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daedalus

daedalus

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I need a hint at the direction I should take. I just got off the phone with a good friend who works at another private ambulance company in Los Angeles. She told me about some apparently shady activity going on, and I am trying to figure out weather I have a responsibility to report these things or if she could get into some sort of legal trouble if she does not come forward. Ill give you some background. My friend (EMT) works for a small private IFT company in the Hollywood area. They have one station and 20 rigs (usually ten or so on a day and 3 at night).

My friend discovered:
Most of the units are not licensed emergency vehicles with the California Highway Patrol. This is required by law to operate ambulances in California.

The insurance for the units are probably phony, and no record of vehicle insurance is kept on the rigs.

The company utilizes non-EMTs to run calls if they are understaffed. You read that right, they literally send one or two uncertified people to run calls who have not taken EMT class let alone have certification or ambulance driver licenses.

They are not taking federal or state taxes out of the employee pay checks

Can she get into trouble here? I am worried and disappointed.
 
Get in trouble by whom?

She is more likely to get in trouble for NOT reporting it than she is for reporting it. Most states/countys/citys have a whistleblowers protection clause if it was somehow found out that she was the one that made the report.

Either way, for the love of all that is good in the world report them tomorrow!
 
daedalus said:
I need a hint at the direction I should take.

...

Can she get into trouble here? I am worried and disappointed.
Click to expand...

Wow that is very shady :glare:. I really doubt she would have any liability, assuming she took no part in any of the shadiness (ran a call with someone she knew to be unlicensed, etc.). But she definitely should say something to the authorities immediately, right after turning in her resignation.
 
Unclean hands. Get out and watch them get raided while you smile and count your blessings.
 
daedalus said:
I need a hint at the direction I should take. I just got off the phone with a good friend who works at another private ambulance company in Los Angeles. She told me about some apparently shady activity going on, and I am trying to figure out weather I have a responsibility to report these things or if she could get into some sort of legal trouble if she does not come forward. Ill give you some background. My friend (EMT) works for a small private IFT company in the Hollywood area. They have one station and 20 rigs (usually ten or so on a day and 3 at night).

My friend discovered:
Most of the units are not licensed emergency vehicles with the California Highway Patrol. This is required by law to operate ambulances in California.

The insurance for the units are probably phony, and no record of vehicle insurance is kept on the rigs.

The company utilizes non-EMTs to run calls if they are understaffed. You read that right, they literally send one or two uncertified people to run calls who have not taken EMT class let alone have certification or ambulance driver licenses.

They are not taking federal or state taxes out of the employee pay checks

Can she get into trouble here? I am worried and disappointed.
Click to expand...

Does she have any documented proof of all of this?

Do they have their employees listed as contractors? If they do, then they do not have to deduct taxes from their checks. But, they are responsible for the taxes, themselves.

If she has documented proof, then report it. If she is running off rumors, then run away, fast!
 
reaper said:
Does she have any documented proof of all of this?

Do they have their employees listed as contractors? If they do, then they do not have to deduct taxes from their checks. But, they are responsible for the taxes, themselves.

If she has documented proof, then report it. If she is running off rumors, then run away, fast!
Click to expand...

I like your way of looking at it reaper :P So, I am going to say do what he said.... not much more to say.

Just tell her she should get out of there ASAP, while she can.
 
Agreed, your friend needs to get out of there asap
she could also be held liable if she she driving those rigs knowing they do not have the proper cards that MUST be issued by the CHP. I think it is important for her to do the right thing, but she needs to get out before the ax falls!!
 
I personally would tell my friend get out because I'd be reporting it in a bit.
 
daedalus said:
I need a hint at the direction I should take. I just got off the phone with a good friend who works at another private ambulance company in Los Angeles. She told me about some apparently shady activity going on, and I am trying to figure out weather I have a responsibility to report these things or if she could get into some sort of legal trouble if she does not come forward. Ill give you some background. My friend (EMT) works for a small private IFT company in the Hollywood area. They have one station and 20 rigs (usually ten or so on a day and 3 at night).

My friend discovered:
Most of the units are not licensed emergency vehicles with the California Highway Patrol. This is required by law to operate ambulances in California.

The insurance for the units are probably phony, and no record of vehicle insurance is kept on the rigs.

The company utilizes non-EMTs to run calls if they are understaffed. You read that right, they literally send one or two uncertified people to run calls who have not taken EMT class let alone have certification or ambulance driver licenses.

They are not taking federal or state taxes out of the employee pay checks
Click to expand...

Are the trucks using the non-EMT drivers licensed as emergency vehicles? If not, there is a different set of rules for them with different documentation. If they do not do emergency runs on a licensed emergency ambulance, they may not need EVOC. In many states in the U.S., BLS emergency trucks can also use an Ambulance Driver who is not an EMT.

If the temp help is considered an independent contractor, they also have different taxation rules. I, myself, love the hourly wage I make an a healthcare "temp" but hate the tax mess. Some of us have accountants that keep us out of trouble. Others may not make as much and are able slide in under different laws.

Unless she is very well versed on ALL of the regulations of her state and county as well as State and Federal tax laws along with specific documentation she could find herself in a liable suit issued by this company if she spreads the wrong information to others not directly involved. She would also have to explain if she actually saw paychecks and how she saw them. As well, there might be protected patient information that she would have had access to that would have to be disclosed. If she is wrong, she may now have violated HIPAA and state patient privacy laws.
 
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My advice, bud, is to advise her to seek legal council and not ours. There is nothing wrong with asking questions from those who are expertly trained in their perspective fields.

Have ask the advice of someone who has J.D. behind their name. In other words ask a lawyer.
 
I have just a little more to add. Facilities, such as SNFs, NHs and hospitals, that contract ambulances for their transport should check the status of that company and see if there are any violations and if they have the proper licenses to provide the services they are contracted for. The sending facility can also be held liable if they contracted a company or people that provide direct care to their patients that were lacking in the minimum qualifications and licensures.
 
I would document as much as possible before turning in my notice. Then I would walk, not run to the nearest atty's office and have them council me on how best to proceed.

I think this is a moral/ethical sitation rather than a legal one. I do not believe you have a legal responsiblity up. There is I believe the assumption that the company that hires you is doing business within the law and you are not responsible when they are not. But the ethical responsiblity to those patients assuming they are getting a level of care based on the way the company presents themselves, not to mention the medicare billing issues for providing a level of care less than the one you are billing for....

Definitely talk to a lawyer.
 
Becareful word travels fast in EMS especially if your known as a whistle blower.

Maybe they could get a group of employees together, so one is not sticking their neck out for the benefit of the group.
 
CAOX3 said:
Becareful word travels fast in EMS especially if your known as a whistle blower.
Click to expand...


Yeah, you don't want to get a reputation as someone with integrity.
 
BossyCow said:
Yeah, you don't want to get a reputation as someone with integrity.
Click to expand...

Sadly to many in EMS are good old boy clubs and integrity plays no part in them other than loyalty to each other. So a whistleblower in some areas may have to move a long way away in order to work again.
 
Please PM me off topic.

John Legg
National EMS Association
 
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