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Medicare Scams

On February 17, 2011, more than one hundred doctors, nurses, physical therapists and other medical providers were arrested as part of a huge, nationwide investigation dealing with medicare fraud. Approximately seven hundred law enforcement personnel were involved in the arrests of individuals accused with illegally defrauding medicare of more than $225 million dollars. The $225 million dollars represented illegal false billing of medicare for services that either were not necessary or never provided. Medicare fraud is a huge problem in the United States. It is one of the causes of the high expense rate for this program.

The February 17, 2011 medicare fraud arrests involved individuals in the following cities: Miami, Los Angeles, Dallas, Houston, Detroit, Chicago, Brooklyn, New York, Tampa, Florida and Baton Rouge, Louisiana.

In Detroit, a pediatrist who performed unnecessary partial toenail removals by the name of Dr. Errol Sherman was accused of defrauding medicare out of $700,000 for these unnecessary procedures. His alleged partial toenail removals were actually Dr. Sherman simply cutting the toenails of his patients. Dr. Sherman had the audacity to bill medicare for twenty toenail removals on three toes for one patient! He charged medicare $110.00 for each of these non-existent treatments. Query – how many toes can a patient have?

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Scandalous Brooklyn Proctologist

Dr. Borus Sachakow, located in Brooklyn, New York, is a proctologist. He billed medicaid for ten hemorrhoid removals for one patient. This is impossible! Dr. Sachakow had been previously arrested last year on criminal charges for other fraudulent medicaid activities.

Three clinics in Brooklyn, New York, that specialized in physical therapy were also busted. These clinics were part of an organized crime ring operated by Russian immigrants. They paid recruiters to find senior citizens to come to their office for unnecessary treatment. They billed medicaid $57 million for physical therapy that consisted of back rubs.

Miami, Florida

Home Care, Inc., which was run by two Miami physicians, was charged with writing $25 million worth of fake prescriptions. In Miami, more than three dozen individuals were charged with medicaid fraud. They were charged with falsely billing medicaid for more than $56 million.  The busts on Thursday, February 17, 2011, were in addition to the arrests of twenty one people in Miami on Tuesday of that week for $200 million in medicare fraud.

John Gillis, the FBI Agent in charge, stated “we can arrest and charge people every day and it still won’t make a dent until changes are made to medicare.”

Unfortunately, medicare operates under a system that pays for medical services without investigating as to whether these services were actually necessary. Medicare is one of the largest medical supplier systems in the world. It has more than $1.3 million licensed suppliers nationwide. This is increasing by more than 18,000 new suppliers coming onto the system each and every month. This system program needs a better system of policing.

Medicare Needs To Be Reformed

America is going broke. Medicare is one of those programs that is contributing to the financial problems faced by state and local governments. The medicare system must be changed. Procedures must be developed to provide quality medical care. The system today promotes high quantities of unnecessary medical procedures. We simply can no longer afford this!

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Elder Care Lawyers

There are many issues faced by senior citizens. The elder care lawyers at the Law Offices of Schlissel DeCorpo can assist seniors with these issues. We draft wills.  We probate wills. We litigate contested wills and estates for family members and friends of the decedents. We engage in medicaid planning. We deal with nursing home issues and we assist our clients when they feel there has been nursing home abuse. We draft special needs trusts for special needs children. We also provide tax planning advise for our high net worth clients concerning estate tax issues. Call us for a free consultation at 516-561-6645, 1-800-344-6431 or 718-350-2802.

Will Contests: Who, When and How?

piggy-bank-150x150Contesting a will involves a formal challenge to the validity of the will. The challenge to the will can be based on the failure of the execution ceremony to meet the appropriate statutory requirements. Another avenue for challenging a will involves allegations of the testator – the party making the will – not having the mental capacity to understand what he or she was doing at the time the will was executed. Wills also can be challenged for fraud, duress or undue influences in the State of New York.

Who Can Contest A Will?

The issue of who can contest a will deals with the concept of standing. Individuals who receive assets from a will are called beneficiaries. Beneficiaries have the standing to challenge a will if they feel their are not being treated appropriately. Individuals who would have inherited under intestacy (if there was no will) can also challenge wills.

In the event an individual dies without a will he or she is considered to have died intestate. Intestacy is a statutory scheme of inheritance for individuals who do not have wills. The intestacy scheme is based on blood lines. For example, children inherit from their mothers and fathers, and if there are no children, then the brothers and sisters of the individuals who died inherit and so forth down the line.

Grounds for Contesting a Will
There are a number of theories that can be used to contest a will. Fraud or trickery is one of these theories. If the person creating the will could have been tricked or deceived into writing the will and/or the terms of the will a will can also be challenged.

Duress is another ground for challenging a will. This happens when the individual is threatened into writing a will.

Lack of mental capacity is also a basis for challenging a will in New York. This involves situations where the individual either due to mental illness, infirmity, or taking drugs that alter his or her ability to make informed decisions, executes a will. Another ground for challenging a will is called undue influence. This is usually a case were a trusted individual, friend, relative or caretaker engages in a scheme for the purpose of having a will created for that individual’s own benefit.

Should you have questions about wills contact the wills attorneys at the Law Offices of Schlissel DeCorpo by email or at 1-800-344-6431.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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