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Post date: April 7 2005

Owner Of Unlicensed Home Care Agency Gets Jail For $95,000 Fraud Involving Long Island Child

Attorney General Spitzer announced that Burnadett Weir, a licensed practical nurse who ran an unlicensed home care agency, was sentenced to 45 days in jail for stealing more than $95,000 from taxpayers, in part by sending unqualified individuals to provide nursing services to a disabled seven-year-old child.

Appearing for sentencing before Nassau County Court Judge Jeffrey Brown on March 9, 2005, Weir, 56, of 104-17 191st Street in Hollis, was also sentenced to five years’ probation. She made restitution, including interest, of $121,000 to the state Medicaid program prior to sentencing.
By pleading guilty to third-degree grand larceny in June 2004, Weir admitted that, between October 1997 and February 2002, she falsely certified to Medicaid that she had personally provided services to a severely mentally retarded Westbury child when, in fact, she had arranged for a variety of individuals, including unlicensed, unqualified and unapproved individuals to provide care to the child. As a result of her misrepresentations, Weir admitted that she stole $95,946 from the Medicaid program.

Attorney General Spitzer thanked the state Departments of Health and Education, the Nassau County Department of Social Services and United Cerebral Palsy for their assistance in the investigation.

Spitzer noted that the matter was referred to the Department of Education’s Office of the Professions for a review of Weir’s nursing license.

Special Assistant Attorney General Alan Buonpastore, Director of the Medicaid Fraud Control Unit’s Long Island Regional Office, prosecuted the case. Supervising Associate Auditor Investigator Margaret McArdle and Associate Special Auditor Investigator Kathleen Yoos, under the supervision of Principal Special Auditor Investigator Daniel Asnis, and Special Investigator James Haefner, under the supervision of Supervising Special Investigator Greg Muroff, assisted in the investigation.