|
|
|
Monday, December 23, 2019
Happy Holidays from the South Bronx - Third Avenue Business Improvement District
VISION ZERO: DE BLASIO ADMINISTRATION ANNOUNCES NEW CRACKDOWN ON DANGEROUS DRIVING DURING THE HOLIDAYS AND LOWER SPEED LIMIT ON TWO OF BROOKLYN’S BUSIEST STREETS
Expanded enforcement during holidays; new 25 MPH speed limit along Third and Hamilton Avenues in Brooklyn
Today, de Blasio Administration officials came together in Queens to announce increased traffic enforcement during the holiday season, and that the City will lower the speed limit from 30 MPH to 25 MPH along Third and Hamilton Avenues in Brooklyn starting next month. The period around Christmas and New Year’s Day, the darkest days of the year, has also generally been among the deadliest of the year on city streets. Officials also issued an update on traffic fatality trends for 2019: despite setbacks, this year is on track to conclude as the second-safest in New York City’s recorded history.
“While we’ve made tremendous progress over the past six years with Vision Zero, there is still undoubtedly more work to do to make our streets safer,” said Mayor Bill de Blasio. “The recent traffic fatalities have made us even more determined to keep Vision Zero moving forward. We’re increasing our traffic enforcement efforts and lowering the speed limit on two of Brooklyn’s busiest streets to ensure that all New Yorkers arrive home safely for the holidays.”
“Any life lost is a tragedy, and while we continue to build off the progress from Vision Zero, this year’s challenges reminded us of the work still to be done,” said Deputy Mayor Laura Anglin. “During this final week of 2019, which has historically proven to be one of the most dangerous times of the year, we will be cracking down on dangerous drivers so that everyone can get home to their families for the holidays.”
The Administration, in response to the recent 6 traffic fatalities, announced expanded enforcement efforts, both via the NYPD and through automated enforcement.
Dusk and Darkness, cont’d: The period between Christmas and New Year’s Day, among the darkest weeks of the year, is also usually among the deadliest of the year for pedestrians. In 2018, five people – including four pedestrians—were killed from December 23 to 31. This coming week, as part of its Dusk and Darkness campaign, NYPD will be expanding their enforcement efforts to ensure the streets are safe for pedestrians, cyclists and drivers.
Expanded Truck Enforcement: With increasing number of crashes in 2019 involving cyclists and pedestrians being struck by trucks, the NYPD has increased enforcement against commercial trucks to ensure these vehicles are following all traffic laws.
A Safer 25 MPH speed limit on Third Avenue and Hamilton Avenue in Brooklyn: Following 6 fatalities in 2019, DOT will lower the speed limit from 30 MPH to 25 MPH along Third Avenue from Prospect Ave to 62nd St (2.3 miles), and Hamilton Ave from Luquer St to 18th St (1.9 miles), in January 2020.
More life-saving speed cameras: After a new and stronger speed camera law was enacted in Albany and took effect on July 11th, DOT has continued its unprecedented expansion of cameras. As 2019 ends, DOT has 364 camera zones now in operation, up from 140 at the beginning of 2019, and will expand cameras at a pace of 60 zones per month in the coming year. The agency is on pace to meet the Mayor’s goal of reaching each of the law’s maximum 750 school zones by next summer.
“We had a difficult and challenging year under Vision Zero, and as 2019 comes to a close, we want to make sure that this holiday season is a joyous and safe one for all New Yorkers,” said NYC DOT Commissioner Polly Trottenberg. “We have grieved at the loss of life on our streets this year, particularly along Third Avenue, which has seen six fatalities this year as opposed to two in 2018. The Mayor has asked DOT and NYPD to take aggressive action on this corridor with its challenging mix of residential and industrial uses and heavy traffic on and off the Gowanus Expressway. We believe that lowering the speed limit along Third and Hamilton Avenues, coupled with strong enforcement, will help calm traffic in the burgeoning neighborhoods of Gowanus, Red Hook and Sunset Park. In 2020, DOT will also install additional roadway engineering and capital improvements to help make this challenging corridor even safer.”
“As the start of 2020 approaches, the NYPD renews its commitment to protecting all New Yorkers from dangerous driving behaviors,” said NYPD Chief of Transportation William Morris. “The vision of New York as a city where all members of the community, and particularly bicyclists and pedestrians, can use roads safely without the threat of death or injury remains as compelling as ever. We will continue to work closely with our Vision Zero partners to ensure the successful implementation of the Green Wave Plan.”
Administration officials today also noted the notable Vision Zero trends of 2019:
Traffic fatalities increased for first time since Vision Zero began in 2014, but 2019 will likely be New York City’s second safest year: As of December 22, traffic fatalities are now at 215, more than the 203 recorded in all of 2018, New York City’s safest-ever year – with a year-to-year rise in fatalities of below 10 percent. Under current trends, 2019 is likely to end as the second-safest year in the City’s recorded history. Six of the seven safest years for traffic fatalities have occurred since New York City became the first American city to institute Vision Zero in 2014.
Pedestrian deaths in NYC continue to hold steady, but more SUVs/light trucks on the road create challenges: After a dramatic decline in pedestrian fatalities two years ago (when fatalities fell from 148 in 2016 to 108 in 2017), NYC pedestrian fatalities have remained at about the same level: 117 as of December 22 compared to 115 in all of 2018. Nationally, pedestrian fatalities have risen every year for the last decade, a change that has been partially attributed to the increased share of SUVs/light trucks, which are deadlier to pedestrians and cyclists in crashes. This year, DOT released new data showing that the share of deadly crashes involving SUVs/light trucks rose from 40% in 2013-17 to 46% since the start of 2018.
Cyclist deaths were up, but motorcyclist deaths were down: After a record-low year for bicycle fatalities in 2018 (10 fatalities), bicycling deaths in New York City increased in 2019 by the largest margin of any travel mode. To date this year, 28 cyclists have been killed, the most of any year since 1999. Meanwhile, motorcyclist fatalities have declined from 40 last year to 25 so far this year.
Sharp increase in Brooklyn cyclist fatalities: Of the 28 cyclist deaths in 2019, 17 happened in Brooklyn. In 2018, Brooklyn saw only 2 cyclist fatalities.
Borough breakdown: safest-year ever in the Bronx: The Bronx saw the safest year in its recorded history, with 27 fatalities thus far in 2019, compared to 38 last year. (Its previous record low was 32 in 2007.) Staten Island, which had its safest-ever year last year (with 7 fatalities) has seen its second-safest year in 2019 with 8 fatalities thus far. In Manhattan and Queens, fatality trends were largely unchanged, with only Brooklyn seeing a notable increase.
Agency officials also pointed today to a number of major initiatives undertaken by Vision Zero Task Force agencies in 2019:
Major projects for pedestrians: Noting the increased fatalities of the last few weeks, DOT has committed to studying and addressing immediate safety fixes along corridors and at intersections where those traffic fatalities occurred. Other streets have been identified for major safety upgrades in the next year are Northern Boulevard and Queens Boulevard, both identified for safety upgrades in the updated Borough Pedestrian Safety Action Plans, released by the Mayor last February. Meanwhile, the new Glacier Rock Pedestrian Space in Long Island City is among dozens of projects that DOT undertook in 2019 that offer safety benefits to pedestrians. Other major successful projects in 2019, some in partnership with NYPD, included new-shared streets in downtown Brooklyn and Lower Manhattan; the expansion of pedestrian space along 8th Avenue in Midtown and the increased pedestrian space around Rockefeller Center for the holiday season.
Green Wave, making cycling safer: In July, in response to the upturn in cyclist fatalities, the de Blasio Administration released its Green Wave plan to dramatically expand cycling infrastructure. DOT crews had installed 21.4 miles of new protected bike lanes (PBLs) for 2019, including the Administration’s 100th PBL mile along Fountain Avenue in East New York, Brooklyn. Under the Green Wave and with the enactment of the Safe Streets Master Plan, DOT expects to install 60 additional miles of protected bike lanes by the end of 2021 (30 miles in each of the next two years) – increasing the size of New York City’s on-street protected bike lane network by 60%. Among major protected bike lane projects completed in 2019: Central Park West, 11th Avenue, 52nd and 55th Streets in Manhattan; 4th Avenue and 7th Avenue in Brooklyn; and Willis Avenue in the Bronx. For the first time during UN General Assembly week in September, the NYPD and DOT also partnered to maintain uninterrupted PBL access along First and Second Avenues.
Better Buses: As part of the Administration’s Better Buses plan, DOT made street improvements that improve bus speeds, but those changes have also been shown to increase safety for all street users. Among the major projects undertaken in 2019 were Manhattan’s 14th Street busway, as well as Brooklyn’s Church Avenue and Fresh Pond Road in Queens, congested streets where new bus lanes were added.
Safe Fleet Transition Plan: DCAS is purchasing vehicles with improved safety features, including automatic braking, back-up cameras, driver alerts, designs that improve driver visibility, heated mirrors, and other technologies that monitor speeding and instances of reckless driving. DCAS also leads the country in installing side-guards, barriers that prevent vehicles and cyclists from sliding under large trucks during side-impact collisions. To date, 2,700 vehicles have been equipped with side-guards and more are being added every day.
TLC: The TLC connected drivers and bicyclists in its first Bike Ride and Discussion event this June. Drivers rode on Citi Bikes through Brooklyn with cyclist advocates, followed by a discussion of the experience, challenges they encountered, and safe ways to share the road. In addition, the TLC distributed over 32,000 "Look for Cyclist" stickers to driver centers across the city. Our annual Honor Roll this year recognized 433 drivers, of which 101 were repeat honorees. Over 11,000 drivers received Vision Zero education in 2019, and the TLC has held a total of 661 driver outreach meetings since 2014. The TLC also increased its enforcement in 2019 around unsafe driving behaviors, such as illegal street hails, speeding, failure to yield, and stop sign violations.
Commercial Waste Collection Reform: In past years, progress on Vision Zero has been hindered by the continued high number of fatalities caused by collisions with private carting trucks -- including eight such deaths in 2019. The plan enacted by the City Council in 2019 will dramatically reduce the number of vehicle-miles traveled by these trucks, and also gives the Business Integrity Commission (BIC) new regulatory powers -- including requirements for safer driving practices among carting drivers.
New Mayoral Vision Zero website: This week, the Mayor’s Office of Operations has unveiled a new and improved website that will help track and measure progress of Vision Zero initiatives. Please see ww.nyc.gov/visionzero.
“This year we have seen an increase in pedestrian and cyclist deaths across the City. We have also made many strides to make our streets safer for all New Yorkers. We have drastically increased speed cameras around school zones as well as the number of protected bike lane miles across the City,” said Council Member Ydanis Rodriguez, Chairman of the Transportation Committee.
EDITOR'S NOTE: We left in the comment from the City Council Traffic & Transportation Chair, because he and the city council have been ineffective going against drivers while not educating pedestrians to also be careful as was done in previous administrations. Cameras do not take bad drivers off the road, police officers do.
Drivers have to watch out for not only other vehicles, but pedestrians darting out from anywhere (even from behind large parked trucks) expecting the driver to see them and then stop so they can cross the street anywhere. Then there are the bike and E-Bikes riders who ignore traffic signals or signs, some with no lights or reflectors at night.
MORE CARE, MORE SUPPORT: CITY UNVEILS PUBLIC SAFETY AND PUBLIC HEALTH REFORMS
Recommendations set forth by the Health Department and NYPD will provide new ways for City agencies to reach the narrow population of New Yorkers with untreated mental illness who may pose a danger to themselves or others
The de Blasio administration announced today that it will strengthen and expand its approach to supporting the narrow population of New Yorkers with untreated serious mental illness who pose a risk for violent behavior. City agencies will work together to refer more New Yorkers to treatment and keep them engaged in the right level of care—ensuring that no person in need falls through the cracks. This commitment stems from a 30-day review led by the Health Department and the NYPD.
“We have an obligation to address our broken mental health system and do all we can to connect people who are struggling to treatment,” said Mayor Bill de Blasio. “That includes the small percentage of those with mental illness that, left untreated, are at risk of committing violence against themselves or others. These reforms will keep our neighborhoods and city streets safe, ensuring that no New Yorker in need falls through the cracks.”
To address the broken state of our mental health system at the state and federal level, the de Blasio Administration has pledged historic investments in programs and services. Hundreds of thousands of New Yorkers who have mental health needs are successfully treated in the community each year. Over the last few years the City has created new programs to connect even more New Yorkers in need to treatment. Additionally, to reach the narrow population of New Yorkers with untreated serious mental illness who also pose a concern for violent behavior, the City created NYC Safe in 2015. NYC Safe a network of intensive mental health intervention programs for people with untreated serious mental illness who pose a risk of violence and whose care requires close coordination between City services. The program is overseen by a team at the Department of Health and Mental Hygiene that triages cases and connects high-risk individuals with treatment and follow up.
In 2016, the City launched new mobile mental health treatment teams, which provide intensive, ongoing clinical care to people in their communities, in addition to Co-Response Teams, which are comprised of a mental health professional and police officers who proactively engage clients with serious mental health needs and demonstrated violence, connecting them to care and other stabilizing supports such as housing or family.
Through a new, $21 million investment, the City will fund $9.4 million for the Health Department to expand its mobile treatment teams with the goal of connecting more New Yorkers to intensive mental health services and resources. In addition to offering intensive mental health services through the mobile treatment teams, the increased funding will permit the hiring of additional social workers, housing specialists, and legal assistance services to ensure those who are currently undergoing intensive mental health treatment receive comprehensive support.
The Administration will also invest $11 million in Health + Hospitals to create hospital-based outreach teams to coordinate care for people who frequent emergency rooms and other acute care settings. Through this effort, it is estimated that emergency room visits made by this population would decrease by 10%.
As a result of the Review, the City will make the following reforms to reach the narrow population of New Yorkers with untreated mental illness who may pose a danger to themselves or others:
Improve communication between agencies and the process of referring New Yorkers to treatment:
- Train more city agency staff that come into contact with people who have serious mental illness – such as the Department of Homeless Services and Health + Hospitals – to refer these individuals for intensive mobile treatment.
- Deploy NYPD resources to increase referrals to the Triage Desk, which sends both Co-Response Teams and Health Engagement and Assessment Teams (HEAT) to assist those in need of mental health interventions.
- The city will share data related to high-risk individuals to enhance PSYCKES, a web based application developed by the NYS Office of Mental Health (OMH) and widely used by hospitals and outpatient providers. The city and OMH will also collaborate on the development of new PSYCKES features for providers to support identification and care coordination for vulnerable high risk individuals.
Connect more New Yorkers to the right level of treatment:
- Create an interagency coordination team between the Department of Homeless Services and Health + Hospitals to ensure smooth transfer between agencies for people who are experiencing homelessness. The coordination begins prior to hospitalization and continues throughout the hospital stay.
- Immediately hire additional staff at the Health Department to process the 20% expected increase in mental health referrals as a result of the strategies announced today and make assignments to appropriate level of care. This will result in approximately 900 additional people each year receiving the treatment they need.
- Make it easier for intensive treatment teams to visit clients in correctional facilities.
Actively engage New Yorkers who drop out of treatment to keep them in care:
· Provide NYPD Officers with notice of individuals with AOT orders who have dropped out of court mandated treatment so that when an officer encounters them, they will be brought to a hospital. Additionally, NYPD will develop a protocol to transport people with AOT warrants to hospitals, as required by law, so they can be assessed and reconnected to treatment.
· Convene care conferences to ensure individuals in homeless shelters stay connected to treatment.
· The Health Department will review information with the Department of Homeless Services, NYPD, Health + Hospitals, and the Department of Correction to determine whether anyone who has been missing from treatment has had contact with any of those agencies to help reconnect them to care.
· Revise the Riker’s release process to increase successful connections to a treatment team at time of release.
· Increase Kendra’s Law applications to courts for review, and explore critical, legislative changes to state law to maximize the use of Assisted Outpatient Treatment (AOT):
· Nearly 2,500 individuals were mandated to Assisted Outpatient Treatment (AOT under Kendra’s Law) last year, a 27% increase since the beginning of this administration. The proposed changes would build on this approach, and ensure that the narrow population of individuals who may pose a threat to themselves or others remain connected to treatment.
The agencies involved in the initial review – DOHMH, NYPD, H+H, DHS, FDNY, NYPD and the Mayor’s Office of ThriveNYC– will continue exploring ways to improve how people with serious mental illness are connected to care.
“Our commitment to mental health for all demands that we reach New Yorkers living with the most serious mental illness to ensure they are meaningfully connected to care and treatment,” said Deputy Mayor for Health and Human Services Dr. Raul Perea-Henze. “This approach takes deeper collaboration across City government and strategic investments to ensure access to care for all those who need it.”
“People with serious mental illness are our neighbors, friends, and family and they deserve support instead of stigma,” said Health Commissioner Dr. Oxiris Barbot. “We want New Yorkers in need to be able to easily connect to the right level of treatment in their communities where they can remain connected to their families and other support networks.”
“NYPD officers ensure the safety of every New Yorker in every neighborhood across the five boroughs,” said Chief of Department Terence Monahan. “They are well trained and equipped to connect people with mental illness to the proper services they deserve. Working alongside our partner agencies we remain committed to our mission of helping every person we proudly serve.”
“Our City is committed to connecting our neighbors experiencing significant challenges with the help and support they need to find stability,” said Social Services Commissioner Steven Banks. “Through close partnerships, innovative approaches, and new proactive interventions, we will continually enhance our efforts to support New Yorkers in need, from addressing housing crises to resolving mental health challenges through a holistic range of services. As we all work together to close gaps in programs and strengthen our safety net for all, we are determined to keep doing better by those we serve, as well as those who may need our services, but may not be ready to accept assistance yet.”
“As we strengthen our support and safety net system for people with serious mental illness, a coordinated approach to behavioral health care is critical,” said Mitchell Katz, MD, President and CEO of NYC Health + Hospitals. “Constant communication between all agencies who serve this population, will ensure that they receive the necessary care and services they need and deserve.”
EDITOR'S NOTE:
We intentionally left out the comments of the few elected officials the mayor could get to praise these recommendations, and they are recommendations not new policy which the new mayor who was very vocal at the time he was Public Advocate should have done in at least his second or third year, not in his sixth year as mayor.
A mayor who was a city councilman for eight years, and then Public Advocate for only four years should know what New York City needs in his run for mayor of the city. Does it take this mayor ten years to find out the real problems of the city he has now run for six years as mayor, and four years as Public Advocate?
A Holiday Message from Fernando Aquino
Dear Friend,
I hope this message finds you and your loved ones in good health as you enjoy the holiday season. I would like to begin by thanking all of you for the outpouring of support for my candidacy for NYC Council District 14 in the Bronx. I feel lucky to call this district home. I look forward to meeting and hearing from more of you in the upcoming year.
As we say goodbye to 2019 with gratitude, and celebrate our lives with friends and family, let us move forward together with clarity of purpose. May we open our hearts and minds to welcome this new year with the love,energy and decisiveness needed to improve our communities.
Let us stand in solidarity with those who are suffering during this holiday season and offer big and small acts of kindness wherever we can. May our faith in peace and justice provide us with the strength to use all the tools necessary to make this a better world.
Happy Holidays! Good health and success in 2020, and beyond!
MAYOR DE BLASIO APPOINTS LEADERSHIP TEAM FOR THE FOURTH NEW YORK CITY PANEL ON CLIMATE CHANGE
Group of independent, expert scientists to advise on climate risks and lead development of new assessment report building on prior research
Today, Mayor de Blasio announced the leadership team for the fourth New York City Panel on Climate Change (NPCC). This team consists of a diverse and distinguished group of academics, researchers, and practitioners with expertise in the disciplines of climate science, environmental studies, demography, urban planning, architecture, and design. Effective today, Deborah Balk, Christian Braneon, Robin Leichenko, Richard Moss, and Joel Towers will join the NPCC, where they will oversee the selection of the full panel and lead the development of the NPCC4 assessment report.
“I am confident that this diverse and talented leadership team will fight to protect all New Yorkers from the effects of global warming,” said Mayor Bill de Blasio. “With expertise in climate science, environmental studies, demography, urban planning, architecture, and design, this team will ensure that we are looking at every possible way we can make New York City more resilient.”
The NPCC is an independent body that analyzes climate risks to New York City and advises on resiliency and adaptation to help ensure the city is prepared to withstand and emerge stronger from the multiple impacts of climate change.
“This diverse and highly credentialed leadership team will play a pivotal role in creating a more resilient New York City. Their formidable expertise will be invaluable as the City continues to urgently prepare for a warmer and more volatile world,” said Jainey Bavishi, Director of the Mayor’s Office of Resiliency. “We look forward to completing our inclusive process for appointing the rest of the NPCC early next year and encourage qualified individuals from all disciplines to respond to the Call for Nominations by the January 13th deadline.
The NPCC is responsible for producing science on current and projected climate trends for the NYC metropolitan area. Climate projections are the foundation of the City’s adaptation planning. For example, they are used in the engineering and design of coastal resiliency projects and help to prioritize the City’s adaptation investments.
Past NPCC work has also yielded important information on direct and indirect impacts from climate change including recurring “sunny day” flooding events, the impact of heat waves on public health, and ways to combat social vulnerability by incorporating equity into adaptation planning. This information has contributed to the development of New York City’s multi-hazard adaptation strategy, which includes over $20 billion of investments and major coastal resiliency projects in all five boroughs.
The call for nominations for the remaining 15 members of the NPCC has been extended through January 13th, 2020. Nominations can be submitted at https://www1.nyc.gov/site/orr/
In early 2020, the leadership team will review these submissions and make recommendations to the Mayor for the remaining appointments to complete the panel.
The NPCC will then undertake the development of its fourth assessment initiative, with the goal of releasing the first in a series of NPCC4 products starting in late 2021.The NPCC’s fourth assessment will meet the requirements of local law and the evolving needs of the public good by enhancing the City’s understanding of and response to impacts and vulnerabilities, as well as assessing the state of adaptation to potential climate impacts.
“New York City is a world leader in preparing for climate change. With NPCC 4, that tradition promises to continue by incorporating a much deeper analysis of vulnerability, impacts, and adaptation, and by bringing even more stakeholders into the process. I’m honored to part of the NPCC leadership team,” said Deborah Balk.
“Cities have a critical role in the global response to climate change. I am extremely pleased to serve alongside this dynamic group of professionals as New York City continues to lead through inclusive climate action and climate-smart planning,” said Christian Braneon.
“Prior NPCC assessments established New York City as a global leader in urban climate adaptation planning. I look forward to building upon this foundational work to identify transformative opportunities that prepare the city for climate change and are also attentive to issues of equity and long-term sustainability," said Robin Leichenko.
"Cities and states around the country are taking up the slack in federal government climate policy. New Yorkers can be proud of the leadership of Mayor de Blasio and his administration. Looking to the future, the impacts of climate change are just beginning and will get more severe. Like other cities, New York needs more information to guide operations, planning, and investments. I look forward to working with other members of the NPCC to provide trustworthy, actionable climate science to guide the City to a resilient and sustainable future," said Richard Moss.
“Climate change underlies a paradigm shift in how to think about, design, and construct the city. The NPCC is critically important to understanding the nature of this change and assuring a just and prosperous transition. I am honored to join my colleagues in this work,” said Joel Towers.
“As the founding Co-Chairs of the NPCC we are excited to see the City of New York continuing the process to construct new climate knowledge that will further help effective and equitable public policy action at the city and neighborhood scale,” said Cynthia Rosenzweig and William Solecki, Founding Co-Chairs of the NPCC
DC37 Endorses Michael Blake for Congress
Michael Blake for Congress
I am thrilled to announce that we have won the endorsement of DC37 for standing as a dedicated ally of labor and pledging to protect unions so they can continue to provide critical services for their constituents.
DC37 is a division of the American Federation of State, County and Municipal Employees (AFSCME) and is the largest public employee union in New York City, representing 150,000 members, including 9,000 crossing guards, social workers, and accountants, among others, within New York’s 15th District.
You can’t ignore a union that has 9,000 members in the congressional district and 125,000 members in the city.
In Solidarity,
Michael Blake for Congress
Sunday, December 22, 2019
Federal Health Care Fraud Takedown in Northeastern U.S. Results in Charges Against 48 Individuals
Three Plead Guilty to One of Largest Health Care Fraud Schemes Prosecuted Involving Fraudulent Telemedicine Networks Targeting Elderly Patients Nationwide
The Justice Department announced a coordinated health care fraud enforcement action across seven federal districts in the Northeastern United States, involving more than $800 million in loss and the distribution of over 3.25 million pills of opioids in “pill mill” clinics. The takedown includes new charges against 48 defendants for their roles in submitting over $160 million in fraudulent claims, including charges against 15 doctors or medical professionals, and 24 who were charged for their roles in diverting opioids.
In addition to the new charges, today’s enforcement action also includes the guilty pleas of three corporate executives, including the Vice President of Marketing of numerous telemedicine companies and two owners of approximately 25 durable medical equipment companies, for their roles in causing the submission of over $600 million in fraudulent claims to Medicare. This is one of the largest health care fraud schemes ever investigated by the FBI and the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and prosecuted by the Department of Justice, which previously resulted in charges against 21 other defendants. The enforcement action also includes three additional recent guilty pleas by other defendants. In addition, the Centers for Medicare & Medicaid Services, Center for Program Integrity (CMS/CPI) announced today that all appropriate administrative actions would be taken based on these charges. As part of the announcement in April, CMS/CPI announced that it took administrative action against 130 DME companies that submitted over $1.7 billion in claims to the Medicare program.
Today’s enforcement actions were led and coordinated by the Health Care Fraud Unit of the Criminal Division’s Fraud Section in conjunction with its Medicare Fraud Strike Force (MFSF), as well as the U.S. Attorney’s Offices for the District of New Jersey, Eastern District of Pennsylvania, Western District of Pennsylvania, Eastern District of New York, Western District of New York, District of Connecticut and District of Columbia. The MFSF is a partnership among the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, IRS-Criminal Investigations (IRS-CI), Department of Defense-Defense Criminal Investigative (DoD-DCIS), Food and Drug Administration-Office of Inspector General (FDA-OIG), U.S. Postal Service-Office of Inspector General (USPS-OIG), the Medicaid Fraud Control Unit and other federal and state law enforcement agencies participated in the operation.
The charges and guilty pleas announced today continue to target corporate health care fraud involving fraudulent telemedicine companies and the solicitation of illegal kickbacks and bribes from health care suppliers in exchange for the referral of Medicare beneficiaries for medically unnecessary durable medical equipment and other testing. The charges also involve individuals contributing to the opioid epidemic, including medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the Centers for Disease Control, approximately 115 Americans die every day of an opioid-related overdose.
Today’s arrests and guilty pleas come one-year after the Department of Justice announced the formation of the Newark/Philadelphia Regional Medicare Fraud Strike Force, a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section, the U.S. Attorney’s Offices for the District of New Jersey and the Eastern District of Pennsylvania, as well as law enforcement partners. The Strike Force focuses its efforts on aggressively investigating and prosecuting complex cases involving patient harm, large financial loss to the public fisc, and the illegal prescribing and distribution of opioids and other dangerous narcotics.
“Physicians and other medical professionals who fraudulently bill our federal health care programs are stealing from taxpayers and robbing vulnerable patients of necessary medical care. The medical professionals and others engaging in criminal behavior by peddling opioids for profit continue to fuel our nation’s drug crisis,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The Department of Justice will continue to use every tool at our disposal, including data analytics and traditional law enforcement techniques, to investigate, prosecute, and punish this reprehensible behavior and protect federal programs from abuse.”
“As today’s takedown demonstrates, this Strike Force has produced precisely what we hoped it would – and by that I mean tangible results,” said U.S. Attorney William M. McSwain of the Eastern District of Pennsylvania. “We have brought together a wealth of resources, knowledge, and subject-matter expertise – that of health care fraud prosecutors, civil enforcement assistant U.S. attorneys, data analysts, and law enforcement agencies – all working to stop fraud, waste, and abuse within our federal health care programs and to stem the tide of illegal opioid distribution. These are top priorities of the Department of Justice and my Office, and our focus in this area continues to pay off.”
“Under the law, healthcare professionals are obligated to exercise appropriate care and judgment in the manner in which opiates are prescribed and distributed in order to ensure that such substances are, in fact, ‘controlled,’” said U.S. Attorney James P. Kennedy Jr. of the Western District of New York. “When such professionals abandon that obligation and instead engage in acts of fraud and deceit, they will be prosecuted.”
“As alleged, defendants charged in the Eastern District of New York used fraud and deceit to steal Medicaid and Medicare funds meant to protect our elderly and most vulnerable residents,” stated U.S. Attorney Donoghue of the Eastern District of New York. “As this initiative demonstrates, we will continue to bring to justice those that defraud our nation’s health care programs.”
“We continue to work closely with our law enforcement partners to identify, investigate and eliminate fraud, waste and abuse in the nation’s federal healthcare programs,” said Deputy Administrator and CPI Center Director Alec Alexander. “In this case, CMS will take swift administrative action against providers responsible for fraudulent billings to federal healthcare programs. CMS is committed to protecting vulnerable beneficiaries from exploitation and safeguarding taxpayer dollars.”
“The FBI does not care about your status in life, your professional standing, your level of income, or your personal connections when you break the law," said Assistant Special Agent in Charge Wayne Jacobs of the FBI’s Newark Field Office. “If you try to scam the system, if you exploit your professional license just to pad your pockets, if you mortgage your morals just to inflate your bank account, you will only find yourself in deeper debt. We are committed to protecting the public; we are intent on rooting out fraud and corruption; we are duty-bound to track down and arrest anyone who is breaking our federal laws. Don’t be next.”
“Healthcare fraud is not a victimless crime—with unscrupulous providers preying on Medicare beneficiaries and taxpayers alike. Especially insidious is the fraud committed by healthcare professionals who are trusted to provide needed, quality services to patients,” said Special Agent in Charge Scott J. Lampert of HHS-OIG. “With our law enforcement partners, our agency will continue to thoroughly investigate medical providers and others involved in healthcare fraud.”
“The physicians who chose to violate their oaths to “Do no harm” are nothing more than drug dealers wearing a white lab coat,” said Special Agent in Charge Susan A. Gibson of the Drug Enforcement Administration’s New Jersey Field Division. “They have turned their backs on those most vulnerable. We will continue to vigorously pursue these doctors who violate the faith and trust of those who need help.”
*********
Among those charged in the District of New Jersey are the following:
Elliot Loewenstern, 56, of Boca Raton, Florida, the vice president of marketing of purported call centers and telemedicine companies, pleaded guilty on Sept. 24, 2019, for his role in one of the largest health care fraud schemes ever investigated by the FBI and HHS-OIG and prosecuted by the Department of Justice, which resulted in charges in April 2019 against 24 defendants. Loewenstern pled guilty to one count of conspiracy to defraud the United States and pay and receive health care kickbacks, and one count of solicitation of health care kickbacks. Loewenstern was the Vice President of Marketing of PCS CC LLC and a marketer for Video Doctor USA (Video Doctor) and Telemed Health Group LLC (AffordADoc) (collectively, the Video Doctor Network). In connection with his plea agreement, Loewenstern admitted causing the submission of over $424 million in fraudulent claims that resulted from the solicitation of illegal kickbacks and bribes in exchange for the referral of brace orders to brace providers. In connection with his guilty plea, Loewenstern admitted that he and others agreed to solicit and receive illegal kickbacks and bribes from patient recruiters, brace suppliers and others in exchange for the arranging for doctors to order medically unnecessary orthotic braces for beneficiaries of Medicare and other insurance carriers. The beneficiaries were contacted through an international telemarketing network that lured hundreds of thousands of elderly and/or disabled patients into a criminal scheme that crossed borders, involving call centers in the Philippines and throughout Latin America, Loewenstern stated. Loewenstern admitted that many of these orders were written after only a short telephone call between the health care provider and the beneficiary, with whom the health care provider had no prior doctor-patient relationship. In addition, Loewenstern admitted that he was aware that the owners and other executives of the Video Doctor Network schemed to defraud investors and others by making false and fraudulent representations that the Video Doctor Network was a legitimate telemedicine enterprise that made revenue of “$10 million per year” and “20 percent profit” from payments by beneficiaries who enrolled in a membership program and paid for the telemedicine consultations. These statements were false because revenue was obtained by the Video Doctor Network through the receipt of illegal kickbacks and bribes, Loewenstern admitted. In connection with his plea agreement, Loewenstern agreed to pay $200 million in restitution to the United States, as well as forfeit assets and property traceable to proceeds of the conspiracy to defraud the United States. Loewenstern’s sentencing is set for Jan. 9, 2020, before U.S. District Judge Madeline Cox Arleo of the District of New Jersey, who accepted his plea. Loewenstern was charged along with Creaghan Harry, 51, of Highland Beach, Florida, and Lester Stockett, 52, of Medellin, Colombia, in an indictment charging one count of conspiracy to defraud the United States and pay and receive health care kickbacks and four counts of health care kickbacks. Stockett and Harry were separately charged with one count of conspiracy to commit money laundering. Stockett, the Chief Executive Officer, previously entered a plea of guilty to one count of conspiracy to defraud the United States and one count of money laundering. The case against Harry is pending. Trial has not been set. The case was investigated by FBI, HHS-OIG, and IRS-CI. The case is being prosecuted by Acting Assistant Chief Jacob Foster and Trial Attorney Darren Halverson of the Criminal Division’s Fraud Section.
Joseph DeCoroso, M.D., 62, of Toms River, New Jersey, pleaded guilty for his role in a $13 million conspiracy to commit health care fraud and separate charges of health care fraud for writing medically unnecessary orders for durable medical equipment (DME), in many instances without ever speaking to the patients, while working for two telemedicine companies. Sentencing is set for Jan. 8, 2020. The case was investigated by FBI Newark and HHS-OIG. The case is being prosecuted by Acting Assistant Chief Jacob Foster and Trial Attorney Darren Halverson.
Nelly Petrosyan, 56, of New York, New York, the owner and operator of orthotic brace suppliers in New York, New York, was indicted on one count of conspiracy to defraud the United States and to pay and receive health care kickbacks and three counts of payment of health care kickbacks. The charges result from a $5.6 million conspiracy in which Petrosyan offered and paid kickbacks and bribes to several purported telemedicine companies in exchange for completed doctors’ orders of medically unnecessary orthotic braces for Medicare beneficiaries. Petrosyan and her coconspirators concealed the fraud by entering into sham contracts and producing false invoices characterizing the kickbacks and bribes as payments for “marketing.” The investigation was conducted by FBI Newark and HHS-OIG. The case is being prosecuted by Trial Attorney Darren Halverson.
Alice Chu, M.D., 62, of Fort Lee, New Jersey, was indicted on one count of conspiracy to commit health care fraud and four counts of health care fraud. The charges stem from Chu’s alleged submission of false and fraudulent claims to Medicare and private insurance companies for services that were medically unnecessary, never provided, not provided as represented or not eligible for reimbursement. Chu was allegedly induced by a financial incentive to order expensive and medically unnecessary lab tests that were paid for by Medicare. The investigation was conducted by FBI Newark, HHS-OIG, DOD-DCIS and FDA-OIC. The case is being prosecuted by Trial Attorney Rebecca Yuan of the Fraud Section.
Aaron Williamsky 59, of Marlboro, New Jersey, and Nadia Levit, 40, of Englishtown, New Jersey, owners of approximately 25 durable medical equipment companies, pleaded guilty on Sept. 18 and Sept. 25, respectively, for their participation in a health care fraud scheme related to their payment of kickbacks in exchange for doctors’ orders for medically unnecessary orthotic braces. Levit’s conduct admittedly caused losses in excess of $120 million and Williamsky’s conduct admittedly caused losses in excess of $170 million. Williamsky also pleaded guilty to a money laundering conspiracy related to his attempt to conceal at least $1.65 million of the proceeds of the fraud. The case was investigated by FBI, HHS-OIG, and IRS-CI. The case is being prosecuted by Assistant U.S. Attorneys Sean Sherman and Stephen Ferketic of the District of New Jersey.
Bernard Ogon, M.D., 46, of Burlington, New Jersey, pleaded guilty on Sept. 25 to one count of health care fraud conspiracy for his participation in a vast compounded medication telemedicine conspiracy. As part of the conspiracy, Ogon admittedly signed prescriptions for compounded medications (that is, medications with ingredients of a drug tailored to the needs of a particular patient) without having established a doctor-patient relationship, spoken to the patient or conducting any medical evaluation. Ogon often signed preprinted prescription forms—with patient information and medication already filled out—where all that was required was his signature. Then, instead of providing the prescription to the patient, Ogon would return the prescriptions to specific compounding pharmacies involved in the conspiracy. Ogon was paid $20 to $30 for each prescription he signed, and his participation in the conspiracy caused losses to health care benefit programs of over $24 million, including losses to government health care programs of over $7 million. The case was investigated by FBI Newark and HHS-OIG. The case is being prosecuted by Assistant U.S. Attorney Jason Gould of the District of New Jersey.
Joseph Santiamo, 64, of Staten Island, New York, a physician specializing in internal medicine and geriatrics was charged for allegedly conspiring to distribute and dispense controlled substances, including oxycodone, in exchange for sexual favors, and outside the usual course of professional practice and not for a legitimate medical purpose. The case is being prosecuted by Assistant U.S. Attorney Brian Urbano of the District of New Jersey.
Yana Shtindler, 44, of Glen Head, New York; Samuel “Sam” Khaimov, 47, of Glen Head, New York; Alex Fleyshmakher, 33, of Morganville, New Jersey; and Ruben Sevumyants 36, of Marlboro, New Jersey were indicted in connection with a scheme at Prime Aid Pharmacies (located in Union City, New Jersey and Bronx, New York) that included: (a) paying illegal bribes and kickbacks to doctors and doctors’ employees in exchange for prescription referrals to Prime Aid; (b) billing health insurance providers for medications that were never actually provided to patients; and (c) opening new pharmacies and concealing the true ownership of those pharmacies to obtain lucrative contracts they otherwise would not have obtained. The scheme of billing for medications that were never dispensed to patients was so egregious that Prime Aid received reimbursement payments of over $65 million for prescription medications that it never even ordered from distributors or had in stock. In total, Prime Aid’s multiple schemes defrauded Medicare, Medicaid, and private insurers out of at least $99 million. The case is being prosecuted by Assistant U.S. Attorney Joshua Haber of the District of New Jersey.
Eduard “Eddy” Shtindler, 36, the owner and operator of Empire Pharmacy in West New York, New Jersey, was charged by criminal complaint for paying bribes to a psychiatrist in Hudson County, New Jersey, to induce the doctor to send prescriptions to Empire. On occasion, Shtindler secreted cash bribes in pill bottles that were delivered to the doctor. In exchange for these bribes, the doctor steered patients to Empire pharmacy. In addition, starting in 2015, Empire – at Shtindler’s direction – perpetrated a fraudulent scheme to induce doctors to send expensive specialty medication prescriptions to Empire. Specialty medications often required “prior authorization” before being approved for reimbursement by Medicare, Medicaid, and some private insurance providers. To receive prior authorization approval more quickly and successfully than any other pharmacies, Empire employees, including two pharmacists, repeatedly falsified prior authorization forms for medications for various conditions, including psoriasis and Hepatitis C. In total, Empire defrauded Medicare and Medicaid out of at least $2 million. The case is being prosecuted by Assistant U.S. Attorney Joshua Haber of the District of New Jersey.
Matthew S. Ellis, 53, of Gainesville, Florida; Edward B. Kostishion, 59, Lakeland, Florida; Kyle D. Mclean, 36, of Arlington Heights, Illinois; Kacey C. Plaisance, 38, of Altamonte Springs, Florida; Jeremy Richey, 39, of Mars, Pennsylvania, and Jeffrey Tamulski, 46, of Tampa, Florida were indicted in connection with a genetic testing health care fraud scheme. Kostishion, Plaisance, and Richey operated Ark Laboratory Network LLC (Ark), a company that purported to operate a network of laboratories that facilitated genetic testing. Ark partnered with Privy Health Inc., a company that McLean operated, and another company to acquire DNA samples and Medicare information from hundreds of patients through various methods, including offering $75 gift cards to patients, all without the involvement of a treating health care professional. Ellis, a physician based in Gainesville, served as the ordering physician who authorized genetic testing for hundreds of patients across the country that he never saw, examined, or treated. These included patients from New Jersey and various other states where Ellis was not licensed to practice medicine. Through this process, Ellis, Kostishion, Plaisance, and McLean submitted and caused to be submitted fraudulent orders for genetic tests to numerous clinical laboratories. These orders falsely certified that Ellis was the patients’ treating physician and, in many cases, contained false information indicating that a patient had a personal or family history of cancer, when, in fact, the patient had no cancer history whatsoever. In 2018 alone, Medicare paid clinical laboratories at least approximately $4.6 million for genetic tests that Ellis ordered in this manner. In addition, Kostishion, Plaisance, Richey and Tamulski entered into kickback agreements with certain clinical laboratories under which the laboratories would pay Ark a bribe in exchange for delivering DNA samples and orders for genetic tests. The bribe payments were based on the percentage of Medicare revenue that the laboratories received in connection with the tests. Among other things, Kostishion, Plaisance, Richey, and Tamulski concealed these kickback arrangements through issuing sham invoices to laboratories that purportedly reflected services provided at an hourly rate even though the parties had already agreed upon the bribe amount, which was based on the revenue the laboratories received. In 2018, the clinical laboratories paid Ark at least approximately $1.8 in bribes. The case is being prosecuted by Assistant U.S. Attorney Bernard Cooney of the District of New Jersey.
Among those charged in the Eastern District of Pennsylvania are the following:
Timothy F. Shawl, 60, of Garnet Valley, Pennsylvania, a medical doctor, was charged with five counts of unlawful distribution of controlled substances. He allegedly wrote prescriptions for controlled substances that were outside the usual course of professional practice and not for a legitimate medical purpose. Shawl allegedly wrote prescriptions for controlled substances for patients without seeing, treating or examining them. Shawl allegedly prescribed hundreds of prescriptions for oxycodone to approximately 16 patients amounting to over 29,000 oxycodone tablets. The FBI conducted the investigation. The case is being prosecuted by Trial Attorney Debra Jaroslawicz of the Fraud Section.
Neil K. Anand, M.D., 42, of Bensalem, Pennsylavia, and Asif Kundi, 31, Atif Mahmood Malik, 34, and Viktoriya Makarova, 33, all of Philadelphia, Pennsylvania, Anand, a medical doctor, Kundi and Malik, unlicensed foreign medical school graduates, and Makarova, a nurse practitioner, were indicted on one count of health care fraud and one count of conspiracy to distribute controlled substances. The charges stem from the defendants’ alleged submission of false and fraudulent claims to Medicare, health plans provided by the U.S. Office of Personnel Management (OPM) and Independence Blue Cross (IBC). The claims allegedly were for “Goody Bags,” bags of medically unnecessary prescription medications that were dispensed by non-pharmacy dispensing sites owned by Anand. In total, Medicare, OPM and IBC allegedly paid over $4 million for the Goody Bags. Patients were allegedly required to take the Goody Bags in order to receive prescriptions for controlled substances. Malik and Kundi allegedly wrote prescriptions for controlled substances using blank prescriptions that were pre-signed by Anand or Makarova. Anand and Makarova allegedly prescribed over 10,000 prescriptions for Schedule II controlled substances, of which over 7,000 were for oxycodone totaling over 634,000 oxycodone tablets. The investigation was conducted by the FBI, HHS-OIG, USPS-OIG and OPM. The case is being prosecuted by Trial Attorney Debra Jaroslawicz.
Twelve indictments were unsealed involving charges against 12 people for allegedly possessing oxycodone with intent to distribute. The indictments charge that, from September 2016 through June 2019, the 12 defendants all presented forged prescriptions for oxycodone to various pharmacies outside of Philadelphia, in order to obtain oxycodone to distribute to others. The defendants, all from Philadelphia, drove many miles to pharmacies in Mt. Laurel, New Jersey, Marcus Hook, Pennsylvania, Drexel Hill, Pennsylvania, and Kennett Square, Pennsylvania. The defendants are charged with at least two, and up to 32, counts of possession with intent to distribute oxycodone. The defendants are charged with having received anywhere from 6,300 milligrams to 135,000 milligrams of oxycodone. According to the indictments, the defendants would often travel together to the pharmacies to fill their forged prescriptions. Charged were: Lamar Dillard, 37; Jermaine Grant, 29; Katrina Tucker, 32; Maurice Bertrand, 31; Courtney Brockenborough, 34; Alan Alexander Harrison, 29; Abdullah Howard, 23; Jonathan Metellus, 32; Clinton Monte Bullock; Crystal Coleman, 31; Marques Russell, 35, and Joseph Michael Simmons, 31. One defendant, Metellus, is also charged with one count of health care fraud, for allegedly using his Medicaid card to purchase prescription drugs with a forged prescription. The case was jointly investigated by the DEA’s Tactical Diversion Squad, HHS-OIG, the Pennsylvania Department of State’s Bureau of Enforcement and Investigations, the Chester County District Attorney’s Office and the Easttown Township Police Department. The cases are being prosecuted by Assistant U.S. Attorneys David E. Troyer, Elizabeth Abrams, Joan Burnes and Mary Kay Costello of the Eastern District of Pennsylvania.
Search and seizure warrants are being executed today at approximately six different locations. The search and seizures are being executed by law-enforcement officers from six federal agencies, including HHS-OIG, the FBI, USPS-OIG, DOL-OIG, DOD and OPM.
Among those charged in the Eastern District of New York are the following:
Anna Steiner, M.D., also known as “Hanna Wasielewska,” 63, of Valatie, New York, a licensed anesthesiologist, was charged in a superseding indictment for an alleged $17.4 million health care fraud scheme related to the payment of kickbacks in return for the ordering of DME, prescription drugs and diagnostic tests that were not medically necessary and not the result of an actual doctor-patient relationship. Steiner was originally indicted on July 9, 2019. The case was investigated by FBI and HHS-OIG. The case is being prosecuted by Fraud Section Trial Attorney Andrew Estes.
Dr. Denny Martin, 46, of New York, New York, a licensed Neurologist, was charged in a complaint for an alleged healthcare fraud scheme related to the billing of doctor home visits where none actually occurred. The case is being prosecuted by Assistant U. S. Attorney William P. Campos.
Andrew Barrett, 60, of New City, New York, and his former wife, pharmacy owner Phyllis Pincus, 58, of New City, New York, were charged by indictment with healthcare fraud and false claims in a scheme where they billed insurers for medications not actually dispensed to patients. In 2016, Barrett was sentenced to 43 months’ incarceration upon his guilty plea to tax fraud and healthcare fraud in which he billed insurers for medications not actually dispensed to patients. He was excluded from participation in the Medicare and Medicaid programs for over 20 years. The case is being prosecuted by Assistant U.S. Attorney William P. Campos.
Kevin McMahon, 31, of Seaford, New York, a registered professional nurse, was charged in a misdemeanor information with possession of fentanyl, which he obtained through the course of his employment at Nassau University Medical Center. McMahon will plead guilty to the information pursuant to a plea agreement and has agreed to surrender his nursing license at the time of his plea. The case is being prosecuted by Assistant U.S. Attorney Erin E. Argo.
Among those charged in the Western District of New York are the following:
Jillian Marks, 37, of Orchard Park, New York, a licensed nurse practitioner, was charged with obtaining controlled substances through fraud, wrongful use of government seal, and identity theft. With access to the Neighborhood Health Center in the City of Buffalo’s internal computer databases, the defendant allegedly abused her position and illegally accessed the Allscripts prescription prescribing portal. Marks allegedly prescribed approximately 2,000 dosage units of controlled substances such as Adderall and Oxycodone, in the names of health center patients, which she then had filled and picked up at local pharmacies. At one point, Marks allegedly forged a letter from the DEA in order to appear “good” to her employer and allegedly used the DEA seal illegally. The DEA conducted the investigation. The case is being prosecuted by Assistant U.S. Attorneys Michael J. Adler and Misha A. Coulson of the Western District of New York.
Karen Melton, 45, of Cuba, New York, was charged with obtaining controlled substances through fraud. Melton, a medical secretary working for a physician in Olean, New York, was not licensed to prescribe controlled substances. However, Melton allegedly used her access within the office to issue fraudulent prescriptions in her own name in both paper and electronic form. The prescriptions were allegedly issued without a legitimate medical purpose. Between September 2016 and May 2019, Melton allegedly issued 59 fraudulent prescriptions for controlled substances, including hydrocodone. The DEA conducted the investigation. The case is being prosecuted by Assistant U.S. Attorneys Michael J. Adler and Misha A. Coulson.
Among those charged in the District of Connecticut are the following:
Philippe R. Chain, M.D., has entered into a civil settlement agreement with the U.S. Attorney’s Office for the District of Connecticut, in which he will pay $300,000 to resolve allegations that he violated the False Claims Acts. Chain, who currently practices medicine in Florida, previously practiced medicine in Connecticut and performed telehealth services from Connecticut for a telemedicine company located in Las Vegas, Nevada. The telehealth services Chain provided involved prescribing compounded medications to TRICARE beneficiaries. TRICARE is the federal health care program for active duty military personnel, retirees, and their families. The government alleges that Chain caused pharmacies to submit false claims for compounded medications to TRICARE by issuing or approving prescriptions which were invalid, because Chain did not speak with or examine the patients in question and did not have an established physician-patient relationship with them, in exchange for compensation paid to Chain. This matter was investigated by the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Richard M. Molot of the District of Connecticut.
Among those charged in the Western District of Pennsylvania are the following:
Emilio Ramon Navarro, M.D., 58, of Coal Center, Pennsylvania, was charged with unlawfully dispensing controlled substances and health care fraud. Counts 1 – 28 of the Indictment allege that from April 2018 until April 2019, Navarro unlawfully distributed Oxymorphone and Oxycodone, Schedule II substances, to a person in return for sexual favors, either physically or by electronic communications, outside the usual course of professional practice and not for a legitimate medical purpose. Navarro is also charged in Count 29 with health care fraud for causing fraudulent claims to be submitted to Medicaid for payments to cover the costs of the unlawfully prescribed controlled substances. This case was investigated by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit which includes: FBI, HHS-OIG, DEA, IRS-CI, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, USPS, Veterans Affairs-OIG, FDA-CI, OPM-OIG, and the Pennsylvania Bureau of Licensing. Assistant U.S. Attorneys Robert S. Cessar and Mark V. Gurzo are prosecuting the case.
Among those charged in the District of Columbia are the following:
Hope Falowo, a personal care aide, was charged by information with one count of healthcare fraud for her role in a $400,000 fraud scheme where she would bill Medicaid in the District of Columbia for services she never provided. The case is being prosecuted by Counsel to the Chief of the Health Care Fruad Unit Amy Markopoulos.
Nkiru Uduji, a personal care aide, pleaded guilty to one count of health care fraud conspiracy charged in an August 2019 Information. The charges stem from Uduji’s role in a $600,000 fraud scheme in which she billed for more than 24 hours in a day, for services that were not rendered, and for services that were procured by kickbacks. The case is being prosecuted by Counsel to the Chief of the Health Care Fruad Unit Amy Markopoulos.
A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.