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United States District Court for the Eastern District of Texas, Sherman Division
January 30, 2018, Decided; January 30, 2018, Filed
Civil Action No. 4:14-CV-00203
MEMORANDUM OPINION AND ORDER
Pending before the Court is Paramedics Plus, LLC's ("Paramedics Plus") Motion to Compel the United States of America ("the Government") to Comply with Discovery (Dkt. #131). The Court, having considered the motions and the relevant [*3] pleadings, finds that the motion to compel should be granted in part.
Emergency Medical Services Authority ("EMSA") owns ambulances but does not employ drivers, emergency medical technicians, paramedics, or other personnel that perform health care services. EMSA contracts with private companies to provide these services. EMSA contracted with Paramedics Plus to provide ambulance services and as part of the agreement would pay EMSA any profits over twelve percent ("profit cap").1 This profit cap was allegedly not disclosed to EMSA's board of directors and the profit cap was not reduced to writing. To receive Medicare and Medicaid payments, EMSA certified compliance with the Anti-Kickback Statute ("AKS"). The Government maintains that the profit cap was in violation of the AKS, and by falsely certifying compliance with the AKS, Defendants in this case2 violated the False Claims Act ("FCA").
On April 4, 2014, relator Stephen Dean filed a complaint against Paramedics Plus, EMSA, East Texas Medical Center Regional Healthcare System, Inc., Pinellas County Emergency Medical Services Authority ("Pinellas County") and County of Alameda, California ("Alameda County") (Dkt. #1) alleging, [*4] among other things, a violation of the FCA. On January 6, 2017, the Government partially intervened removing Pinellas County and Alameda County as defendants (Dkt. #25). The Government filed its Complaint in Partial Intervention on January 23, 2017 (Dkt. #28).
As part of the litigation and discovery process, on June 30, 2017, Paramedics Plus served Interrogatories and Requests for Admission (the "Interrogatories") on the Government. The Government served its objections and responses (the "Responses") to the Interrogatories on July 27, 2017. The Interrogatories and Responses state:
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2018 U.S. Dist. LEXIS 14483 *; 2018 WL 620776
UNITED STATES OF AMERICA, CALIFORNIA STATE OF, EX REL., FLORIDA STATE OF, EX REL., OKLAHOMA STATE OF, EX REL., and STEPHEN DEAN, RELATOR v. PARAMEDICS PLUS LLC, EMERGENCY MEDICAL SERVICES AUTHORITY, EAST TEXAS MEDICAL CENTER REGIONAL HEALTHCARE SYSTEM INC, HERBERT STEPHEN WILLIAMSON, and EAST TEXAS MEDICAL CENTER REGIONAL HEALTH SERVICES INC
Prior History: United States v. Paramedics Plus LLC, 2017 U.S. Dist. LEXIS 177342 (E.D. Tex., Oct. 25, 2017)
Paramedics, discovery, cap, Interrogatories, documents, compliance, time period, profit-cap, violations, argues, certification, entities, parties, settlement, discovery of admissible evidence, discovery dispute, false claim, remuneration, decisions, objects