We have 49 more states and Manny territories to go.
Department of Justice Reaches Agreement to Resolve Americans With Disabilities Act Investigation of West Virginia’s Children’s Mental Health System
The Department of Justice today announced that it reached an agreement with the State of West Virginia to resolve its conclusion that there is reasonable cause to believe the State violates the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. Under the agreement, West Virginia will expand and improve in-home and community-based mental health services throughout the State to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. In addition, West Virginia will develop a plan to eliminate the unnecessary use of residential mental treatment facilities for children whom the State could serve in the community.
“This settlement will ensure that children are no longer unnecessarily institutionalized in residential treatment facilities far from family and friends,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We commend the State for its willingness to make changes to better serve children with mental health needs in the community.”
“This is a substantial, landmark agreement. It has been a long time coming and its impact will be felt for generations to come,” said Mike Stuart, United States Attorney for the Southern District of West Virginia. “When I became United States Attorney, this matter had suffered with no agreement for more than four years. A settlement looked unlikely and, at times, near impossible. Today’s agreement reflects a genuine, shared commitment to children and families by the Department of Justice and the State of West Virginia, as well as a spirit of good faith and mutual respect between myself and Secretary Crouch. Let there be no doubt, the real winners here today are West Virginia’s children and families.”
“Children need and deserve stability, and staying at home while receiving treatment offers that and so much more,” said Bill Powell, U.S. Attorney for the Northern District of West Virginia. “This issue is vitally important to the families in our district and our great state. This agreement will keep families closer and we are gratified that the State will be taking significant steps to improve the current situation. Our children are some of our most vulnerable citizens and this agreement is a step in the right direction for them and their families.”
By Order of the Highest Authority, in preparation for the rollout, I have been instructed to close out the "Cocktails & Popcorn" Phase and proceed to the final battle ground to find out who are the ones to define the maximization of revenues by re-animating the residuals of the peculiar institution in claiming mastery of the legal arguments for parental rights, but in this instance, these are corporate parental rights.
Yes, the "Legal Geniuses" (trademark pending) are launching Foster Care 2.0, where you will soon need a license to give birth, for the goods of the birth belong to the foreign corporations.
Marcia Lowry seems to no longer be with Children's Rights, which I still take severe issue with the groundbreaking attorney fees awarded by Nancy Edmunds almost 10 years ago inn Michigan, where the case continues to linger in a perpetual state of attorney fee billing and SACWIS improvements, on top of more improvements, because she has started up a new gig.
Marcia Robinson Lowry is the Founder and Executive Director of A Better Childhood. Ms. Lowry is the pioneering architect of the body of law that protects the country’s most vulnerable children. Her work sheds light on the deficiencies of our country’s long-unaccountable child welfare systems. Using the power of the courts, her work is focused on developing and implementing realistic, long-term solutions to ensure that abused and neglected children have a chance for a better childhood.
Ms. Lowry created ABC in 2014 to develop new and innovative approaches to helping children who have been left to languish and suffer. In so doing, she continues her career-long advocacy for children. Before creating ABC, Ms. Lowry served as Founder and Executive Director of Children’s Rights for almost twenty years. She previously was the director of the Children’s Rights Projects of the New York Civil Liberties Union and the American Civil Liberties Union.
Collaborating with policy analysts, experts, local organizations and government officials, Ms. Lowry leverages the justice system to reform child welfare programs. As the lead lawyer in class-action cases in eighteen jurisdictions across the country, Ms. Lowry’s work has improved the lives of hundreds of thousands of children. Currently, she is active in reform efforts in New York City, Texas, Minnesota, Mississippi, Oklahoma, the District of Columbia and New Jersey. Her lawsuits lead to increased oversight of child welfare agencies and influence multiple jurisdictions’ allocations of billions of dollars. Most importantly, her advocacy results in better outcomes for children and families. Obviously, this is a blatant lie considering the fact that the Michigan case is still lingering and all of her other initiatives at Children's Rights never, ever gave any resolution to the children who were drugged, beaten, raped, attempted suicide and successfully attempted suicide, and victims of child trafficking.
FUN FACT! NOT ONE FOSTER CHILD HAS EVER BEEN AWARDED A PENNY FOR BEING A VICTIM OF DRUGGING AS LAB RATS, BEATINGS, RAPE, TORTURE FROM CHILDREN'S RIGHTS LAWSUITS
So, now comes the licensing for parental rights as parents being relatives of the child who is under the legal aegis of the state, where guardianship is transferred to the corporate parent through human asset management NGOs for the forfeiting of the children's legacies to be loaded up on their foreign corporate UCC cargo ship, filled lots and lots of children's trust funds from stealin' from Medicaid.
The battle for control of the residuals of the peculiar institution is in full force in the courts, but in this instance, since A Better Childhood, a foreign corporation registered as a domestic nonprofit under a fictitious name, is out Chappaqua, New York, registered in Tulsa, Oklahoma, that started out Florida.
Selected Entity Name: A BETTER CHILDHOOD, INC.
Selected Entity Status Information
Current Entity Name:A BETTER CHILDHOOD, INC.
DOS ID #:4637882
Initial DOS Filing Date:SEPTEMBER 17, 2014
County:WESTCHESTER
Jurisdiction:NEW YORK
Entity Type:DOMESTIC NOT-FOR-PROFIT CORPORATION
Current Entity Status:ACTIVE
Selected Entity Address Information
DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)
A BETTER CHILDHOOD, INC.
C/O FREDERIC DORWART, LAWYERS
124 EAST FOURTH STREET
This office does not record information regarding the names and addresses of officers, shareholders or directors of nonprofessional corporations except the chief executive officer, if provided, which would be listed above. Professional corporations must include the name(s) and address(es) of the initial officers, directors, and shareholders in the initial certificate of incorporation, however this information is not recorded and only available by viewing the certificate.
*Stock Information
# of SharesType of Stock$ Value per Share No Information Available
*Stock information is applicable to domestic business corporations.
Name History
Filing DateName TypeEntity Name
SEP 17, 2014ActualA BETTER CHILDHOOD, INC.
A Fictitious name must be used when the Actual name of a foreign entity is unavailable for use in New York State. The entity must use the fictitious name when conducting its activities or business in New York State.
NOTE: New York State does not issue organizational identification numbers.
It seems Marcia Lowry is the only paid employee at $200,000 a year to sue the states for the purposes of injecting another layer of predatory administrative services, in what looks like legal move to force the creation of their latest and greatest solution to procure contracts, probably for ABC, for the child welfare system.
In this instance, I see the next trend in privatization of parental rights in the form of parental licensing for the acquisition of goods, or rather human assets.
I also see Hillary Clinton because she renewed her law license.
Charleston — Advocates filed a class action lawsuit against West Virginia officials Tuesday, alleging that while the state is quick to terminate parental rights, it doesn't have adequate foster families and adoptive homes in which to place those children. Often, children sleep in hotel rooms or in DHHR offices.
In turn, the state's child welfare system is putting about 7,000 foster children at heightened risk of someday experiencing homelessness, mental health problems, incarceration and addiction, according to the lawsuit, which advocates said they planned to file at 12:01 a.m. Tuesday in the Huntington Division of the Southern District of West Virginia.
A Better Childhood, a national nonprofit advocacy group that wages court battles on behalf of children; Disability Rights of West Virginia, a federally funded nonprofit; and the West Virginia law firm Shaffer and Shaffer allege that West Virginia's Department of Health and Human Resources has "repeatedly failed the children they are charged with protecting."
Plaintiffs alleged that without adequate suitable homes, DHHR segregates children in institutions, lodges them in temporary shelter care, places them in overcrowded foster care homes, or places them in poorly screened kinship foster homes.
"We're not seeking money damages," said Marcia Robinson Lowry, executive director of A Better Childhood. "We're seeking for things to change going forward – that the government must take care of these kids."
The lawsuit names Gov. Jim Justice, DHHR Cabinet Secretary Bill Crouch, DHHR Deputy Secretary Jeremiah Samples, and DHHR Commissioner of the Bureau for Children and Families Linda Watts as defendants. Plaintiffs filed the lawsuit "on behalf of all children who are now, or will be, in the custody of DHHR."
DHHR officials were not aware of the lawsuit Monday.
DHHR officials have said that West Virginia has about 7,000 kids in state custody, and that the number has increased by 67 percent since 2013. During that time, the number increased nationally by 11 percent, according to DHHR.
DHHR officials have publicly said the state's child welfare system was overwhelmed by the addiction epidemic. But according to the lawsuit, the state's child welfare system was "already strained and mismanaged."
"The drug epidemic was not the root of the problem but rather toppled an already fractured system," the lawsuit states. "The public statements display a lack of accountability but nonetheless, clearly acknowledge that the system is in fact in crisis."
The lawsuit says that recruiting foster families is difficult in the state because "DHHR caseworkers routinely exclude foster parents from MDT meetings, verbally threaten to remove children from foster parents’ care when they engage in any sort of advocacy that challenges the caseworkers’ orders, are difficult to contact in crisis situations (such as when consent is needed for medical or behavioral health care), and often speak disrespectfully towards foster parents." MDT meetings are multi-disciplinary team meetings, where case workers, prosecuting attorneys, parents, lawyers and others meet to address familial problems that led to abuse and neglect.
Some foster parents are also selective about the children they will accept.
The lawsuit states that DHHR has "an insufficient placement array, an insufficient number of placement resources, and an insufficient number of homes that are willing to accept older children, children with severe behavioral issues, and large sibling groups."
Meanwhile, West Virginia is quick to terminate parental rights, frequently within months after the child is placed with a foster family, according to the lawsuit.
The lawsuit states that in 2013, there were 1,040 terminations, and 1,988 in 2017.
Meanwhile, the number of adoptions in the state has not kept up, according to the lawsuit, "leading to more children becoming legal orphans, frequently left in institutional settings."
In turn, children are routinely shuffled "from temporary placement to temporary placement, disregarding their unique needs," according to the lawsuit.
The lawsuit states that frequent moves while in foster care are associated with maltreatment, poorer educational outcomes and increased mental health issues.
Adolescent children are at higher risk of substance abuse, juvenile arrests and failing out of school, according to the lawsuit.
One 11-year-old girl, with Down syndrome, was removed from her parents after they were arrested for habitually failing to send her to school. She was placed with an aunt, then in two foster homes. Now, state officials plan to send her to The Potomac Center in Romney, according to the lawsuit.
The lawsuit says that in 2017, "formal allegations were filed against the facility claiming that, among other abuses, the disabled residents did not receive the services the facility claimed to offer and they failed to hire, train and supervise their employees adequately.
"Separately, as a result of an ongoing criminal investigation, state police have claimed that Potomac Center staff abused 12 children, ages seven to 17, subjecting them to physical, sexual, and psychological abuse, including inhumane and degrading treatment by some employees of the Potomac Center, Inc. facility," the lawsuit states.
Four senior administrators were charged with failing to report the abuse.
In another case, a boy was sent from living with his abusive mother to his abusive aunt's, according to the lawsuit. He suffers from post-traumatic stress disorder.
Plaintiffs say that due to the increase in foster children, state officials are placing more children in kinship care, meaning in the care of a relative. About half are in kinship care.
But according to the lawsuit, those families don't receive the $600 monthly payment that certified families do, and DHHR officials dissuade them from becoming certified. Because they aren't certified, their homes are not subject to the same safety regulations, the lawsuit says.
"Upon information and belief, DHHR regularly discourages kinship caregivers from seeking foster home certification by either failing to inform them of their option to become certified, or by 'warning' them that they will likely not meet the certification requirements and may instead risk losing the foster children if they seek certification," the lawsuit states.
Nearly 20 percent aren't licensed, according to the lawsuit.
"Those are bad numbers," said Robinson Lowry. "They're very bad numbers and we really do think something needs to be done and probably nothing's going to be done unless this lawsuit does it."
Plaintiffs are also suing about over-reliance on out-of-state facilities. The lawsuit states that DHHR is spending approximately $41,181,775 per year to place children in out-of-state congregate care facilities "that are too frequently the subject of investigations that confirm rampant sexual, physical, and emotional abuse at the hands of employees who are undertrained and not properly screened."
In 2015, the Department of Justice sent then-Gov. Earl Ray Tomblin a letter, stating that West Virginia was keeping too many kids with serious mental health problems far from their homes, in residential facilities and psychiatric hospitals, often out of state. That violated a U.S. Supreme Court decision that found segregation of people with disabilities is discrimination.
In May of this year, state and federal officials announced they had reached a memorandum of understanding, and that West Virginia officials had agreed to expand services meant to keep those children at home and in care in their own communities.
According to the agreement, West Virginia has agreed to begin screening children on Medicaid, those who are in the care of the state, including foster children, and those who reside in juvenile justice facilities, to determine whether the new services could be of help. State officials would then offer new services covered by Medicaid, including a mobile crisis team, and in-home visits by mental health care providers.
Plaintiffs argue that a goal, of a 25 percent reduction of the June 2015 number of children in residential placement by 2022, is too low, and that the MOU is "self-enforcing" with "little to no oversight."
They want DHHR to contract with an outside entity to conduct a needs assessment of the state's foster care system. They also want DHHR to develop a plan for ensuring CPS workers don't handle more than 15 cases, that DHHR keeps written plans for each child with the goal of finding that child a permanent home or be reunited with his or her family, that kinship families are safe and properly trained, and to increase the availability of community-based mental health care for children.
The lawsuit also states that DHHR doesn't employ enough child welfare workers, that it fails to "adequately" screen their applicants for criminal backgrounds or drug use, and experiences high turn-over. Plaintiffs say that a 2013 audit recommended exit interviews to reduce turn-over, but DHHR ignored that recommendation.
In January 2019, 213 positions were vacant, amounting to a 45 percent vacancy rate among caseworkers, according to the lawsuit.
The lawsuit states that while The Child Welfare League of America, a coalition of private and public agencies that develops child welfare policies, recommends CPS workers shouldn't handle more than 12 to 15 clients at a time, it "is not uncommon" for West Virginia CPS workers to handle 50 cases.
Inadequate staffing results in "less time to interact with children, families, and service providers or to provide meaningful and appropriate case plans, necessary services, and timely casework and decision-making around issues such as permanency planning," the lawsuit states.
Case workers also fail to prepare foster children for adult life, according to the lawsuit, putting them at higher risk of premature pregnancy and incarceration.
"Rather, caseworkers attempt to plan for the transition out of foster care when youth are on the verge of aging out, sometimes as late as weeks before a teen’s 18th birthday," the lawsuit states. "Without any plan in place, young people are being dropped off at homeless shelters."
Charges Involve Over 350 Thousand Prescriptions for Controlled Substances and Over 32 Million Pills; ARPO Strike Force Grows to 10 Districts, Expanding to Include the Western District of Virginia
Attorney
General William P. Barr and Department of Health and Human Services (HHS) Secretary Alex M. Azar II, together with multiple law enforcement partners, today announced enforcement actions involving 60 charged defendants across 11 federal districts, including 31 doctors, seven pharmacists, eight nurse practitioners, and seven other licensed medical professionals, for their alleged participation in the illegal prescribing and distributing of opioids and other dangerous narcotics and for health care fraud schemes. In addition, HHS announced today that since June 2018, it has excluded over 2,000 individuals from participation in Medicare, Medicaid and all other Federal health care programs, which includes more than 650 providers excluded for conduct related to opioid diversion and abuse. Since July 2017, DEA has issued 31 immediate suspension orders, 129 orders to show cause, and received 1,386 surrenders for cause nationwide for violations of the Controlled Substances Act.
“The opioid epidemic is the deadliest drug crisis in American history, and Appalachia has suffered the consequences more than perhaps any other region,” Attorney General William P. Barr said. “But the Department of Justice is doing its part to help end this crisis. One of the Department's most promising new initiatives is the Criminal Division's Appalachian Regional Prescription Opioid Strike Force, which began its work in December. Just four months later, this team of federal agents and 14 prosecutors has charged 60 defendants for alleged crimes related to millions of prescription opioids. I am grateful to the Criminal Division, their U.S. Attorney partners, and to the members of the strike force for this outstanding work that holds the promise of saving many lives in Appalachian communities.”
“Reducing the illicit supply of opioids is a crucial element of President Trump’s plan to end this public health crisis,” said HHS Secretary Alex Azar. “It is also vital that Americans struggling with addiction have access to treatment and that patients who need pain treatment do not see their care disrupted, which is why federal and local public health authorities have coordinated to ensure these needs are met in the wake of this enforcement operation. The Trump Administration’s law enforcement and public health leaders will continue to work hand in hand to end this crisis that has hit Appalachia hard and steals far too many lives across America every day.”
Attorney General Barr and Secretary Azar were joined in the announcement by Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division; U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky; U.S. Attorney Russell M. Coleman for the Western District of Kentucky; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; U.S. Attorney William J. Powell for the Northern District of West Virginia; U.S. Attorney Michael B. Stuart for the Southern District of West Virginia; U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee; U.S. Attorney Don Cochran for the Middle District of Tennessee; U.S. Attorney D. Michael Dunavant for the Western District of Tennessee; U.S. Attorney Jay E. Town for the Northern District of Alabama; U.S. Attorney Thomas T. Cullen for the Western District of Virginia; Executive Assistant Director Amy Hess of the FBI’s Criminal, Cyber, Response, and Services Branch; Deputy Inspector General for Investigations Gary L. Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Assistant Administrator John J. Martin of the DEA Diversion Control Division, and Centers for Medicare and Medicaid Services (CMS) Deputy Administrator and Director of the Center for Program Integrity (CPI) Alec Alexander.
In addition to the cases announced today, Attorney General Barr and U.S. Attorney Thomas T. Cullen announced today that the ARPO Strike Force will expand into the Western District of Virginia, making it the tenth ARPO Strike Force district. ARPO is 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 (HCF Unit), the U.S. Attorney’s Offices for ten federal districts in six states, as well as law enforcement partners at the FBI, HHS Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). In addition, the operation includes the participation of the Tennessee Bureau of Investigation, multiple State Medicaid Fraud Control Units, and other federal and state agencies. The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
The charges announced today involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a priority for the Department. According to the CDC, approximately 130 Americans die every day of an opioid overdose.
“Today’s takedown demonstrates the FBI’s unwavering commitment to working alongside our Strike Force partners, including the HHS-OIG and DEA, to fight the opioid epidemic and related criminal activity in the Appalachian region,” said FBI Executive Assistant Director Hess. “We will not stand by and allow the harmful and oftentimes deadly practice of over-prescribing highly addictive drugs to continue unchecked. The FBI will pursue medical personnel who misuse their positions of trust to blatantly disregard others’ very lives for their own financial gain.”
“The opioid crisis has had a devastating impact in the Appalachian region,” said Principal Deputy Inspector General Chiedi. “Addressing this public health issue and ensuring beneficiaries have continuity of care requires a collaborative approach with our federal, state, and local partners. Our commitment is resolute. We will continue working together to protect the health and well-being of all Americans and ending this terrible epidemic.”
“Opioid misuse and abuse is an insidious epidemic, created in large part, by the over-prescribing of potent opioids nationwide, and unfortunately, Appalachia is at the center,” said DEA Assistant Administrator Martin. “Today’s announcement sends a clear message that investigations involving diversion of prescription drugs have been, and continue to be, a priority for DEA.”
“CMS CPI is proud to work very closely everyday with our law enforcement partners to stop the exploitation of vulnerable patients and misuse of taxpayer dollars,” said Deputy Administrator and Director of Center for Program Integrity Alexander. “Nowhere is this collaboration more important than in our fight against the opioid crisis in America. This is one of the President’s highest priorities and we are proud to be an important part of the largest prescription opioid enforcement effort ever undertaken. We will continue to work tirelessly through investigation, data coordination and administrative action to protect the health and wellbeing of all Americans.”
The ARPO Strike Force is made up of prosecutors and data analysts with the HCF Unit, prosecutors with the 10 U.S. Attorney’s Offices in the region, including the newly added Western District of Virginia, and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force operates out of two hubs based in the Cincinnati, Ohio/Northern Kentucky and Nashville, Tennessee, areas, supporting the 10 districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including the Tennessee Bureau of Investigation, State Medicaid Fraud Control Units.
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For the ARPO Strike force locations, in the Southern District of Ohio, six individuals, including two doctors and three registered pharmacists were charged with several counts, including unlawful distribution of controlled substances and conspiracy to obtain controlled substances by fraud. In one case, a doctor who is alleged to have been at one time the highest prescriber of controlled substances in the state, and several pharmacists are charged with operating an alleged “pill mill” in Dayton, Ohio. According to the indictment, between October 2015 and October 2017 alone, the pharmacy allegedly dispensed over 1.75 million pills. These cases were brought with assistance from the FBI, DEA, and HHS-OIG, as well as the Ohio Attorney General's Office, Medicaid Fraud Control Unit; the Ohio Bureau of Workers' Compensation Ohio; the Ohio Board of Pharmacy and the Ohio Medical Board.
In the Western District of Kentucky, a doctor was charged with controlled substance and health care fraud counts in connection with providing pre-signed, blank prescriptions to office staff who then used them to prescribe controlled substances when he was out of the office, and for directing staff at the clinic, including individuals not licensed to practice medicine, to perform medical services on patients. In another case, a doctor, a Florida compounding pharmacy and its owner were charged in connection with a scheme that involved the payment of alleged kickbacks in return for writing prescriptions for compounded drugs that included controlled substances, and for fraudulently inflating the costs for prescriptions that were billed for reimbursement by Medicare and TRICARE. These cases were brought with assistance from the FBI, DEA, HHS-OIG, and the Defense Criminal Investigative Service, as well as the Kentucky State Police, the Louisville Metropolitan Police Department, the Kentucky Office of Inspector General, the Kentucky Department of Insurance, and the Kentucky Medicaid Fraud Control Unit.
In the Eastern District of Kentucky, a total of five people were charged, including three doctors, a dentist and an office assistant who were charged in connection with several health care fraud and/or controlled substance schemes. In one case a doctor operating a clinic that focused on pain management allegedly provided pre-signed, blank prescriptions to office staff who then used them to prescribe controlled substances when he was out of the office. In another case, a solo practitioner who operates a five-clinic family practice focusing on pain management allegedly billed Medicare for urine testing that was not done and for urine testing that was not medically necessary. A dentist was charged for alleged conduct that included writing prescriptions for opioids that had no legitimate medical purpose and that were outside the usual course of professional practice, removing teeth unnecessarily, scheduling unnecessary follow-up appointments, and billing inappropriately for services. In yet another case, a doctor was charged for allegedly prescribing opioids to Facebook friends who would come to his home to pick up prescriptions, and for signing prescriptions for other persons based on messenger requests to his office manager, who then allegedly delivered the signed prescriptions in exchange for cash. These cases were brought with assistance from the FBI, DEA, HHS-OIG, and the Kentucky Medicaid Fraud Control Unit.
In the Middle District of Tennessee, federalindictments were unsealed today charging nine Middle Tennessee medical professionals, including four doctors, four nurse practitioners and a pharmacist, with various charges alleging their participation in illegally prescribing and dispensing opioids and other dangerous narcotics and health care fraud schemes. Two cases involve doctors who were previously sanctioned by the Tennessee Medical Board in connection with the overprescribing of opioids, one of whom was sanctioned for providing prescriptions to vulnerable patients, while the other allegedly prescribed opioid pills after serving a Board imposed term of probation. Another case alleges that a doctor prescribed opioids and other controlled substances to at least four individuals. In another case, an advanced practice registered nurse at a pain management clinic allegedly wrote prescriptions for opioids that had no legitimate medical purpose and that were outside the usual course of professional practice. Separately, a pharmacist was charged for allegedly dispensing large amounts of opioids outside the usual scope of professional practice and for no legitimate medical purpose. Finally, a podiatrist was charged with unlawful distribution of controlled substances. In addition to assistance provided by the FBI, DEA, and HHS-OIG, these cases were brought in connection with assistance from the Tennessee Bureau of Investigation, Medicaid Fraud Control Unit; the 18th Judicial District Drug Task Force; the Sumner County District Attorney’s Office; and the District Attorney General for the 22nd Judicial District.
In the Eastern District of Tennessee, at total of eight individuals, including five doctors, a nurse practitioner, a physician’s assistant, and an office manager were charged in four cases. Four doctors, a nurse practitioner and a physician’s assistant were charged with the unlawful distribution of opioids. Two doctors were charged with health care fraud violations. Three of these cases are related to alleged pill mill operations in the Eastern District of Tennessee. In addition to assistance provided by the FBI, DEA, and HHS-OIG, these cases were brought in connection with assistance from the Tennessee Bureau of Investigation, Medicaid Fraud Control Unit.
In the Western District of Tennessee, 15 individuals were charged, involving eight doctors and several other medical professionals. In one case, a doctor who branded himself the “Rock Doc,” allegedly prescribed powerful and dangerous combinations of opioids and benzodiazepines, sometimes in exchange for sexual favors; over approximately three years, the doctor allegedly prescribed approximately 500,000 hydrocodone pills, 300,000 oxycodone pills, 1,500 fentanyl patches, and more than 600,000 benzodiazepine pills. In another case, a nurse practitioner charged with conspiracy to unlawfully distribute controlled substances allegedly prescribed over 500,000 Hydrocodone pills, approximately 300,000 Oxycodone pills, and approximately 300,000 benzodiazepine pills (mostly Alprazolam), along with a myriad of other controlled substances. In another case, a physician charged with controlled substances and health care fraud violations allegedly prescribed approximately 300,000 hydrocodone pills, 200,000 oxycodone pills, 2,500 fentanyl patches, and 180,000 benzodiazepine pills, and prescribed medically unnecessary durable medical equipment that was billed to Medicare. Another doctor charged with controlled substances violations allegedly prescribed approximately 4.2 million opioid pills, sometimes in dangerous combinations with other drugs, such as benzodiazepines, and prescribed opioids to known addicts. In addition to assistance provided by the FBI, DEA, and HHS-OIG, these cases were brought in connection with assistance from the Tennessee Bureau of Investigation, Medicaid Fraud Control Unit, the Tennessee Office of Inspector General, and the West Tennessee Drug Task Force (28th District).
In the Northern District of Alabama, multiple individuals were charged in five cases, including four doctors. In one case, the owners and operators of a medical clinic and dispensary were charged with the unlawful distribution of controlled substances and health care fraud. In that case, a doctor allegedly prescribed opioids in high dosages, dangerous combinations, and in many cases, after having knowledge that patients failed drug screens and were addicts, preferring cash payments and charging a “concierge fee” that ranged from approximately $50 per visit or $600 per year. In another case, a doctor allegedly recruited prostitutes and other young women with whom he had sexual relationships to become patients at his clinic, while simultaneously allowing them and their associates to abuse illicit drugs at his house. In yet another case, a doctor allegedly dispensed controlled substances and other prescription drugs directly from the clinic, and prescribed excessive quantities of controlled substances to the same patients several times per month resulting in as many as 15 pills per day for some patients. In that case, the doctor also signed blank prescription forms to be completed by her staff when she was not at the clinic.
In addition to assistance provided by the FBI, DEA, HHS-OIG, the Defense Criminal Investigative Service and the Food and Drug Administration, Office of Criminal Investigations, these cases were brought in connection with assistance from the Hoover Police Department, the Huntsville Police Department, the Huntsville Area HIDTA Drug Task Force Strategic Counter Drug Team, the Marshall County Drug Task Force, the Alabama Medicaid Fraud Control Unit, and the Madison County Sheriff’s Office.
In the Northern District of West Virginia, a case was brought against an orthopedic surgeon who allegedly used fraudulent prescriptions to obtain tablets of acetaminophen-codeine for his own use. To obtain the pills, the surgeon allegedly wrote out prescriptions using his DEA number, and in the names of a relative even though the pills were for his own use, using a driver’s license that he had stolen from a colleague to obtain the pills from pharmacy. This case was brought in connection with assistance from the DEA and HHS-OIG.
In the Southern District of West Virginia, a doctor was charged with allegedly distributing narcotics, including dextroamphetamine, methylphenidate, and amphetamine salt, to a patient who did not have a medical need for the drugs and whom the doctor never examined. This case was brought in connection with assistance from the DEA and HHS-OIG.
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In addition to the ARPO Strike Force districts, today’s enforcement actions include cases brought in the Eastern District of Pennsylvania and the Eastern District of Louisiana.
In the Eastern District of Louisiana, a neurologist at an alleged pill mill was charged with conspiracy to dispense controlled substances and conspiracy to commit health care fraud. The defendant allegedly pre-signed prescriptions for controlled substances, including oxycodone, for patients whom he did not personally examine to determine medical necessity for the prescriptions, and pre-signed prescriptions for controlled substances while he was travelling internationally. The defendant allegedly knew that certain of these patients used their Medicare Part D and Medicaid benefits to pay for the medically unnecessary prescriptions. In addition to assistance provided by the FBI, DEA, HHS-OIG, these cases were brought in connection with assistance from the U.S. Departments of Veterans Affairs – Office of Investigations.
In the Eastern District of Pennsylvania, a former licensed practical nurse allegedly filled fraudulent prescriptions for oxycodone in her name and in the names of others at a local pharmacy in order to obtain the pills for herself and to distribute to others. In addition to assistance provided by the FBI, DEA, HHS-OIG, the Office of Personnel Management, the U.S. Marshalls Service, these cases were brought in connection with assistance from the Caln Township Police.
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For any patients impacted by the law enforcement operations, DOJ, DEA, HHS-OIG, HHS’ Substance Abuse and Mental Health Services Administration, Centers for Disease Control and Prevention, and all five State Departments of Health are deploying federal and state-level strategies to address patient harm and insure continuity of care. Additional information regarding available treatment programs and where patients can turn for assistance is available as follows:
Alabama: The Alabama Department of Mental Health has a dedicated telephone number to connect those affected by the closure. The toll-free substance abuse number is 1-844-307-1760. Information about substance abuse and opioids is available at the following websites:
Kentucky: If you are in Kentucky and are suffering with addiction you can find help by calling 833-8KY-HELP or logging in at Findhelpnowky.org
Ohio: If you are seeking help in Ohio, please call the OhioMHAS patient helpline, at 1-877-275-6364
Tennessee: If you are seeking help in Tennessee:
For a referral to addiction treatment services, call the Tennessee REDLINE: 800-889-9789.
In a mental health crisis, call the Statewide Crisis Line: 855-CRISIS-1 (855-274-7471).
For help accessing substance abuse or mental health services call the Tennessee Department of Mental Health and Substance Abuse Services Helpline: 800-560-5767 or 615-532-6700. This line is staffed Monday-Friday, 8 a.m. - 4:30 p.m. CT.
West Virginia: If you are in West Virginia and are suffering with addiction you can find help by calling 1-844-HELP-4WV or logging in at https://HelpandHopeWV.org
For individuals seeking help in other states, please call 1-800-662-HELP
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. The Medicare Fraud Strike Force, including the ARPO Strike Force, has charged more than 200 individuals with opioid-related crimes.
If you, a family member, friend or loved one believe you may be a victim in any of these cases or in connection with any charged defendant, please visit the following website for additional information:
750-ml. bottle white wine, such as Sauvignon Blanc
sweet tea
1/4 c.
triple sec
2 c.
sliced frozen peaches
raspberries
Fresh mint, for garnish
It seems we have ourselves an impeachment model being executed.
This elected official impeachment model was constructed by mixing the right ingredients of federal jurisdiction and the state constitution, with a sprig of resignation.
CHARLESTON, W.Va. (AP) — The resignation of a West Virginia Supreme Court justice recently convicted of federal charges prompted the governor Sunday to cancel a special legislative session that was to consider the justice's removal.
It was the latest development in an impeachment scandal miring some past and present justices in varying accusations including abuse of authority and failure to rein in excessive spending that engulfed the state's highest court for months.
Republican Gov. Jim Juestice's office said late Saturday he received a letter from Justice Allen Loughry and accepted his resignation effective at the close of business Monday. Justice had no further comment and Loughry's one-sentence resignation letter didn't elaborate.
Loughry was convicted last month of federal criminal charges including wire fraud involving his personal use of state cars and fuel cards and mail fraud. He has requested a new trial.
Last week Justice had called the special session for Tuesday, saying in a proclamation that it would consider removing Loughry from his post. Another proclamation Sunday canceled the special session in light of Loughry's resignation.
Loughry couldn't be reached for comment. His attorney, John A. Carr, said in an email he would have no comment.
Loughry and three other justices were impeached by the West Virginia House in August over questions involving lavish office renovations that evolved into varying accusations of corruption, incompetence and neglect of duty. One of them, Justice Beth Walker, was cleared of an impeachment charge at a Senate trial last month.
The West Virginia Supreme Court last month effectively halted the Legislature's remaining efforts to impeach the state's justices as a violation of the separate of power doctrine. The court ruled that the Senate lacks jurisdiction to pursue its impeachment trial of Justice Margaret Workman.
The Senate had postponed Workman's trial after the presiding judge didn't show up following the court ruling. A panel of acting justices said the court's decision to stop Workman's impeachment hearing also applies to retired Justice Robin Davis and Loughry, who had petitioned the court to intervene.
Senate President Mitch Carmichael, a Republican, lauded the resignation announcement Saturday.
"We appreciate that Justice Loughry has decided to do the right thing and step down from the Court," Carmichael said in a statement.
Judicial elections in West Virginia became nonpartisan in 2016, but the court's impeachment scandal this year stirred political attacks. Some Democrats argued that the court's shakeup over spending and other issues was a power grab by the Republican-led legislature.
On Election Day, two state Supreme Court justices appointed to the court after the scandal broke won election to continue on the bench: Former House speaker Tim Armstead and ex-Congressman Evan Jenkins won those races Tuesday night, each defeating nine other candidates. They had originally been appointed by Justice to fill two of the seats on the state's highest court pending the midterm election.
Armstead will complete the term of Justice Menis Ketchum, who announced his resignation on the eve of the House's impeachment proceedings. The term runs through 2020.
Jenkins will serve until 2024, when the term of retired Justice Robin Davis ends. Davis also was impeached.
I strongly encourage everyone to stock up on popcorn, lots of it, because I believe there just might be a plan, already in place, to impeach a certain Justice on the U.S. Supreme Court.
But hey, what do I know.
I also believe this is going to be soooooo romantic, but I shall tell that tale, after the Celestial Goddess is released from the Woodshed.
CHARLESTON, W.Va. – The House of Delegate Committee on the Judiciary today adopted 14 articles of impeachment alleging various counts of corruption, maladministration, incompetency, neglect of duty, and potential criminal behavior among the current four state Supreme Court justices.
The articles of impeachment against Chief Justice Margaret Workman and Justices Allen Loughry, Robin Davis and Elizabeth Walker will now go before the full House of Delegates for approval before the justices may face trial in the state Senate.
“This is truly a sad day for West Virginia, but it is an important step forward if we are going to restore the public’s confidence in the judiciary,” said Judiciary Committee Chairman John Shott, R-Mercer. “This committee did not take this effort lightly. After reviewing all the evidence available to us, it became clear that a culture of entitlement and disregard for both the law and taxpayer funds have damaged the reputation of our judicial system – and that all justices had a part in violating the public’s trust.”
The articles of impeachment contain accusations ranging from the creation of a potentially unlawful scheme to pay retired senior status judges more than the law would allow, wasteful spending of taxpayer funds on lavish office renovations, the use of public vehicles for personal gain, the illegal removal of historic property from the state Capitol, and the neglect of duty to create policies that prevent improper use of state resources and property.
Should the full House approve the various articles of impeachment, the accused justices would stand trial in the Senate. The state Constitution requires a two-thirds vote to remove them from office.
Following the committee’s approval of the articles, House Speaker Pro Tempore John Overington, R-Berkeley – who is presiding over these proceedings – issued a letter calling the full House of Delegates back into session at 10 a.m. Monday, Aug. 13, to consider approval of the articles.
The approved articles of impeachment will be available on the Judiciary Committee’s website once they are edited and proofread to fully account for changes made during today’s meeting.
Here is a summary of the 16 articles considered today (14 were adopted, 2 were rejected):
Accusing Chief Justice Workman and Justice Davis of wrongfully approving the of overpayment of Senior Status Judges during their tenure as Chief Justice.
Accusing Chief Justice Workman and Justices Loughry, Davis and Walker of failure to properly carry out the administrative duties of the court.
Accusing Justice Loughry of illegally possessing a historic "Cass Gilbert" desk at his private residence.
Accusing Justice Loughry of improperly using state government computer equipment and hardware for personal use at home.
Accusing Justice Loughry of using state vehicles and a fuel purchase card for personal use.
Accusing Justice Loughry of issuing an administrative order wrongfully approving the of overpayment of Senior Status Judges during his tenure as Chief Justice.
Accusing Justice Loughry of wasteful spending with regard to office renovations.
Accusing Justice Walker of wasteful spending with regard to office renovations.
Accusing Justice Walker of wasteful spending by hiring outside counsel to craft a legal opinion of the court. – REJECTED
Accusing Justice Davis of wasteful spending with regard to office renovations.
Accusing Justice Davis of signing forms to wrongfully approve the of overpayment of Senior Status Judges.
Accusing Chief Justice Workman of wasteful spending with regard to office renovations.
Accusing Chief Justice Workman of unnecessarily hiring or retaining individuals who worked for her political campaigns to work for the court.– REJECTED
Accusing Chief Justice Workman of signing forms to wrongfully approve the of overpayment of Senior Status Judges.
Accusing Justice Loughry of deceiving the House Finance Committee while under oath.
Accusing Justice Loughry of wasteful spending by using state funds for framing of personal items.
LL HB4268 Public Hearing House of Delegate 9FEB2018(1)
"The people who are going to be speaking in favor of this bill are all going to be paid by the industry."
Lissa Lucas
Lissa Lucas traveled the 100 miles from her home in Cairo, West Virginia to the state capitol in Charleston Friday to testify against an oil and gas industry sponsored bill (HB 4268) that would allow companies to drill on minority mineral owners’ land without their consent.
Lucas began to testify to the House Judiciary Committee, but a few minutes in, her microphone was turned off.
“As I tried to give my remarks at the public hearing this morning on HB 4268 in defense of our constitutional property rights, I got dragged out of House chambers,” Lucas said. “Why? Because I was listing out who has been donating to Delegates on the Judiciary Committee.”
Lucas took to the podium and began by pointing out that “the people who are going to be speaking in favor of this bill are all going to be paid by the industry.”
“And the people who are going to be voting on this bill are often also paid by the industry,” Lucas said.
“I have to keep this short, because the public only gets a minute and 45 seconds while lobbyists can throw a gala at the Marriott with whiskey and wine and talk for hours to the delegates,” Lucas said.
Lucas then began to read the oil and gas donations to the members of the House Judiciary Committee, including the chairman, John Shott (R-Mercer).
“John Shott. First Energy $2,000. Appalachian Power $2,000. Steptoe & Johnson—that’s a gas and oil law firm—$2,000. Consol Energy $1,000. EQT $1,000. And I could go on.”
No she couldn’t.
Because at that point, Shott had enough.
“Miss Lucas, we ask that no personal comments be made,” Shott said.
“This is not a personal comment,” Lucas said.
“It is a personal comment and I am going to call you out of order if you are talking about individuals on the committee,” Shott said. “If you would, just address the bill. If not, I would ask you to just step down.”
Lucas barged ahead to Delegate Jason Harshbarger (R-7)—who she will face off against in November for the seat from Ritchie County. Harshbarger works for Dominion Energy.
“About 40 percent of his money (campaign contributions) comes from the oil and natural gas industry,” Lucas said.
Shott then ordered Lucas removed from the room and two security guys approached her and began to lead her out.
“I want to finish,” Lucas said.
The security guards said she would have to leave.
“Drag me off then,” Lucas said.'
And they did.
Prepared Remarks
I’m Lissa Lucas from beautiful Ritchie County, WV, right in the front lines of the Marcellus. I’m a mineral owner. And I’m here to tell you that ALL of us, no matter our party, want our property rights protected. The attack on property rights is an assault on rural people, and it goes against both party platforms.
While lobbyists have the money to buy your time at fancy gatherings like the Wine and Whisky gala at the Marriott on Wednesday—members of the public have been allotted just about 2 minutes each to make the case for our rights, so I’ll just have time to talk about four delegates.
CHARLOTTE LANE – Kanawha County (D35) $9,500/$48,770 about 20%
Delegate Lane has received money from
1. AEP $2,000.00
2. MARATHON $2,000.00
3. FIRSTENERGY $2,000.00
4. DOMINION $1,500.00
5. EQT $1,000.00 << 5 of the top 6
6. SOUTHWESTERN ENERGY $500.00
7. NEXTERA ENERGY $250.00
8. WVOIL MARKETERS ASSOC. $250.00
9. TIMOTHY P ARMSTEAD CAMPAIGN CMTE – $150.00 I’ll get to why I’m mentioning him in a minute
NEXT LET’S TALK ABOUT JOHN SHOTT Mercer (D27) – $11,250/$64,350 – about 17%
1. FIRSTENERGY $2,000.00
2. App Power $2,000.00
3. STEPTOE & JOHNSON $2,000.00 – Gas and oil Law firm
4. CONSOL ENERGY $1,000.00
6. EQT $1,000.00
7. MARATHON $1,000.00
8. DOMINION $1,000.00
9. NOBLE ENERGY $500.00
10. GOPAC $250.00
11. MARKWEST ENERGY $250.00
12. WV LAND & MINERAL OWNERS PAC $250.00 The WV Mineral Owners Coalition is AGAINST this bill. This PAC is unrelated appears to be a front for out-of-state resource barons and attorneys who represent the energy industry.
NOW LET’S TALK ABOUT JASON HARSHBARGER (Ritchie D7) $3500/$9300 – 38%
1. Harshbarger – He works for Dominion, and donated $2k to his campaign. If you count that, he got 59% of his campaign cash from energy interests $5500/$9300 –
2. DOMINION $1,000.00
3. EQT CORP $500.00
4. FIRSTENERGY CORP $500.00
5. FREDRIK ERIC NELSON JR CAMPAIGN CMTE $500.00 (Delegate Nelson’s top donors are the same top donors as everyone I’ve spoken about here, and in fact he received $23K from anti-property rights corporations like Dominion, EQT, AEP.)
6. NEXTERA ENERGY $250.00
7. GOPAC $250.00
8. HALL, JASON & STEPHANIE (Hall Drilling) $250.00
9. WEST VIRGINIA OIL MARKETERS & GROCERS ASSOCIATION $150.00
10. ARMSTEAD FOR HOUSE 2014 $150
Delegates you cannot, without the appearance of impropriety—and likely without actual impropriety—vote for this bill.
For those watching online or in the gallery, if your delegate votes to give away your rights to their corporate donors, you should get behind a candidate who’ll work for YOU, rather than someone who is getting paid to hand over your property rights to corporations. Save for Del Harshbarger, there are Republicans challenging them in the primary, and a Democrat who will challenge the winner, so in most cases there’s someone no matter your political persuasion.
Full disclosure: There is a Democratic challenger for Harshbarger—that would be me. But I’m here to talk about the sale of our constitutional rights, not to campaign. So let’s move on to Delegate Armstead.
Armstead is not a member of this committee, but he’s the guy who makes committee assignments for his party. His donors include the usual suspects—AEP, EQT, Dominion, FirstEnergy, etc. He got nearly $20K ($19,550) from energy donors, about 21% of his total. He seated on this committee everyone I’ve just talked about, and people I haven’t been allotted the time to talk about. Yeah, he’s working for those same donors, too.
Delegates, voting to help the corporations that bought you is moral turpitude. And if y’all vote to enable Big Government to tell tax paying citizens what we can do with our own durn property, you can bet there will be people like me coming out of the woodwork to challenge you… and to make sure you either represent the people, or you get the hell out.
WASHINGTON, D.C. – On Thursday, February 26, Congressman John Conyers, Jr. (MI-13) held a briefing organized by faith-based human rights group Unitarian Universalist Service Committee focusing on the affordability of water to the nation's poorest and most vulnerable. The briefing, held in the Rayburn House Office Building on Capitol Hill, was organized in the context of soaring costs of water to consumers nationally, the continuation of the widely-criticized water shut off policy in Detroit, and the implications of these trends for America's urban and rural water and wastewater services. In addition to Rep. Conyers, Reps. Debbie Dingell (MI-12), Brenda Lawrence (MI-14), Sheila Jackson-Lee (TX-18), Charles Rangel (D-New York), and Earl Blumenauer (OR-3), were also honorary hosts of the event.
Panelists included: Detroit attorney Alice Jennings, a lead attorney in a federal class-action lawsuit brought on behalf of community organizations and Detroit residents affected by the city's mass water shutoffs; Economist Roger Colton, the developer of the original Detroit Water and Sewer Affordability Plan who testified as an expert witness in the city’s 2014 bankruptcy case; David Gatton, the director of the U.S. Conference of Mayors’ Council on Metro Economies; and Patricia Jones, the Senior Program Leader for Environmental Justice at the Unitarian Universalist Service Committee, who is an international expert on the human right to water and coordinated the 2011 and 2014 United Nations missions of the Special Rapporteur to Detroit. Noted writer and scholar Michael Shank, Director of Media Strategy of Climate Nexus, moderated the briefing.
In his remarks, Rep. Conyers emphasized that ensuring the human right to water is “an economic, social, and health issue that we can all get behind. It doesn’t have any partisan aspect to it.” In an op-edpublished earlier this week, Rep. Conyers advocates for the full implementation of the “water affordability plan passed by Detroit's City Council in 2006 to account for residents' financial need in water billing and to prevent discrimination in access.” He also stressed the need for “need strong local, state, and federal investment in infrastructure around the country.”
During the briefing, Jennings stated that “just last year, there were 33,000 homes shut off, and only 18,000 restored. That means that 15,000 potential homes are without water.” Patricia Jones called on federal agencies “to provide immediate assistance to the thousands in Detroit in harm’s way today.”
Michael Shank highlighted that Detroit’s water system is not alone in facing challenges in covering its costs. “A survey last month of 368 water utility companies in America suggested that two-thirds of the utilities have insufficient funds to cover their costs and will likely increase fees to make up for the shortfall,” he said.
For child welfare, there is no way to detect fraudulent payments in Medicaid for child welfare because everything is a secret.
A State Medicaid Fraud Control Unit, traditionally warehoused within its Attorney General Office,
would face an inherent conflict of interest as it contemporaneously advises and advocates for the state contracted entities which provide care for children who are under the auspices of the state.
TRANSLATION: A state would have to prosecute itself and the amount West Virginia could loose may be even a higher amount.
West Virginia could lose roughly $230 million in federal Medicaid funding if it doesn’t stop sending payments to health care providers facing “credible” accusations of fraud, according to a new report provided to lawmakers Tuesday.
The state Bureau for Medical Services sent that much money between March 2011 and June 2013 to providers accused of several different types of fraud, in violation of the Affordable Care Act, said Brandon Burton, an analyst with the office of the West Virginia Legislative Auditor.
“It is hopeful that the state will not be penalized financially (for actions the legislative auditor) determines is out of compliance with federal regulations,” Burton told a joint legislative committee Tuesday.
The data is an update to a previous report released by the legislative auditor in October 2013. The report said the state is ignoring a provision of the Affordable Care Act, also known as Obamacare, that requires suspending payments to Medicaid providers after the state determines an allegation of fraud is credible.
If the state continues to pay those providers after they’ve referred cases to the Medicaid Fraud Unit, it could stand to lose a significant amount of federal funding, according to the legislative auditor’s report.
The bureau, operating under the state Department of Health and Human Resources, disputed the auditor’s initial claims. The bureau doesn’t interpret the applicable portion of the Affordable Care Act the same way, said Alva Page, attorney for the bureau.
“There are times when Medicaid doesn’t have enough information to suspend a payment to the provider,” Page told lawmakers.
“It just seems fundamentally unfair to that provider.”
The legislative auditor’s office recently received information from the bureau about the amount of money it’s paid to the 65 providers with fraud referrals included in the 2013 report.
The report includes two types of referrals to the Medicaid Fraud Control Unit: a provider referral and a caseworker referral. The provider referrals include individual practitioners or hospitals, while caseworker referrals cover actual employees at those institutions.
During the audited time frame, providers themselves and providers with caseworkers facing credible fraud accusations received $17.9 million and $211 million, respectively.
“Therefore ... if federally audited because of a lack of adherence to the federal mandate, the state’s Medicaid agency could be at risk of losing its (federal funding) from $17.9 million to $211 million,” states a report from the legislative auditor’s office.
Since the release of the report, the legislative auditor said the bureau argued it had received a “verbal statement” from the federal government that said they were not issuing payments inappropriately.
After the legislative auditor requested proof of any federal approval, the bureau said it had received a written document recently but “it cannot discuss the contents of the correspondence with anyone,” according to the auditor’s office.
Page repeated the statements to lawmakers. He said the document the bureau received had a disclaimer at the bottom that said the information could not be made public because it’s a draft.
Questioned by lawmakers, Page didn’t immediately know what law the bureau would break by releasing the information. He said he would speak with the federal Medicaid official to get guidance on releasing the information.
