Tulsa lawsuit against EMSA thrown out
TULSA — A federal judge has thrown out a lawsuit that alleged EMSA overcharged subscribers who paid a monthly fee for the ambulance service.
“This is positive news for EMSA as it continues to support our stance that the organization operates and bills in a way that’s accurate and prioritizes patient care,” Jan Slater, chair of EMSA’s Board of Trustees, said Tuesday.
A Tulsa resident, Robert Young, filed the lawsuit in February, a month after the federal government accused EMSA of accepting more than $20 million in illegal kickbacks from a former contractor, Paramedics Plus.
Young sought to make his case against EMSA, its CEO, Paramedics Plus and other defendants into a class-action lawsuit.
His attorneys were asking for damages in excess of $10 million for himself and other “participants in EMSA’s utility fee program who were detrimentally affected.”
“EMSA purposefully overcharged the monthly TotalCare fee, remitted the proceeds toParamedics Plus, and then Paramedics Plus would kickback a portion of the profit to EMSA,” the lawsuit alleged.
In rulings Monday,
None of the defendants had control of the fee implementation or collection.”
U.S. District Judge Ronald A. White
U.S. District Judge Ronald A. White dismissed the lawsuit against all defendants on a number of grounds.
The judge called key claims in the lawsuit “illogical.” The judge specifically pointed out that the monthly fee Young paid for his ambulance service was established by city ordinance.
“None of the defendants had control of the fee implementation or collection,” the judge wrote.
The federal government’s kickback accusations against EMSA were made in a civil case that is still pending in Sherman, Texas.
A federal judge there refused in October to dismiss that case.
The government is seeking millions of dollars in damages and civil penalties from EMSA.
EMSA — whose full name is the Emergency Medical Services Authority — provides ambulance service to more than 1.1 million residents in northeast and central Oklahoma.
It began operations in 1978.
EMSA and the other defendants deny wrongdoing. The defendants contend EMSA got funds back from the contractor because of a legal “profit cap” arrangement.
“The profit cap encourages competition and ensures that Oklahoma taxpayers enjoy the benefits from the efficiencies achieved by EMSA and its public utility model,” said Slater, the chair of the trustees board.
“We look forward to debunking all outstanding accusations since no evidence has been presented that any of the money EMSA received was mismanaged nor that any individual has been personally enriched.”
EMSA only CEO, Stephen Williamson, retired last month, saying he wanted to stop being a distraction.
He is accused in the civil case in Texas of accepting expensive gifts from the contractor and of charging the contractor for spa visits and parties for EMSA employees. He also is accused of having the contractor make political donations to preferred candidates. He is facing a related criminal investigation.