Mobile Care EMS & Transport, Inc. (“Mobile Care”), a Sylvania, Ohio-based provider of emergency and non-emergency medical transportation services, has agreed to pay $475,000.00 to the federal government to settle a qui tam lawsuit filed by three whistleblowers represented by Helmer Martins Tate & Garrett Co., LPA. The settlement resolves allegations that Mobile Care overbilled Medicare and Medicaid for ambulance transport services that were not medically necessary.
These allegations were brought to the attention of the U.S. Department of Justice by three former employees of Mobile Care. The government intervened in the claims. The settlement amount was based on Mobile Care’s ability to pay, and Mobile Care is now out of business.
Under the False Claims Act, those with knowledge of fraud being committed against the government can be entitled to a portion of the recovery for reporting fraud. The government awarded the whistleblowers 22% of the settlement amount.
In the same case, the relators pursued non-intervened qui tam claims on behalf the United States against Modivcare Solutions LLC (“Modivcare”), the largest broker of non-emergency medical transportation in the country. Modivcare agreed to settle the claims against it for $3,750,00.00.
“This settlement sends a clear message to companies doing business with the government: bill properly or face the consequences,” said B. Nathaniel Garrett. “The false claims in this case were based on Mobile Care billing Medicare and Medicaid for more costly transportation services using stretchers when patients were ambulatory and had no need for stretcher transports. Our clients filed a lawsuit to stop this fraud, and they were successful. Mobile Care is no longer in business.”
“Speaking up when you are concerned that your current employer is defrauding the government takes guts. Our clients did just that, at great risk to their jobs, because they believed it was right. We commend their courage and their efforts to ensure that the public funds we invest in our healthcare system are well-spent,” said James A. Tate.
Although the qui tam claims against Modivcare and Mobile Care have been resolved, HMTG is continuing to pursue a retaliation claim on behalf of one of the whistleblowers against Mobile Care. Trial on the retaliation claim is scheduled for December 2023.
The whistleblowers and their counsel wish to extend a special thanks to Assistant United States Attorneys Andrew Malek and Linda Mindrutiu from the Southern District of Ohio for their collaboration and assistance in resolving this matter.
About Helmer Martins Tate & Garrett Co., LPA
Helmer Martins Tate & Garrett Co., LPA has prosecuted False Claims Act cases on behalf of whistleblowers longer than any law firm in America. Since 1984, we have lectured, authored treatises, written articles, litigated, and lobbied for the rights of whistleblowers who come forward to protect the public treasury. Our cases have been featured in the Wall Street Journal, the New York Times, and on the television show, 60 Minutes. Our lawyers are repeatedly recognized by organizations such as Best Lawyers in America, the National Law Journal, Super Lawyers, US News and World Report, and Taxpayers Against Fraud. HMTG’s lawyers have represented clients in three False Claims Act cases in front of the United States Supreme Court over the last 15 years. Collectively, our False Claims Act cases have recovered more than $1 billion.
We pride ourselves on litigating some of the toughest and most complex cases in the country—especially those under the Federal False Claims Act. Under the False Claims Act, those with knowledge of fraud being committed against the government can be entitled to a financial reward of between 15% to 25% of any recovery when the government intervenes in the action.
To report healthcare fraud, please contact us for a free, confidential consultation.