My Stolen Text Messages Are Irrelevant in Rayme Edler's Case

Even though the PNJ, with another ominous sounding headline on their front page edition this morning, wants my stolen text messages to be the center of their "story" on a former employee's qui-tam, harassment case against the county--the fact of the matter is that my text messages are irrelevant to this case.  

The PNJ's article conspicuously neglects to mention the fact that I am not an operational employee of the county, I am a member of the legislative.  I have no day to day management oversight of staff that bill for EMS services, nor do I have any power to direct, discipline, or control county employees.  Commissioners are legislative employees.  We only supervise, as a body, our attorney and administrator and individually our office assistants and interns.  The administrator and his staff do the day to day supervision and management of employees.  So the idea that my private thoughts and those of other citizens to whom I may have spoken to on a raft of issues, to include this former employee (who was a disaster in the opinion of many), has any bearing on this case is laughable.  It's a joke. 

Of course, PNJ knows this but doesn't report it. That would make a boring article, that's why.

The other fatal flaw with their front page piece and this directed attack on me purported to be news is that somehow my text messages are a part of the former employee's case of "harassment."  This argument, too, fails.  It fails because this former employee also made herself a public figure with public appearances, statements, and assertions to the board over and over about  her perceived issues in the EMS department.  She made herself a public official when she sued a local private citizen for speaking out against her and cost that citizen hundreds of thousands in legal fees.  This former employee made herself a public figure with her statements in the press and other places with wild allegations--the vast majority of which were extreme exaggerations or outright lies.  When you are a public figure, you are succeptible to unflattering critique--someone should wake her up and tell her this.  Comes with the territory and if the kitchen is too hot, one should consider leaving. She didn't.  That said-- Being an elected official and member of the commission, I have the right to ask any questions I want and speak my mind on any topic  I want related to county business, including disagreening with an employee's mistreatment of other employees and her dangerous, reckless disregard for due-process rights for county employees which cost the county taxpayers more than $300,000.00 thus far, and counting.  I can say and do this  according to recent rulings that describe such speech by a sitting commissioner as enjoying absolute immunity under state law.  Absolute, unqualified immunity.  (Just look up Judge Pitre's ruling in the Underhill case which was also per-curium affirmed at the DCA) Someone should show these rulings to Ryan and Steven Andrews, too.....absolute, unqualified immunity is what we have in these sorts of discussions and comments.

PNJ knows this, too, but they don't bother mentioning it.  They want to lionize this former employee,

Accusations, Insinuations, Allegations and a Federal Qui Tam Lawsuit from Former Medical Director....Someone is Looking for a Payday!

 

Someone is looking to score a payday!

The board was made aware late last week of a recently filed complaint against the county in Federal Court.  This complaint is being made under the Federal False Claims Act.  The allegations and insinuations are numerous and wide-ranging.  Everything but the kitchen sink is thrown into the complaint--which initially was filed under seal with the court back in September of last year.  Like a Jackson Pollock--stuff is thrown all over the place in this filing.  like spaghetti all over the wall....The Angst oozes from the pages of the complaint (currently being redacted in the legal office) which I will post once it is scrubbed of any sensitive, HIPPA or other confidential information which cannot be released.

I've read all 58 pages.  

It reads like the manifesto of an angry, scorned former employee short on facts and long on allegations and requests for data--which is probably why the Federal Government took a "hard pass" on joining this suit. I'm sure the former medical director and her Miami and Pennsylvania lawyers were hoping the Feds would join--but they didn't.  Which may be telling.  Language like this, below, directly from the complaint--sounds a lot like a "fishing expedition"...

"With respect to allegations made upon information and belief, Relator has, based upon Relator's knowledge, data, and prior experience, a reasoned factual basis to make the allegations herein but lacks complete details of them. While Relator has significant evidence of the fraud alleged herein (the details of which follow), much of the documentary evidence necessary to prove these allegations is in the possession of Defendant.."

Meanwhile-the staff that remains in billing and EMS will have a Herculean "Data call" coming:  They will have to compile the billing and call coding information from different billing systems over a long period of time where multiple personnel have come and gone over the timeframe indicated (2014-2020).  Multiple EMS and Public safety employees, multiple budget directors, multiple EMS and public safety directors, three IT directors, and at least four current and former Interim and permanent County Administrators have been employed over this time.  

When this was dropped on the legal office's lap just last week-- on January 18th-- by our Insurance-company assigned Law Firm--we were given only 9 days to answer this nearly 60 page complaint--even though our "insurance company assigned attorneys" knew about this complaint since November.  so there are issues with that, too, that I'll get to in some additional, follow-on posts.....meanwhile, we have subsequently received an extension which will allow us until February 10th to file a response.  But as it pertains to the allegations, this post will be about that.

In a nutshell, the former Medical Director has teamed up with a couple of  Lawyers to accuse the county of systimatically, purposely and illegally over-billing the government for EMS transportation services provided in our county over nearly a seven year period.  In addition to that, they are claiming the county billed for ALS services while only providing BLS services.  They also claim some of the personnel were allegedly not certified properly for the reimbursements requested.   The allegations are all listed one by one after a narrative that names a lot of names and lists a lot of serious allegations these individuals are alleged to have engaged in during the course of their employment with the county. (Interesting that most of the individuals named are no longer employed by the county, and the "sinister allegations" made in this complaint do not mention the fact that the lion's share of these employees have now moved on with their respective careers elsewhere after  disproving or settling the allegations of this former medical director hurled at them. I do not believe any of these individuals named in her complaint has been adjudicated guilty of her allegations.  Most of these allegations and charges have been dropped and settlement agreements made allowing these former employees to all to continue their careers in public safety).  

The most interesting thing about this suit is that if successful, the plaintiff (former medical director) and her lawyers can collect a portion of the fees owed to the government--which could amount to a lot of money if every allegation is proven--because Qui Tam complaints, I'm told, allow folks to sue on behalf of the government. If successful, a finding can be made forcing a party (in this case the county) to repay the government and the complainant.  Looks to me like someone is looking for a payday!  Ka- Ching!!

Interesting to me is the fact that she, the former medical director, was essentially in charge of this department for a multi-year period---and among all the drama, requests for training, requests for other things, bigger budgets, "we must have Rescue 1" etc. and even more drama-rama complaining--I don't recall this medical director once, not once, letting the board know she saw a problem with the billing/coding.  Not once.  She came to meetings, she complained about everything EXCEPT anything having to do with the billing.  So she was in charge, never mentioned this as an issue, and is now suing for this issue? Why is that, I wonder?

Too many questions.....

Much more to come on this in the days, weeks, and months to come.

Initially, I'm told at least one employee intimately familiar with the coding and billing issue has stated unequivocally that the allegations are untrue and that coding was/is always done conservatively--meaning the lower cost transport was the default billing unless it is/was known that the call was an acute call which bills at about $100 more than the rate for a routine transport.  But the county's staff will have to compile reams of data in order for a defense to be constructed and prior to a cogent response being drafted to this wide-ranging complaint.  Staff will have their work cut out for them over the next three week which will go by quickly.....

From the complaint:

"1.            Plaintiff-Relator Dr. Edler brings this False Claims Act Complaint on behalf of the United States, and on her own behalf. 31 U.S.C. §§ 3730 et seq.

2.             Medicare and other government programs pay for certain necessary and reasonable medical services, but services are not reasonable when they are performed by uncertified and unqualified personnel. Escambia County knowingly filed claims for medical services performed by uncertified and unqualified personnel.

3.            Further, Escambia knowingly filed claims for emergency transportation when it provided non-emergency transportation, and it filed claims for advanced life support when if provided basic life. These up-codes are false claims."