Wednesday, May 26, 2021
Attorney General James Teams With Federal Prosecutors to Make Dental Clinics Agree to Pay $2.7 Million for Alleged Use of Unsterilized Tools
New York Attorney General Letitia James announced that her office’s Medicaid Fraud Control Unit (MFCU), together with the United States Attorney’s Office in the Western District of New York and Pennsylvania, has reached an agreement with a health care system operating several clinics in the Southern Tier of New York and Pennsylvania for allegedly treating patients with unsterilized and potentially dangerous tools. An agreement unsealed yesterday with the Upper Allegheny Health System (UAHS) — a domestic not-for-profit corporation that operates several dental clinics in the Southern Tier — resolved claims made by a former employee alleging that UAHS billed Medicaid for dental services where it failed to sterilize dental handpieces between patients. As part of the agreement, UAHS has agreed to pay $2.7 million to the United States, New York, and Pennsylvania — $2.4 million of which will, specifically, resolve claims pertaining to New York’s Medicaid program ($1.4 million will go to New York and $1 million will go to the federal government).
“Patients visit medical offices to seek treatment, not further endanger their health by coming in contact with unsterilized tools,” said Attorney General James. “It is shocking that the Upper Allegheny Health System skirted protocols and risked the safety of its patients, but what’s worse is that we may have never known about these disturbing practices had a whistleblower not come forward. Yesterday’s agreement sends a message that real safety protocols must be followed to protect patients going forward. My office will always fight to hold accountable those who cut corners and risk patient safety.”
Between April 1, 2010 and May 31, 2015, UAHS allegedly conducted dental services with dental handpieces that had not been heat sterilized between patient use and subsequently billed Medicaid for these services. Not only did the use of these unsterilized tools pose a health hazard to patients, but the billing of these services to Medicaid was a violation of both New York state and federal laws. The U.S. Centers for Disease Control and Prevention, the American Dental Association, and the manufacturer of the dental tools require that dental handpieces be heat sterilized between patient use.
The Office of the Attorney General’s (OAG) and USAO’s investigation commenced after a whistleblower complaint was filed by a former UAHS employee under the qui tam provisions of the New York False Claims Act as well as the federal False Claims Act in the U.S. District Court for the Western District of New York. The New York False Claims Act allows individuals represented by counsel to file actions on behalf of the government and share in any recovery.
Yesterday’s agreement forces UAHS to pay a total of $2.7 million in damages to the United States, New York, and Pennsylvania.
MFCU receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $53,413,761 for federal fiscal year (FY) 2021, of which $40,060,324 is federally funded. The remaining 25 percent of the approved grant — totaling $13,353,437 for FY 2021 — is funded by New York state. Through MFCU’s recoveries in law enforcement actions, it regularly returns more to the state than it receives in state funding.
The OAG wishes to thank the USAO from the Western District of New York and Pennsylvania for their joint effort to resolve this matter.
Governor Cuomo Updates New Yorkers on State Vaccination Program
90,710 Doses Administered in the Last 24 Hours
788,145 Doses Administered Over Past Seven Days
Vaccine Dashboard Updated Daily on the State's Vaccine Program Here
Governor Andrew M. Cuomo today updated New Yorkers on the state's vaccination program. 90,710 doses have been administered across the state's vast distribution network in the last 24 hours, and 788,145 doses have been administered statewide over the past seven days.
"We continue to put more shots in arms every single day and urge vaccination as the key to defeating COVID-19 for good, but vaccination rates are dramatically slowing and to continue moving our numbers up, we need to get creative," Governor Cuomo said. "That's why we've implemented new incentives—including passes at New York State parks, a lottery and transportation tickets—and are opening pop-up sites in locations convenient to New Yorkers. The future is looking up, but there's a lot of work to be done rebuilding our state after this devastating pandemic, and the more New Yorkers who get vaccinated, the faster we'll be able to reimagine our society for a new, brighter and more prosperous future."
All New York State mass vaccination sites are now open to eligible New Yorkers for walk-in vaccination on a first come first serve basis. The walk-in appointments are reserved for first doses only with second doses to be scheduled automatically after administration of the initial shot. In addition, all vaccine providers are encouraged to allow walk-in appointments for eligible New Yorkers. People who would prefer to schedule an appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccines.gov to find information on vaccine appointments near them.
STATEWIDE BREAKDOWN
Total doses administered - 18,528,624
Total doses administered over past 24 hours - 90,710
Total doses administered over past 7 days - 788,145
Percent of New Yorkers ages 18 and older with at least one vaccine dose - 63.9%
Percent of New Yorkers ages 18 and older with completed vaccine series - 55.2%
Percent of all New Yorkers with at least one vaccine dose - 52.3%
Percent of all New Yorkers with completed vaccine series - 44.3%
VACCINE FOR ALL OF US: NEW YORK KNICKS OFFER TICKETS AS VACCINE INCENTIVES FOR NEW YORKERS
Mayor Bill de Blasio today announced the New York Knicks are offering tickets as vaccine incentives for New Yorkers. Individuals 16 and older, who get their COVID-19 vaccine at The Pennsy Food Hall, located outside of Madison Square Garden, will have a chance to win tickets to Wednesday night’s Knicks vs. Atlanta Hawks playoff game or to a later game.
DiNAPOLI: FORMER POTTER TOWN CLERK SENTENCED TO JAIL TIME AND FULL RESTITUTION OF NEARLY $27,000
Former Town of Potter Clerk Julie Brown was sentenced to six months in Yates County jail today for stealing nearly $27,000 in public funds for her personal use. Her thefts were discovered during a joint investigation by State Comptroller Thomas P. DiNapoli’s office, Yates County District Attorney Todd Casella’s office and Yates County Sheriff Ronald Spike’s office.
Brown, 49, of Penn Yan, stole cash payments made to the town for property taxes and fees for marriage licenses, dog licenses, hunting permits and building permits. She used the money to support her personal lifestyle, including trips to casinos and gambling websites. The thefts took place between January 1, 2018, and May 21, 2019, when Brown resigned. She agreed to pay $26,729 in restitution as part of her plea agreement in March, of which she has already paid $20,000.
“When a public servant steals taxpayer funds, it damages the public’s trust in government,” DiNapoli said. “Ms. Brown took advantage of the trust placed in her and now has been held responsible for her crimes. My thanks to Yates County District Attorney Casella and Sheriff Spike for partnering to bring Brown to justice.”
"A public office is a public trust and regrettably this town clerk acted contrary to their oath,” said Yates County Sheriff Spike. “I thank all involved in this criminal investigation, prosecution, and conviction, especially the New York State Comptroller’s office for their forensic work.”
Brown pled guilty in March to corrupting the government in the second degree (class C felony); grand larceny in the third degree/ public servant (class C Felony); two counts of tampering with public records in the first degree (class D felony); scheme to defraud in the first degree (class E felony) and official misconduct (class A misdemeanor). Brown was initially arrested in November 2020 and released on her own recognizance.
Governor Cuomo Announces Statewide 7-Day Average Positivity Has Declined 50 Consecutive Days, Falls To 0.89%
1,357 Patient Hospitalizations Statewide
307 Patients in the ICU; 181 Intubated
Statewide Positivity Rate is 1.00%
16 COVID-19 Deaths in New York State Yesterday
Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.
"The hard work of New Yorkers combined with the vaccine have helped us prevent the spread of COVID and keep our state's numbers trending in the right direction," Governor Cuomo said. "While we are containing the COVID beast, our fight is not over. I want to encourage all New Yorkers to take advantage of our greatest tool against COVID - the vaccine."
Today's data is summarized briefly below:
- Test Results Reported - 76,551
- Total Positive - 767
- Percent Positive - 1.00%
- 7-Day Average Percent Positive - 0.89%
- Patient Hospitalization - 1,357 (+52)
- Net Change Patient Hospitalization Past Week - -228
- Patients Newly Admitted - 142
- Number ICU - 307 (+4)
- Number ICU with Intubation - 181 (-4)
- Total Discharges - 181,319 (+88)
- Deaths - 16
- Total Deaths - 42,624
NEW YORK CITY LAUNCHES ‘SHOP YOUR CITY’ CHALLENGE
Mayor Bill de Blasio and NYC Department of Small Business Services (SBS) Commissioner Jonnel Doris today announced a new campaign to encourage New Yorkers to take a break from big box retailers and shop at local small businesses. The “Shop Your City” Challenge is a 30-day multi-channel marketing campaign featuring a contest and chance to win a $50 gift card to spend at neighborhood businesses.
- Advertising and Marketing: The City will launch a Shop Your City advertising campaign including significant investment in community and ethnic media, posters distributed to community partners and small businesses, and a social media toolkit.
- Shop Your City Photo Contest: New Yorkers will be encouraged to support small businesses through themed week categories by going to www.nyc.gov/ShopYourCity to upload a photo or video depicting how you are supporting a local small business. Participants will be entered to the photo contest for a chance to win a $50 gift card.
- Community Partnership: The City will engage with celebrities, local leaders, and business leaders to sign up for the 30-day challenge and support small businesses. Celebrities will be supporting this effort through a promotional video campaign, including actress and comedienne Sherri Shepherd, radio personality and business owner Angela Yee, and President of New York City’s Hospitality and business owner Melba Wilson.
- Consumer Incentives: The City will offer New Yorkers “I Shopped Local” stickers and Shop Your City Tote Bags when shopping small.
- 5-borough Business Tour: The City will participate in days of action according to the themed weeks throughout the next 30 days to engage with small businesses and encourage New Yorkers to shop locally.
Tuesday, May 25, 2021
222 Days and Counting