Contents
In the Rural Metro Florida settlement, Rural/Metro Corporation agreed to pay $650,000 to resolve allegations of billing Medicare for unnecessary ambulance transports and improperly documenting the reasons for those trips. The case reaches the point where the crew’s account becomes a claim for payment: what the patient needed, what the paperwork said, and what Medicare was asked to cover. For someone who worked on the ambulance or handled its billing, those are different views of the same ride.
The U.S. Attorney’s Office for the Middle District of Florida announced the settlement on March 24, 2021. The Department of Health and Human Services Office of Inspector General assisted the investigation.
The government challenged Rural/Metro’s Medicare claims for basic life support, non-emergency ambulance services performed in the Middle District of Florida from January 1, 2010, through December 31, 2016. The allegations concerned both the medical need for the rides and the documentation of the reasons for them.
According to the Justice Department’s announcement, the United States contended that the transports lacked medical necessity because the patients either did not qualify for the services or did not require ambulance transport. The government said those services were therefore not reimbursable by Medicare.
A patient can need treatment and still be able to reach it without an ambulance. We see the absurdity in billing Medicare for an ambulance the patient does not need. Taxpayers are paying for medical transportation, not just a way to get to an appointment.
The government separately alleged that Rural/Metro improperly documented the reasons for the transports. That part concerns the account supporting the bill: how the patient’s circumstances became a recorded reason for ambulance service.
A crew member may know what the patient could do when the ambulance arrived. A biller may know what reason appeared in the claim file. We examine the connection between those accounts, the service provided and the payment requested.
Yes. Medicare covers qualifying non-emergency ambulance transportation when the patient’s condition requires it and the applicable coverage requirements are met. Under the Medicare ambulance coverage rule, the patient’s condition must require both the ambulance transportation and the level of service provided.
Basic life support is a ground ambulance service that includes medically necessary supplies and services. The ambulance must have at least two staff members meeting the applicable state and local requirements, including at least one certified emergency medical technician. That describes the service and staffing. Medical necessity still turns on the patient.
For Medicare, an ambulance is medically necessary when the patient’s condition makes other means of transportation unsafe. The condition at the time of the trip controls the assessment.
The Medicare Benefit Policy Manual makes a distinction anyone arranging transport will recognize: if another means of transportation could be used without endangering the patient, Medicare does not pay for the ambulance, whether or not that other transportation is actually available. A shortage of wheelchair vans cannot supply a medical reason for an ambulance.
This is also central to dialysis ambulance fraud. The patient’s need for recurring treatment and the patient’s need for ambulance transportation are separate questions. The evidence has to describe the condition on the trip being billed, even when the destination and appointment repeat.
The patient care report carries the crew’s account of the transport into the billing process. The account needs to explain the patient’s condition, why other transportation was unsuitable and why the recorded level of service was necessary.
HHS-OIG’s 2003 Compliance Program Guidance for Ambulance Suppliers identified those details alongside dispatch instructions, who ordered the trip, timing, mileage and services provided. It also told ambulance personnel not to fill gaps or contradictions in medical documents with assumptions. For us, that makes the handoff between the crew and billing especially important: the clinical account should explain the charge, rather than be rewritten to accommodate it.
A physician certification statement is a signed and dated statement from the patient’s attending physician certifying medical necessity. Ambulance physician certification forms support certain non-emergency claims, but a signature alone does not demonstrate that the patient needed an ambulance.
The certification and the crew’s report serve different purposes. One certifies the medical need. The other records the transport. Medicare’s rule allows the certification and additional medical records to support necessity together. We look at what those documents say about the same patient and the same ride, and whether the bill follows that account.
A separate case against Hart to Heart Transportation Services shows why changes to ambulance run reports matter. A former employee brought the case, and the government joined it. The government’s complaint alleged that management and billing personnel could change the crew’s narrative when crew members refused to do so:
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.
A different patient, on paper. We want to know who changed the description, what they changed and whose observations it displaced. Those are concrete questions for someone who saw the reporting and billing process from inside it.
In its May 4, 2015 announcement, the Justice Department identified Pacific Ambulance and Bowers Companies among the settling defendants. It alleged that the settling companies offered hospitals and skilled nursing facilities deeply discounted ambulance services in exchange for exclusive access to more lucrative Medicare referrals.
The department expressly placed Rural/Metro’s acquisition of Pacific and Bowers after the alleged misconduct. The California allegations concerned the price offered to facilities and the referrals received in return. The Florida settlement concerned whether patients qualified for ambulance service and how the reasons for the trips were documented.
For ambulance necessity and documentation allegations, we help you connect the patient’s condition and the account of the transport to the Medicare claim. What the crew observed and what the biller was told can explain how a ride became a claim for payment.
An EMT may know why a description does not match the patient. A billing employee may know who requested a revision or which account supported the bill. We work with that specific knowledge to build the healthcare fraud case around the decisions behind the claims. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
If you work on an ambulance crew or handle its billing and see a gap between the patient and the explanation on paper, speak with our whistleblower experts. We work beside you to build your strongest ambulance fraud whistleblower case and bring in ambulance fraud whistleblower lawyers who understand medical necessity and transport documentation. From the first conversation through the pursuit of a recovery, you have us in your corner.