for the ride. The paperwork was supposed to explain the need for an ambulance. Instead, the defendants directed crews to manufacture that explanation.

That is why false patient care reports matter beyond the words on a form. The report connects what happened during the transport to the reason the company gives for payment. An instruction to change the patient’s condition on paper connects the false description to a management decision.

The Owner, Billing Manager and EMT Supervisor

On August 18, 2015, the Los Angeles federal jury convicted all three of conspiracy to commit health care fraud and health care fraud. The FBI and HHS Office of Inspector General investigated. The Justice Department’s Criminal Division Fraud Section prosecuted the case.

The Owner and Operator

For an insider describing a similar instruction, who directed the work matters as much as whose name appeared on the final report. The trial evidence connected the owner and managers to instructions to conceal patients’ conditions in the paperwork.

The Billing Manager

The billing office and the crew see different parts of the same claim. In examining a similar case, we connect the description used to justify payment with the original clinical account and the instruction that changed it.

The EMT Supervisor

The other manager supervised ProMed’s EMTs. The trial account described the defendants collectively instructing those EMTs to conceal patients’ conditions. A crew member may know how that instruction reached the field: who gave it, what the report originally said and what the employee was expected to change. Those are concrete facts about how the billing story was made.

What ProMed Billed and What Medicare Paid

The Justice Department’s August 18, 2015 verdict announcement described at least $2.4 million in false claims. Its December 7, 2015 account described at least $1.5 million submitted for medically unnecessary transportation.

The December account reported that Medicare paid at least $804,755 on those claims. We see the absurdity: the people closest to the patient were told to hide what they knew, and Medicare paid for the story that replaced it.

What Is Considered Medically Necessary for an Ambulance?

An ambulance is medically necessary when the patient’s condition makes other transportation unsafe. The Medicare Benefit Policy Manual asks whether the patient could travel safely another way, even if that other ride was unavailable.

This explains why the patient’s actual condition mattered in ProMed’s case. The medical justification for an ambulance concerns how the patient can safely get there. The crew sees that condition during the encounter. A recurring appointment does not answer the question for every ride.

Bed confinement is one part of the assessment. The manual’s criteria concern whether the patient can get out of bed without assistance, walk, or sit in a chair or wheelchair.

The same distinction applies to physician certification statements. The manual says a physician’s order alone does not establish medical necessity. We compare the certification with the patient’s condition and the crew’s account of the particular transport.

For a regular dialysis route, repetition gives that comparison practical weight. A crew member or clinic employee may see the patient on successive visits, while a biller sees the descriptions supporting successive claims. Their knowledge can show how a recurring transport arrangement became a recurring false account of medical need.

What Is an Example of Improper Documentation on a Patient Care Report?

Recording a staged bedside encounter while leaving out that the patient was standing or walking is a concrete example. In a separate civil case, the government’s complaint against Hart to Heart Transportation Services alleged that crews were directed to create exactly that misleading account:

Hart to Heart’s policies required crewmembers to leave the room upon seeing a patient sitting, standing, or walking. Crewmembers were then required to ask facility staff to situate the patients so that they were lying in bed. After that, crewmembers would return to the room to “find” the patient lying in bed. Hart to Heart expected crewmembers to include only this second “finding” in their PCRs.

United States ex rel. Arvey v. Hart to Heart Transportation Services, Inc., government complaint, paragraph 68, allegation

The allegation turns on what the crew was allowed to record. The patient’s earlier movement vanished from the account, leaving only the bedside scene that the company allegedly required employees to arrange. A second entrance into the room supplied a different patient story. Convenient.

ProMed’s criminal trial account describes the same central problem at a broader level: instructions to conceal true conditions through altered paperwork and fraudulent documents. A person who remembers the encounter before the rewrite holds a different view from the one presented for payment.

What Evidence Does a Whistleblower Need?

We connect the patient’s condition, the false supporting records and the claim for payment. We work with your firsthand knowledge of what the crew observed, what management instructed, what changed in the paperwork and what the company billed.

The person at the bedside and the person in the billing office may hold different parts of that account. An EMT may recognize the false description. A billing employee may know which version supported the claim. A facility employee may know the patient’s condition and the information supplied for the transport. Our work is to make those facts tell the full story of the claim.

A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. We bring the transport and billing evidence together with you to build your strongest healthcare fraud whistleblower case.

You Saw the Patient Before the Rewrite

If you were told to conceal a patient’s condition or bill from a report you knew was false, speak to one of our Whistleblower Experts about the rewrite and the claim. We build the case around what you know, bring in ambulance fraud whistleblower lawyers and stay beside you through the case.

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