manhattan alzheimers lawyer

Three Florida Residents Responsible for $1 Billion Medicare/Medicaid Laundering Scheme

Published on: August 9, 2016 | by Ettinger Law Firm

In the largest single criminal healthcare fraud laundering scheme that dates back to 2009, three Floridians have been charged with defrauding Medicare and Medicaid of over $1 billion dollars. The owner of more than 30 nursing homes and assisted living facilities in Miami and a few in Illinois worked with a hospital administrator and physician assistant to put thousands of people through their care systems that did not in fact qualify or to use them to bill unneeded services and medication. Using these laundered funds, the head mastermind behind the scandal took private jets, bought half a million dollar watches, hired private escort services and pay off a reported nearly $9 million dollars in credit card bills.

Once in the criminal’s facilities, the conspirators further kept the individuals in the nursing homes by heavily medicating them with narcotics to keep receiving Medicare and Medicaid. Additionally, the individuals in the homes received medically unnecessary services just to bill to insurance. This is the not first health care fraud scheme to affect the South Florida area; South Florida has been ridden with fraudulent scandals targeting government aid systems and has had government attention called to it several times. While this issue has been brought to the attention of officials in the Miami, leading them to create ‘strike forces’ in hopes of catching these criminals, it is evident that the problem is difficult to regulate.

Fraudulent schemes extended beyond the healthcare system to law enforcement, who were paid kickbacks in cash or disguised as charitable donations payments for services, and payment for lease services. There were many players associated with the scandal, not only law enforcement officers, but doctors and pharmacists were taking part in the billing scheme in order to receive more kickbacks from the nearly 14,000 elderly patients that went through the defendant’s care facilities. It is no surprise that the defendant withdrew almost $4 million dollars over the past few years, since many of these payouts were in cash. This charge is not the defendant’s first regarding healthcare fraud; in 2006, defendant settled a civil claim in which he was ordered to pay out $15.4 million dollars for conducting Medicare fraud. These current charges will show that the defendant failed to learn from his illegal conduct and continued to defraud these programs of funds for over half a decade.

Elder Law Concern – Capacity Issues

Published on: July 9, 2016 | by Ettinger Law Firm

Sumner Redstone, founder of Viacom, once again had made headlines recently in his decision to alter the terms of his will, raising questions about his decision making capacity. Mr. Redstone suddenly removed two longtime trusted businessmen and friends, the chief executive and director of Viacom, from the trust that controls the media business when Mr. Redstone dies. After the ouster, both filed suit to invalidate the decision, claiming Mr. Redstone had diminished mental capacity and was being manipulated by his daughter, whom he has had rocky relationship with over the years. This is not the first time Mr. Redstone’s capacity has been challenged however. Prior to the recent ouster, he also has taken his former companions out of his trust, both were estimated to receive $75 million each.

After a series of strokes, Mr. Redstone now has a severe speech impediment that has left him needing an interpreter to speak on his behalf in a recent deposition. However, after evaluation by medical professionals, he has once again been cleared as mental capable of making his own decisions. In his most recent medical evaluation, he recalled why he made the decision to oust the two businessmen, pointing to falling stock prices and their inability to run the company correctly.

What Does Diminished Capacity Mean?

ALZHEIMER’S ASSOCIATION RELEASES 2O16 REPORT

Published on: May 17, 2016 | by Ettinger Law Firm

STAGGERING FIGURES

The Alzheimer’s Association recently released its 2016 Alzheimer’s facts and figures report earlier this month with a long list of many facts and figures, as the reports name implies. While the Alzheimer’s Association produces and publishes its report yearly, the 2016 report highlights the personal financial impact that the disease has on family caregivers. Most specifically, the report helps to show the amazing costs that are shouldered by American families in caring for patients with not just Alzheimer’s but dementia and those with general cognitive delays. In New York alone there are estimated to be 390,000 Alzheimer patients. The Alzheimer’s Association also estimates that there will be approximately 460,000 patients by 2025, an increase of approximately 20%. Overall, 4.7 million Americans are diagnosed with Alzheimer’s. That number is expected to triple by 2050. The emotional impact is already high, yet there is hope. Dr. Samuel Cohen gave a TED talk in late 2015 outlining breakthroughs that could spell a cure for the disease, which would in turn mean that the above numbers would indeed need to be revised.

As for the caregivers, there are approximately 16 million of you in the country who give your time and energy for your loved ones without any financial recompense. You give 18 billion hours of unpaid care for your parents, grandparents and other family members. National Public Radio (NPR) produced a report on the financial impact to individuals and families on March 30, 2016 which showed that the average caretaker used their own financial resources to help their loved ones with Alzheimer’s. The average cost was around $400 per month ($4,800 per year), although some spent up to $10,000 per year to help their relatives with Alzheimer’s. Oftentimes, the caretaker had to make choices between of certain necessities, for example, between food and medical care. As if the financial hit was not enough, it often necessitated that the caretaker reduce their own working hours to care for their loved ones with Alzheimer’s, thereby reducing their income even further. Many caretakers had to sell their own personal belongings to help make ends meet. Some were even reduced to basic poverty levels.