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Post date: November 18 2016

A.G. Schneiderman Announces A Larceny Plea By A Rochester Man For Billing Medicaid For Aide Services Not Provided To A Medicaid Recipient

News from Attorney General Eric T. Schneiderman

November 18, 2016

New York City Press Office / 212-416-8060
Albany Press Office / 518-473-5525
Twitter: @AGSchneiderman


Charles Herring Falsified Time Sheets For Home Health Aide Services Not Provided 

Schneiderman: We Will Continue Working To Root Out Medicaid Fraud And Hold Those Responsible Accountable

ROCHESTER – Attorney General Eric Schneiderman today announced that 39 year-old Charles Herring pled guilty to grand larceny for his role in falsifying time sheets and billing Maxim Health Care and ultimately, the NYS Medicaid program, for home health aide services that were never actually provided.  Herring’s criminal conduct caused Maxim Health Care to bill Medicaid for home health aide services that were not performed.            

The plea was based on the following facts and circumstances: that Charles Herring, age 39, of 733 Portland Avenue, Rochester, submitted time sheets to Maxim Health Care falsely showing that an aide whom Herring hired, who was his girlfriend, provided home care services for a Medicaid recipient, for approximately 502 hours between January 1, 2015 and December 16, 2015, for time periods when that aide could not have provided the alleged care because either she was working another job or because the Medicaid recipient was at an adult day care program for the same hours of the aide allegedly claimed to have provided home health aide services during this time period. 

“Those who steal from Medicaid exploit the vulnerable people who depend upon the Medicaid program for needed care and compromise the integrity of our health care system,” said Attorney General Schneiderman. “My office will continue working to root out fraud by Medicaid providers in all industries, including the provision of home health aide services, and hold those responsible accountable.”

The services were allegedly rendered and paid through the Consumer Directed Personal Assistance Service Program (CDPAP), through which Herring was designated as the “self-directing other” for the Medicaid recipient and as such was responsible for the administration of her home health aide services, including approval of the aide’s time sheets submitted to Maxim. Based upon the time sheets submitted, Maxim billed the State Medicaid Program $9,036, while Herring and the aide received $5,020 in pay for 502 hours of services that were not provided, according to the charges filed.     

Rochester City Court Judge Stephen Miller presided over the proceedings where Herring entered a plea to Grand Larceny in the 4th Degree, an “E” felony.  Judge Miller adjourned the matter to January 19, 2017 for sentencing.

The Attorney General thanks Supervising Investigator Colleen Balkin of OMIG for her assistance in this matter.

The case was investigated by Special Investigator Arthur Vasile and Auditor/ Investigator Stephen Sachman with assistance from MFCU Regional Chief Auditor Thomas Clarke and MFCU Deputy Chief Investigator William Falk.  The case is being prosecuted by Special Assistant Attorney General Timothy McFarland. Catherine Wagner is Director of the Rochester Regional MFCU Office and the Upstate Chief of Criminal Investigations. The Medicaid Fraud Control Unit is led by Director Amy Held and Assistant Deputy Attorney General Paul Mahoney.

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