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Thursday, September 7, 2023

Serious "Upcoding" Count in Rayme Edler's Lawsuit Against Escambia County Dismissed


A significant part of the Qui Tam lawsuit against Escambia County's EMS division by Rayme Edler was dismissed today by Federal Judge M. Casey Rogers.

From the motion:

"Plaintiff-Relator Rayme M. Edler filed a qui tam action in part pursuant to the False Claims Act (“FCA”), 31 U.S.C. §§ 3729(a)(1)(A), (B), (G), alleging that Defendant Escambia County submitted fraudulent claims for reimbursement to the federal government.  The United States has declined to intervene.  See ECF No. 7.  Now before the Court is Escambia County’s Motion to Dismiss Count II of the Second Amended Complaint.  ECF No. 91.  Having reviewed the matter, the motion to dismiss is granted."

 Read the full document here  

1 comment:

Mel Pino said...

I really hope at this juncture the Board doesn't just rest content with the win on this carve-out from the bigger suit, but pursues the idea of outside counsel that is really going to fight this nonsense as hard as possible, be more aware of all of the context that could be used in defense--and there is a LOT that could be used, and should have been used already--and go after her in any way possible for the damage she continues to visit on the County taxpayers.

Remember, they can always appeal this or even file a motion to reconsider. It doesn't seem like she granted them room to amend the complaint, which is good if I have that right. I don't know if the fact that the judge didn't make it clear she would allow them to fix it means that she doesn't believe it can be fixed (?).

In any case, there is a LOT more to go on this. And Edler has a way of taking a blunt rebuttal of her tactics and somehow morphing the moment into growing more heads on the monster.