A.G. Schneidmeran Announces Arrest Of Rochester Man Who Allegedly Defrauded Medicaid By Falsely Reporting Aide Services For Relative

News from Attorney General Eric T. Schneiderman

September 8, 2016

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Charles Herring Allegedly Submitted Time Sheets To Medicaid For Girlfriend Who Did Not Provide Care To His Ill Relative

Schneiderman: My Office Will Continue Working To Root Out And Prosecute Medicaid Fraud

ROCHESTER – Attorney General Eric T. Schneiderman today announced his office has filed felony criminal charges against Charles Herring from Rochester, who allegedly submitted phony time sheets to Maxim Health Care, who, based on the false time sheets, unknowingly billed Medicaid for home health aide services that were not performed.

Charles Herring, age 39, of Rochester, allegedly submitted time sheets to the Maxim Health Care indicating an aide he hired, his girlfriend, provided home care services for his relative for approximately 502 hours between January 1, 2015 and December 16, 2015, when the girlfriend was working another job or when his relative was in an adult day care program for the same hours during this time period. Herring was the self-directed other for the aide care of his relative and as such was responsible for the administration of their care including the aide time sheets submitted to Maxim.    

“Taking advantage of a relative’s illness to line one’s own pockets is reprehensible, and a serious betrayal of the public trust,” said Attorney General Schneiderman. “We are working hard to protect the integrity of our health care system by aggressively pursuing those who steal from Medicaid and exploit those in their care.”

Based upon the false time sheets, Maxim allegedly billed the State Medicaid Program $9,036, while Herring and the aide received approximately $5,020 in pay for 502 hours that were allegedly not worked.    

Rochester City Court Judge Steven Miller arraigned Herring on one count each of Grand Larceny in the Fourth Degree, Falsifying Business Records in the First Degree and Offering a False Instrument for Filing in the First Degree, all class E felonies.  Herring faces a maximum penalty of two to four years in prison. Judge Miller adjourned the matter to Monday, September 12.

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. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

The charges are merely allegations and Herring is presumed innocent.


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