EMSA could end up suing its liability insurance company to recoup some of the $2.4 million in legal fees the agency expects to incur fighting a federal anti-kickback lawsuit.
The emergency medical care provider has a $1 million policy with Atlanta-based RSUI Indemnity. It covers EMSA directors and officers for losses brought through legal actions.
While EMSA has filed a claim with RSUI, the insurer has not authorized it.
"The board authorized our attorneys, on EMSA's behalf, to take action up to and including a lawsuit with RSUI to compel them to cover us under the [directors and officers] policy," said EMSA spokeswoman Kelli Bruer.
EMSA officials project they'll spend $2.4 million defending against a lawsuit alleging the agency violated federal anti-kickback laws by setting up a "pay for play" scheme with a Texas ambulance contractor.
To help with legal bills, the agency asked the City of Tulsa earlier this month to approve an increase in the cost of an ambulance ride from $1,300 to $1,700. The increase would have applied to Tulsans not enrolled in EMSAcare, a subscription program that covers all out-of-pocket costs for service.
EMSA moved the request up a year largely because of the federal lawsuit. In discussions with city councilors, ESMA officials said their insurance policy was not covering the costs.
City councilors ultimately rejected the requested fee increase.
