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False Claims Act: United States ex rel. Veltz v. Allegany Rehabilitation Associates Inc.
U.S. District Court, Western District of New York False Claims Act Medicaid — Subject Matter Jurisdiction United States ex rel. Veltz v. Allegany Rehabilitation Associates Inc. 01-CV-190 Judge Skretny Background: In this qui tam action, the government and the relator, David A. Veltz, allege that defendant Allegany Rehabilitation Associates Inc., submitted fraudulent claims for Medicaid […[...]
Medicaid: Matter of Balzarini v. Suffolk County Department of Social Services
New York State Court of Appeals Medicaid Spousal Impoverishment Matter of Balzarini v. Suffolk County Department of Social Services No. 17 Appealed from the Second Department Background: In this appeal, the issue before the court is whether the meaning of “exceptional circumstances” causing “significant financial distress” within the context of the joint federal-state Medic[...]
Cuomo to present dreaded 2011-12 state budget
ALBANY — Gov. Andrew Cuomo will propose a 2011-12 budget of pain. A state official with knowledge of a private meeting between Cuomo and legislative leaders Monday night said Cuomo is considering cuts of 2 percent to 3 percent in school aid ...
Nonprofits brace for budget cuts
Walter W. Stockton, CEO of Manorville-based Independent Group Home Living, believes his group dodged a bullet last year when it experienced only a small cut in Medicaid funding, including allowances for inflation.
Medicaid: United States ex. rel. Blundell v. Dialysis Clinic Inc.
U.S. District Court, Northern District of New York Medicaid Fraud — Overpayments — Qui Tam Actions United States ex. rel. Blundell v. Dialysis Clinic Inc. 09-CV-710 Judge Mordue Background: On June 22, 2009, plaintiff Paul Blundell filed this qui tam action under seal in accordance with the provisions of the False Claims Act as a […]
AG reaches $18 million settlement
Attorney General Eric T. Schneiderman has reached a settlement with Young Adult Institute Inc. organization officials Philip H. Levy and Karen Wegmann, and former CEO Joel M. Levy, resolving allegations that they defrauded the Medicaid program.
Medicaid: Matter of Dickinson v. Daines
New York State Court of Appeals Medicaid Eligibility — Hearing and Determination Matter of Dickinson v. Daines No. 195 Appealed from the Fourth Department Background: The issue on appeal is whether a violation of a regulatory deadline for rendering a decision after a fair hearing requires the state to pay Medicaid benefits to a person […]
Hard times worsen state’s deficit, more seek Medicaid
ALBANY — New York's hard times just got harder. The administration of Gov. David Paterson on Thursday said closing the latest deficit may require cuts of perhaps 1 percent in every area including a midyear cut in school aid.
Faulty software cost state $114M
New York State paid $114 million in excessive Medicaid bills largely due to an ineffective claims processing software that failed to detect problems, according to an audit by the New York State comptroller.
Public Health Law: The Brightonian Nursing Home v. Daines
Monroe County Supreme Court Public Health Law Nursing Homes — Medicaid The Brightonian Nursing Home v. Daines 2009-13213 Judge Rosenbaum Background: Monroe County Supreme Court Judge Rosenbaum ruled New York State Public Health Law §2808(5)(c) unconstitutional due to its effect on the due process rights of nursing home owners who are unable to withdraw equity […]
Medicaid funeral loophole closed
When someone passes away, there are many questions left unanswered, none more important than who will arrange the funeral and be held responsible for the ever increasing expenses. Since 1997, however, more and more individuals ...
Audit: Medicaid overpays for dental care
The New York State Medicaid program overpaid for dental cleanings and oral examinations by more than $40 million from 2004 to 2009, according to an audit by New York State Comptroller Thomas DiNapoli.
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
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