Escolar Documentos
Profissional Documentos
Cultura Documentos
Attorney General’s
Office
Report on
Health Care Fraud
2005
ANNUAL REPORT FOR CALENDAR YEAR 2005
OF THE
State of Ohio
Office of the Attorney General
Jim Petro, Attorney General
30 E. Broad St., 17th Fl.
Columbus, OH 43215-3428
Telephone: (614) 466-4320
Facsimile: (614) 466-5087
www.ag.state.oh.us
The crime of Medicaid Fraud costs the State of Ohio millions of dollars each year. That
money comes from the pockets of taxpayers like you. Fraudulent Workers’ Compensation
claims result in higher Workers’ Compensation insurance costs for businesses, which are forced
to pass that cost along to their customers. Every citizen of Ohio could be affected by these
illegal activities.
Throughout the State, one of the most vulnerable segments of the population, our senior
citizens, are abused and neglected in nursing homes. These victims are abused by the very
people who are paid to care for them. Many times, the family and friends of the victims are
unaware of the abuse because advanced illness or simple fear prevents the victims from voicing
their plight.
Who will protect the taxpayers’ money from being used to fund the Medicaid benefits that
provide medical assistance for the economically disadvantaged in our communities? Who will
fight for the businesses of Ohio to ensure that Workers’ Compensation insurance costs remain
affordable? Who will protect our elderly citizens in nursing homes and prosecute the people
who would abuse or neglect them?
The Health Care Fraud Section of the Ohio Attorney General’s Office works hard every day
to do just that. This group of highly committed attorneys, investigators and support personnel
take the daunting tasks before them very seriously, and the results of their efforts, especially
during the last three years, have been nothing but incredible. I am pleased to present this report
of the activities of my Health Care Fraud Section.
I am very proud of the work of the staff in my Health Care Fraud Section. Since taking office
in 2003, I have focused on protecting the most vulnerable members of our state, and the Section
has accomplished much in that regard. Over the last three years, the Health Care Fraud Section
has been responsible for over 556 criminal convictions, 24 civil settlements, and more than $73
million dollars in financial recoveries to the State of Ohio.
Jim Petro
Attorney General
TABLE OF CONTENTS
Introduction ................................................................................................. 1
Section Accomplishments.......................................................................... 5
Misappropriation Case................................................................... 10
Conclusion ................................................................................................... 12
Attachments
Introduction
There are many ways in which a provider might attempt to defraud the
Medicaid program. One is to bill for services which were never rendered. An
example of this would be a dentist who bills Medicaid for an x-ray that was
never taken, or a medical supply company that bills for dialysis test kits which
were never supplied to the Medicaid recipient. Another way a provider can
commit Medicaid Fraud is to bill Medicaid for services to the recipient that are
medically unnecessary. An example would be a facility with a new computer
tomography (known as a CAT scan machine) sends all patients regardless of
their complaint to have a CAT scan. Medicaid Fraud can also occur in the form
of illegal “kickbacks.” This would occur if, for instance, the owners of a
laboratory sent a doctor free airline tickets, in exchange for the doctor sending all
of his lab work to that facility. All of these schemes are illegal and drain precious
money from the Medicaid Program that could be used to provide medical
services to our most economically disadvantaged citizens.
The Workers’ Compensation Law of Ohio states that employees who are
injured or who contract occupational diseases during the course of their
employment are entitled to have related medical bills paid from the Workers’
Compensation Fund for that employer. Two separate agencies administer Ohio’s
Workers’ Compensation program: the Ohio Bureau of Workers’ Compensation
(BWC) and the Industrial Commission of Ohio (IC). The BWC is responsible for
1
collecting insurance premiums from employers, overseeing the integrity of the
insurance system and paying out legitimate claims. The IC steps in when a BWC
claim is disputed.
There are over 75,000 people residing in nursing homes in the State of
Ohio. Patient Abuse occurs when an owner, employee or agent of a care facility
knowingly causes physical harm or recklessly causes serious physical harm to a
resident, or causes physical harm by the inappropriate use of physical or
chemical restraint, medication or isolation of the resident. Patient Neglect occurs
when an owner, employee or agent of a care facility knowingly causes physical
harm or recklessly causes serious physical harm by failing to provide a resident
with any treatment, care, goods or services that are necessary to maintain the
resident’s health or safety. There are many reasons why employees of a care
facility might abuse or neglect the people under their care. They may become
angry or frustrated because of the demands placed on them by the specialized
needs of the residents, or they may simply suffer from a lapse of judgment. In
any case, these perpetrators need to be held accountable for their actions, and
decisive steps need to be taken to ensure that they are never again placed in a
position where they might commit abuse again.
The Health Care Fraud Section of the Ohio Attorney General’s Office is
divided into two units: the Medicaid Fraud Control Unit and the Workers’
Compensation Fraud Unit. These two units work diligently to combat the
criminal behavior previously described.
The Medicaid Fraud Control Unit (MFCU) has been in existence for
twenty-seven years. It grew from a small organization with a handful of cases to
its current activity level which involves about 700 cases annually. Today the
MFCU consists of four teams of highly trained investigators, several dedicated
criminal prosecutors and an array of multi-talented support staff. Three of these
teams, consisting of eighteen Special Agent investigators and six prosecutors,
2
focus their efforts exclusively on investigating allegations of Medicaid fraud and
prosecuting the individuals who commit this criminal act. Only Medicaid
providers – the people who provide health related goods and services to the
Medicaid recipient population – are investigated by the Unit. These providers
include doctors, dentists, pharmacies, medical goods suppliers and home care
aides to name only a few. The MFCU’s fourth team, consisting of six Special
Agents, investigates allegations of abuse and neglect in Ohio’s nursing homes.
These cases are guided by the same attorneys who handle the Unit’s Medicaid
Fraud cases, but the cases are most often prosecuted in the county where the
abuse or neglect occurred. The Unit also has a “Special Projects” team which
assists the unit in utilization data collection and analysis, and otherwise works
with investigators to develop fraud cases.
The MFCU’s workload is complaint driven. This means the primary source
for its work is complaints from citizens, Medicaid recipients, the provider
community, and other sources. The unit also receives referrals from the Ohio
Department of Job and Family Services, Ohio Department of Health and other
government agencies, as well as law enforcement agencies. We receive complaints
through the Attorney General’s website, through the fraud-abuse-
reporting@ag.state.oh.us e-mail, postal mail, 1-800 telephone calls, and the referral
process.
3
During 2005, we received and processed 698 intakes of fraud, abuse,
neglect, and misappropriation of patient property. The sources for these cases
are depicted in the following table:
4
In addition to the varied sources of our work, the type of Medicaid
provider referred for investigation also covered a broad spectrum. The provider
types involved in the 698 complaints are depicted below by type and by total:
Section Accomplishments
Over the last three years, the Health Care Fraud Section has been
responsible for over 556 criminal convictions, 24 civil settlements, and more than
$73 million dollars in financial recoveries to the State of Ohio. These figures
represent large increases in both convictions and recoveries over previous years,
and the Section is striving to continue that trend into the future.
During 2005, the Section investigated 841 cases, filed criminal charges
against 233 individuals or companies, and obtained 201 convictions. In addition,
the Section secured more than $18.3 million in civil and criminal restitution and
penalties and was reimbursed for $115 thousand in investigative costs.
5
Medicaid Fraud Control Unit
The MFCU recently completed its two year investigation of various Ambulette
providers. An ambulette is a wheelchair van. The Medicaid program pays for the
transport of wheelchair bound patients to Medicaid covered appointments, such as
dialysis or a doctor visit. In order to be covered, the transport must be of a wheelchair
bound patient, who is seated in a wheelchair, and who is transported in an actual
wheelchair van or ambulette. This investigation included providers in Richmond
Heights, Struthers, Cleveland, South Euclid, Jacksonville, Beachwood, Columbus and
Mayfield Heights. The investigation revealed that while the fraud by these providers
takes place in many variations, the primary method is for the transportation companies to
transport patients who are fully capable of walking, and who are transported while
sitting in regular passenger seats. The companies then billed the Medicaid program
indicating that the patients had required wheelchair transportation and were transported
while seated in a wheelchair. The MFCU obtained twenty convictions against ambulette
company operators and obtained restitution orders for nearly $1.7 million. Some of these
convictions are the result of collaboration with the FBI and the US Attorney’s Office,
while other convictions have been obtained solely by the MFCU.
The MFCU received a referral from the Ohio Department of Job and Family
Services regarding possible Medicaid fraud by two home health providers. The
investigation quickly revealed that the mother of the recipient was allowing her sons’
three providers to bill for services not rendered and then requiring the providers to
kickback approximately 25% of all their Medicaid billings to her. The providers were
6
billing for between 24 and 30 hours a day for care to recipients who were only mildly
handicapped. The recipients’ mother was convicted of Medicaid Fraud and was required
to pay back $67,854.00. Each provider was convicted of Medicaid Fraud and required to
return $18,528.00, $16,667.00 and $32,000.00 respectively.
The owner of the Cleveland, Ohio based Guardian Health Services caused
Guardian to bill for two nursing services a day for residents of a residential care facility
when only one visit was provided. The owner also provided false statements to banks to
obtain loans. The MFCU, working with the Department of Justice, filed a Bill of
Information in Federal District Court for the Northern District of Ohio charging the
owner with 5 counts of Bank Fraud and 1 count of Making a False Statement in a Health
Care Matter. On March 16, 2005, the owner pleaded guilty to all counts of the Bill. On
May 25, 2005, the owner was sentenced to 37 months in federal prison and ordered to
pay restitution in the amount of $32,951.70.
7
characterized as no more than expensive perks), and providing misleading information
regarding Neurontin’s off-label efficacy. Moreover, Warner-Lambert provided improper
“research payments” which were actually kickbacks to physicians who frequently
prescribed the drug for off-label uses. As a result, Warner-Lambert pled guilty to
violating the Food, Drug, and Cosmetics act and paid a fine of $240 million. In addition,
Warner-Lambert entered into a civil settlement with the United States to pay $152
million of which Ohio’s combined federal/state share was $8 million. Lastly, Warner-
Lambert agreed to settle consumer protection claims with the States for an additional $38
million.
What is Patient Abuse? Under ORC 2903.34, patient abuse occurs when a
care facility employee knowingly causes physical harm or recklessly causes
serious physical harm by physical contact with the person or by the
inappropriate use of physical or chemical restraints, medication or isolation of
the person.
The following are some patient abuse and neglect cases prosecuted in 2005:
On the morning of September 12, 2004, a resident of a Van Wert county nursing
home was found in her bed with a bloody, discolored and swollen lip. The elderly, female
resident, who suffers from dementia, was unable to relate how this occurred. The person
caring for her during the night was a male state tested nursing assistant (STNA) who
8
denied that he had struck the resident, maintaining that she had probably hit herself.
During the course of the investigation, the STNA was interviewed by state investigators
and admitted the resident had not hit herself, and, in fact, he had struck her. The STNA
claimed the resident had become combative, swinging her arms and hitting him. He
admitted that he struck back in anger, punching the elderly resident in the mouth
causing it to bleed and swell. According to the STNA, he punched the resident in the
mouth with a closed fist. He additionally acknowledged, “I hit her good.” The STNA
was indicted by a Van Wert County Grand Jury on 1 count of patient abuse as defined in
O.R.C. 2903.34. He pled to a felony charge of patient abuse and was sentenced to 30
days incarceration, 60 days house arrest, 5 years of community control (probation), and
500 hours of community service.
In a Medina County nursing home, a Licensed Practical Nurse (LPN) and a State
Tested Nursing Assistant (STNA) were engaged in a constant feud with employees who
worked on opposing shifts. In an effort to cause more work and inconvenience for other
employees at the facility, the nurse, with the aide’s assistance, administered laxatives to
numerous residents at the facility. They did this knowing the residents would suffer from
diarrhea, which would then cause a mess for the next-shift employees. Both the LPN and
the STNA were interviewed by state investigators, and they eventually confessed to their
actions. They were both indicted by a Medina County Grand Jury on 5 counts (each) of
patient abuse, a felony, and they later pled to those charges. Both received a sentence of
10 months incarceration and the LPN lost her license to practice nursing in Ohio.
In a Cuyahoga County nursing home, an elderly resident, who was resisting care
from the STNA assigned to her, was pinned down in her bed and punched on the right
side of her face. The punch from the STNA caused bruising and swelling to the resident’s
right cheek, eye and bridge of her nose. Agents from this office investigated and verified
through witness testimony that the punch to the resident was in retaliation for the
resident’s resistance to care. Although aware there was an eyewitness to this event, the
STNA denied the incident occurred. The STNA was indicted by a Cuyahoga County
Grand Jury for 1 count of patient abuse. Her charge was later pled down to 1 count of
assault, a misdemeanor, and the STNA was sentenced to 40 hours of community service.
In a Brown County nursing home, a male STNA was seen standing over an
elderly female resident’s bed with his pants pulled down exposing his genitals. Upon
investigation, it was learned that the same STNA had possibly exposed himself to a
comatose male resident at the same facility. In interviews with a MFCU Agent, the
STNA admitted that he had exposed himself to the female resident just to see her reaction
and to the male resident just to see what it would feel like. The STNA was charged with
2 counts of public indecency and later pled to 1 count of public indecency. He was
sentenced to 1 year of probation and was prohibited from working in any care facility.
In a Stark County nursing home, an 81 year old female resident who suffered
from osteoporosis and pneumonia and who was classified as an “extensive care” resident,
9
was left unattended on a commode for an extended period of time. The STNA who was
assigned to her care was aware of her care requirements, however, knowingly left her
unattended for an extended period of time. This resulted in the resident falling to the
floor causing fractures to 2 ribs and to her lower lumbar spine. Upon investigation by a
Special Agent, the STNA admitted she left the resident alone and, then, upon discovery
of the resident’s fall, she failed to report the incident. The failure to report caused the
resident to endure pain for an extended period of time before her injuries were detected.
The STNA was charged with one count of patient neglect. She was found guilty of
neglecting the resident and was sentenced to 10 days incarceration (which was
suspended) and 10 days of community service.
Misappropriation Case
The Business Office Manager at the Edgewood Manor Nursing Home was
discovered to have taken money from the resident trust account and used it for her own
use. The Manager admitted to the Port Clinton Police Department that she forged the
name of another employee in order to cash 79 checks for her own use. An MFCU Agent,
working with a local detective, reviewed nursing home transactions, the Manager’s
personal accounts and other documents and determined that $64,014.92 had been stolen.
The case was referred to the Ottawa County Prosecutor for prosecution. The Manager
pled guilty to theft and was sentenced to pay restitution of the $64,014.92 and was given
3 years probation and 100 hours of community service.
In 2005, the WCFU received 143 cases, indicted 123 cases, obtained 126
convictions and helped BWC obtain nearly $1.23 million in restitution.
The following are some cases the Unit prosecuted during the last year:
In April 2001, a Newark, Ohio man claimed to have suffered an industrial injury
while working at Martinbird Enterprises. BWC awarded him temporary total disability
and paid him living maintenance benefits and his rehabilitation costs. In late August
2001, Martinbird Enterprises notified BWC that the man was working for an unknown
real estate agency in Newark. The investigation found the man worked full time and
earned $14,512 in real estate commissions while he was on temporary total disability
benefits. On March 7, 2005, a jury returned a guilty verdict against the Newark man for
one count of Workers’ Compensation fraud. The court imposed five years of community
control and ordered the man to pay restitution in the amount of $24,999.28 to the Bureau
of Workers’ Compensation. The man was also ordered to pay court costs and fees for the
probation department’s supervision.
10
After allegedly sustaining a work-related injury to his back, a Richland County
man filed a request for temporary total disability benefits (TTD) with the Ohio Bureau of
Workers’ Compensation (BWC). He was awarded TTD benefits. Less than a month later,
posing as his cousin (without the cousin’s permission), he allegedly sustained another
work-related injury and was awarded benefits under this claim. He was also receiving
prescription pain medication under both claims. Unbeknownst to him, the Pharmacist
who had filled his initial prescription, relocated to a new Pharmacy, which was where he
chose to fill the second prescription. Posing as his cousin, the Pharmacist recognized him
and this led to his arrest by Richland County detectives for deception to obtain dangerous
drugs. At the arraignment, the Judge recognized his real name. The defendant failed to
show for his hearing and the Richland County Municipal Court declared him an
absconder and issued a bench warrant for his arrest. The perpetrator posed as various
people and received workers’ compensation in several states until arrested in Chicago,
Illinois, for defrauding an insurance company. The Defendant was extradited back to
Franklin County, Ohio, where he pled guilty to one count of Workers’ Compensation
Fraud, a fourth degree felony, and was sentenced to fourteen months in prison and
ordered to pay restitution in the amount of $98,511.31.
The owner of Mueller Tree Service operated his business without workers’
compensation coverage and altered BWC coverage certificates to reflect that he had
current coverage. He then uttered the altered certificates to several prospective
customers, including a BWC special agent during an undercover. Special agents
obtained several copies of altered BWC certificates from a search of Mueller’s business
office and from various witnesses. Mueller was convicted of one count of tampering with
records, a felony and one count of failure to comply, a misdemeanor and given two years
of community control.
11
Conclusion
Fraud against State assistance programs steals money from the taxpayers’
pockets. Abuse and neglect of our loved ones in nursing homes hurts families
and can destroy lives. The Health Care Fraud Section is on the front line of the
battle to end these crimes.
But, we cannot do it alone. Our success comes from the Ohioans who
decide to take a stand and report these crimes when they see them occur. So, join
the fight and report suspected fraud or abuse by contacting Attorney General Jim
Petro’s Health Care Fraud Section.
In Writing:
150 East Gay St. 17th Floor
Columbus, OH 43215
By Telephone:
(800) 64-ABUSE or 1-800-642-2873
Online:
http://www.ag.state.oh.us
12
ATTACHMENT A
1976 The Office of the Inspector General (OIG) was established. The mission
of the Department of Health and Human Services OIG was to protect the
integrity of the department’s programs and provide oversight of the
MFCUs.
1977 On October 25, 1977, the President signed into law the Medicare and
Medicaid Anti-Fraud and Abuse Amendments, Public Law 95-142 which
among other things authorized the establishment of, and Federal funding
for, the State Medicaid Fraud Control Units for a three year period.
1978 Ohio Revised Code 109.85 was codified authorizing the Ohio Attorney
General to create the Medicaid Fraud Control Unit (MFCU).
1981 The Omnibus Reconciliation Act of 1980, Public Law 96-499, provided
permanent Federal funding for the State MFCUs beyond the 3-year period.
This law made Federal grant funds available at a rate of 90 percent for the
first 3 years of the MFCU’s operation and 75 percent thereafter.
1983 The Omnibus Budget Reconciliation Act of 1983, Section 13625, required
the Office of the Inspector General for HHS to develop 12 performance
standards for assessing the MFCUs. These standards are still used by OIG
to assess the effectiveness and efficiency of MFCUs.
1986 On September 17, 1986, the Legislature passed 2903.34 (HB 566) which
states: (A) No person who owns, operates, or administers, or who is an
agent or employee of, a care facility shall do any of the following: (1)
Commit abuse against a resident or patient of the facility; (2) Commit
gross neglect against a resident or patient of the facility; (3) Commit
neglect against a resident or patient of the facility.
13
ORC 109.86 says the attorney general shall investigate and prosecute any
activity, including patient abuse and neglect in a health care facility, the
attorney general has reasonable cause to believe is in violation of section
2903.34 of the Revised Code.
1999 On December 16, 1999, the President signed into law the ticket to Work
And Work Incentives Improvement Act of 1999, Public Law 106-170,
allowing MFCUs to investigate and prosecute patient abuse or neglect
committed against individuals in non-Medicaid assisted living or “board
and care” facilities.
14
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
$ 410.27 - to be
Manor Care of Theft, Credit Card Stole & Used resident paid jointly with
Michelle Smith Lakeshore Employee of facility Cuyahoga Misuse & Forgery ATM card co-defendant 1 year probation
Hired Independent
Provider & Instructed
to bill for services not
William Springhart Father of recipient Franklin Medicaid Fraud rendered $1,200.00
Left resident
unattended on the
McCrea Manor toilet and she fell off
Nursing & Rehab. sustaining fractured 10 days jail & 10 days
Sandra Teapole Center Nurse aide Stark Patient Neglect ribs and lower spine community service
$55,028.31
(Medicare)
$2,449.28
(Medicaid) joint
and several
Cardiodiagnostic Making a False Billed for services not liability w/R.
Services Diagnostic Lab Franklin Statement rendered Jones 5 years probation
15
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
Making a False
Statement Relating
Cardiodiagnostic Vice-president and to a Health Care Billed for services not $2,438.40 - 3 years probation & 25
Connie Jones Services co-owner Franklin Matter rendered Medicare hours community service
$2,499.28 -
Medicaid,
$52,589.91 -
Medicare/joint
and several 3 years probation, 6
Cardiodiagnostic President and co- Making a False Billed for services not liability with months house arrest, 25
Richard Jones Services owner Franklin Statement rendered corp. hours community service
Administered
laxatives to patients
in order to make
Willowood Care things difficult for the
Kim Moenich Center of Brunswick L.P.N. Medina Patient Abuse day shift 10 months in prison
5 years community
Part-owner of Billing for fictitious control & 100 hrs.
Brian Hathaway company Franklin Medicaid Fraud ambulette runs $142,881.90 community service
Wexner Heritage Employee of nursing Stole money from a
Gracie Wellman Village home Franklin Theft resident's room
5 years community
Billing for services control, 50 hours
Lori Levy New Dimensions, Inc. Business owner Franklin Medicaid Fraud not rendered $95,000.00 community service
Bradley Road Nursing Struck resident with 40 hours com-munity
Madolyn Gilles Home L.P.N. Cuyahoga Assault her fist service
16
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
Filled pre-scriptions
and billed Medicaid
using a recipient's
Drug trafficking & name, then gave 3 years com-munity
Tampering with prescriptions to his control, 200 hours
Charlie Haddad CVS Pharmacy Pharmacy tech Cuyahoga Records brother community service
Brother filled
prescriptions and
billed Medicaid using
a recipient's name 3 years com-munity
then they were given control, 200 hours
Ramie Haddad CVS Pharmacy None Cuyahoga Drug Possession to him community service
17
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
10 months jail
Stole check from suspended, 6 months
resident's room and "home incarceration" at a
Theft from the deposited it into her halfway house, 2 years
Cherise Haynes Valley View Nursing Nurse aide Summit Elderly bank account community control
Bank Fraud &
Guardian Health Making a False Billing for services 37 months in federal
Michelle Hunter Services Business Owner Cuyahoga Statement not rendered $32,951.70 prison
Billing for services 3 years community
Johnna Koch Home health aide Franklin Medicaid Fraud not rendered $13,071.00 control
18
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
19
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
Accepted kickbacks
for services not
rendered and caused
false billings to be 5 years com-munity
Beth Forward Mother of recipient Franklin Medicaid Fraud submitted $67,854.50 control
20
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
3 years community
control, drug testing, no
employment in health
care facility, court costs,
Manor Care Health Assault, Patient Slapped resident on probation supervision
Darnell Sims Services Nurse aide Cuyahoga Abuse the face and hand costs
Stole prescriptions
Medicaid Fraud, from his doctor and
Illegal Processing of had them filled using
Zebulun Balas Recipient Wayne Drug Documents, his Medicaid card 2 years probation
Billing for services
Joseph R. Evans Home health aide Franklin Medicaid Fraud not rendered $12,000.00
21
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
6 months suspended on
condition of no new con-
Billing for services victions for 2 years, court
Sherry Stenger Home health aide Franklin Medicaid Fraud not rendered $972.00 costs
Meadow Wood Care Public Indecency Exposed penis to
Carl Roehm Center Nurse aide Brown (misdemeanor) resident 1 year probation
Billed for home
health services not
provided, hired
someone who is not a
Indepen-dent home provider to work in
Sherry Clark health provider Franklin Theft her place $2,664.00 1 year probation
22
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
Contact Express Co-owner of Conspiracy, Health Billing for services $400,000.00 (joint 20 months in prison, 2
Mikhail Rustamov International business Cuyahoga Care Fraud not rendered w/co-defendants) years probation
Contact Express Co-owner of Billing for services $120,000.00 (joint 8 months in prison, 2
Emil Shnartsman International business Cuyahoga Health Care Fraud not rendered w/co-defendants) years supervised release
Billing for services
Katrina Harris L.P.N. Franklin Medicaid Fraud not rendered $664.60
3 years pro-bation, 6
Transporting and months home
billing for patients confinement
Mikhail Perkis Sun Arrow, Inc. Business owner Franklin Health Care Fraud that are ambulatory $120,000.00 w/electronic monitoring
Contact Express Billing for services
Yuriy Romanov International Business owner Franklin Health Care Fraud not rendered $200,000.00 8 months in prison
Witness Stomped on resident's 2 years community
Jean Mitchell Pleasant Care Center Nurse aide Summit Intimidation hand control
1 year community
control, basic
supervision, costs of
prosecution &
Billing for services supervision, 40 hours
Jennifer Baker Home health aide Franklin Medicaid Fraud not rendered $6,100.00 community service
23
Attachment B
MEDICAID FRAUD CONTROL UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Provider Type County Offense Allegation Ordered Sentence
5 years community
control, 200 hours
community service,
Tampering with alcohol and drug testing,
Evidence, Theft Stole cash from restitution, supervision
Daisy Washington Pleasant Care Center Employee Cuyahoga w/Elderly Spec resident $360.00 fee
24
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Workers'
Compensation Working While 5 Years Community Control
Pascoe, Charlotte Claimant Franklin Fraud Receiving $12,730.19 and Restitution
25
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Illegal
Processing of
Drug Docs,
Workers'
Compensation
Fraud, Engaging in a Fine $2,000, Court Costs, 3
Tampering Pattern of Years Probation, 300 Hours
Weaver, Carla Westside Medical Provider Cuyahoga w/Records Corrupt Activity $0.00 Community Work Service
26
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Forged and
Workers' cashed deceased
Compensation claimant's BWC 1 Year Community Control
Berry, Mozelle T. Claimant Franklin Fraud checks. $947.90 and Restitution
Workers'
Compensation Working While 5 Years Community Control
Goodroe, Charles Claimant Franklin Fraud Receiving $29,032.24 and Restitution
Attempted
Workers'
Compensation Working While 1 Year Probation and
Lowe, Shirlene Claimant Franklin Fraud Receiving $3,000.00 Restitution
303 Sand & Failure to Failure to Pay Jail Time Suspended and
Stuble, Karl H. Gravel Employer Portage Comply BWC Premiums $0.00 Court Costs $62
27
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Workers'
Compensation Working While 30 Days Suspended, Fine
Crawford, Bryan Claimant Franklin Fraud Receiving $2,781.16 Court Costs and Restitution
Workers'
Compensation Working While Fine, Court Costs and
Hall, Lowell Claimant Franklin Fraud Receiving $11,685.75 Restitution
Workers'
Compensation Working While 5 Years Community Control,
Ferenz, Gerhard F. Claimant Franklin Fraud Receiving $5,941.41 Fine and Restitution
28
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
4 Months Suspended
Workers' Incarceration for 2 Years
Compensation Working While Community Control and
Hotzler, Barry Claimant Franklin Fraud Receiving $1,720.00 Restitution
Workers'
Compensation Working While
Torok, Mark Claimant Franklin Fraud Receiving $4,121.77 6 Days Jail Time
29
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Working while
receiving and
failure to notify
the BWC of
Workers' claimant's receipt 180 Days Suspended, 2
Compensation of unemployment Years Probation, Fine and
Wright, Marty Claimant Franklin Fraud benefits. $5,826.85 Investigative Costs
30
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Workers'
Compensation
Fraud, Engaging
in a Pattern of
Corrupt
Activity,
Conspiracy to
Commit Felony
Drug
Trafficking,
Theft, Identity
Fraud,
Tampering with
Records and Drug Trafficking, Forfeit Bank Account - 3
Lover, Thomas Scott Money Services Not Years Incarceration and
DC Westside Medical Provider Cuyahoga Laundering Rendered $191,000.00 Restitution
American Scrap
Tire Recyclers Failure to Failure to Pay
Schroll, Sanford dba Perfect Mulch Employer Ashtabula Comply BWC Premiums $0.00 Fine
Workers'
Compensation Working While 6 Months Suspended for
Fejes, Michael Claimant Franklin Fraud Receiving $9,994.32 Repayment of Restitution
Workers' 10 Days Incarceration
Compensation Working While Suspended, Fine and Court
Bugala, Michael A. Claimant Franklin Fraud Receiving $5,045.14 Costs
Attempted
Workers' 3 Months Suspended
Compensation Incarceration, Fine and
Stumpff, James E. Claimant Montgomery Falsification Fraud (M1) $0.00 Court Costs
Fine $100 and Costs, 10 Days
Failure to Failure to Pay Jail Suspended, 12 Months
Bailey, Michael Bailey's Café Employer Guernsey Comply BWC Premiums $0.00 Supervision
31
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
32
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Workers'
Compensation Working While 5 Years Community Control,
Bayer, Dennis Claimant Franklin Fraud Receiving $30,858.28 Court Costs and Restitution
Workers'
Compensation Working While 5 Years Community Control
Gibson, William Claimant Franklin Fraud Receiving $9,972.00 and Restitution
Failure to Failure to Pay
Monroe, Timothy Claimant Champaign Comply BWC Premiums $0.00 Fine $35.00 and Court Costs
Attempted
Workers'
Compensation Working While 5 Years Community Control,
Routh, Robert C. Claimant Erie Fraud Receiving $30,000.00 Court Costs and Restitution
33
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Shamrock Workers'
Inspection & Loss Compensation Failure to Pay Court Costs of $267.00 and
Devine, Jennifer Control Employer Franklin Fraud BWC Premiums $0.00 Fine
Bishop Motor Failure to Failure to Pay 60 Days Suspended, 1 Year
Bishop, Tom Car, Inc. Employer Licking Comply BWC Premiums $0.00 Probation and Fine
Workers'
Compensation Working While
Manz, Brian J. Claimant Franklin Fraud Receiving $3,890.00 Court Costs appx. $200
Working While
Workers' Receiving - 5 Years Community Control,
Compensation Failure to Report Restitution, 29 Days Jail
Norton, Dennis A. Claimant Franklin Fraud Wages $38,362.22 Time Credit Granted
90 Days Incarceration, 6
Failure to Altered BWC Months Suspended, Fine
Vance, Larry Larry Vance Co. Claimant Cuyahoga Comply Certificate $0.00 and Court Costs
Allegedly
withdrawing
BWC funds from
his deceased 6 Months Incarceration,
father's bank $2,500 Fine, Court Costs and
Massey, Frank Claimant Cuyahoga Forgery account. $12,745.00 Restitution
Workers'
Compensation Working While 5 Years Community Control,
Conti, John Claimant Franklin Fraud Receiving $19,577.00 Court Costs and Restitution
34
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Workers'
Compensation Working While $150 Fine and court Costs,
Yoder, Celia J. Claimant Franklin Fraud Receiving $14,970.30 Sentence Suspended
Altered BWC
Tampering Certificates
w/Records and showing he had
Mueller Tree Failure to BWC Coverage
Mueller, Matthew M. Service Misc. Summit Comply and he did not. $0.00 2 Years Community Control
Workers'
Compensation Working While Court Costs, Restitution Pd.
Young, Charles R. Claimant Franklin Fraud Receiving $2,662.71 Prior to Sentencing
30 Days Incarceration
Suspended, $150 Fine &
Court Costs Suspended,
Working While Restitution paid prior to
Kelly-Timmins, Tina Claimant Franklin Falsification Receiving $1,646.28 sentencing.
Workers'
Compensation
Fraud and Working While
Failure to Receiving/Failur
Weems, Kenneth L. Claimant Franklin Appear e to Appear Dismissed August 4, 2005
35
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
11 Months Incarceration
Workers' Suspended for 2 Years
Compensation Working While Community Control and
Fout, Aaron T. Claimant Franklin Fraud Receiving $1,382.40 Restitution
Workers'
Compensation Working While
Gurish, Mark Claimant Cuyahoga Fraud Receiving $0.00 Fine and Court Costs
6 Months Incarceration
Workers' Suspended, 3 Years
Compensation Working While Community Control and
Thomas, Russell Claimant Franklin Fraud Receiving $55,136.99 Restitution
Forged 2 BWC
Attempted certificates of 90 Days Incarceration
Forgery and Workers' Suspended for payment of
Failure to Compensation Court Costs and inactive
Zahn, Daniel Claimant Cuyahoga Comply coverage. $17,080.00 probation and Restitution.
36
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Workers'
Compensation Working While 6 Months Incarceration and
Costilla, Gilberto Claimant Franklin Fraud Receiving $1,184.10 Restitution
Living
Maintenance
Wage Loss
Workers' benefits paid
Compensation when target
Fraud and essentially not 5 Years Community Control,
Aduddell, Keith Claimant Franklin Forgery working. $32,468.63 Court Costs and Restitution
37
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Workers'
Compensation Working While 60 Months Community
Maybrier, Harold Claimant Franklin Fraud Receiving $12,169.69 Control and Restitution
Hometown Grills
Inc. aka Failure to Failure to Pay
Kiihr, Timothy Westerville Grille Employer Franklin Comply BWC Premiums $0.00 5 Years Community Control
Apple of God's
Eye Christian Failure to Failure to Pay
Stover, Olive Daycare Employer Franklin Comply BWC Premiums $0.00 Fine/Costs Suspended
90 Days Incarceration
Workers' Suspended, 1 Year
Compensation Working While Probation, Court Costs and
McCormack, Lori Claimant Franklin Fraud Receiving $4,517.89 Restitution
Falsifying C-84s
Workers' to get temporary
Compensation total disability 5 Years Community Control,
Bertram, Debora S. Claimant Franklin Fraud benefits. $6,603.11 Restitution and Court Costs
BWC claimant
submitted false
wage information
and
misrepresented
Workers' the status of his
Compensation business in order 5 Years Probation and
Campbell, Mark S. Claimant Franklin Fraud to receive WL. $22,342.86 Restitution
Workers'
Compensation 1 Year Community Control,
Murphy, Delores Claimant Cuyahoga Fraud False Claim $1,648.69 Court Costs and Restitution
38
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
Botanical Arts
Lawn & Failure to Failure to Pay
Ramsdell, Seth Landscape Employer Lucas Comply BWC Premiums $0.00 Costs $79.00
39
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
A deceased
Widow/Death
Benefit recipient's
son forged his
deceased
mother's name
Workers' and cashed BWC
Compensation warrants after her 5 Years Probation and
Lovsey Warren V. Claimant Franklin Fraud death. $14,630.00 Restitution
Workers'
Compensation Working While 25 Hrs. Community Service
Layne, Brian M. Claimant Franklin Fraud Receiving $1,481.14 and Fine
Shawn's Place dba Failure to Failure to Pay Fine $150, Costs $98, 30
Hoeph, Shawn Italiano's Pizza Employer Stark Comply BWC Premiums $0.00 Days Jail Suspended
Failure to
Comply and Fine Suspended, Court Cost
Harlow-Wentland, Tina Passing Bad Failure to Pay Suspended and 6 Months
M. Employer Lucas Checks BWC Premiums $0.00 Probation
40
Attachment C
WORKERS' COMPENSATION FRAUD UNIT CONVICTIONS IN CALENDAR YEAR 2005
Restitution
Person Convicted Employer Type County Offense Allegation Ordered Sentence
41
Ohio Attorney General Jim Petro
Health Care Fraud Section
150 East Gay Street 17th Floor
Columbus, Ohio 43215
Telephone 1-800-64-ABUSE
or 1-800-642-2873
E-mail: fraud-abuse-reporting@ag.state.oh.us
http://www.ag.state.oh.us