By Jeff Lipton
Capping a two-year investigation of the home care industry dubbed "Operation Home Alone," state Attorney General Andrew Cuomo announced the indictment of B&H Health Care Services Inc., also known as Nursing Personnel Homecare, on May 1. The licensed agency, which is headquartered in Brooklyn, employed more than 1,000 home health aides who had received little or no required training and billed Medicaid at least $30 million for services those employees were not qualified to provide, authorities said.
The untrained aides visited the homes of the elderly, frail and indigent on a daily basis "to provide sensitive medical care," according to Cuomo's office.
Walter Greenfeld of Brooklyn, a part owner of Nursing Personnel, was also indicted for his role in the scheme, officials said.
"Home health aides are the professionals that we trust to provide critical care for the ones we love," said Cuomo. "Companies in this industry have a moral and legal obligation to ensure that their employees are qualified to provide this care and not use it as a vehicle for personal profit off the taxpayers."
The indictment charges Greenfeld and the agency with first-degree grand larceny and three counts of first-degree offering a false instrument for filing. The grand larceny charge carries a mandatory minimum sentence of one year in prison and a maximum sentence of 25 years, and each false filing charge carries a maximum four-year prison term. At the arraignment, Brooklyn Supreme Court Judge Guy J. Mangano Jr. adjourned both cases until June 4.
According to its Web site, Nursing Personnel Homecare was established in 1989 to assist the elderly and infirm and give them greater independence in their homes. The private agency is "a viable alternative to institutionalization with compassionate care in the familiar surroundings of home," the Web site states. "Our goal is to offer the best health care possible."
The agency claims that it provides a certified staff of "specially trained and loving care givers" as well as "skilled nurses to provide any level of nursing care." According to the Web site, all Nursing Personnel employees are qualified, and the agency is "proud to be an accredited member, with an impeccable record," of the Joint Commission on Accreditation of Healthcare Organizations.
The attorney general has also filed a civil suit against Nursing Personnel, Greenfeld and 16 other shareholders of the corporation to recover more than $30 million that was allegedly stolen from Medicaid, Cuomo said. The civil suit also seeks $90 million in damages.
Medicaid requires that home health aides - who care for elderly patients, administer medication and provide services such as catheter, colostomy and wound care - successfully complete a training program licensed by the state Department of Health or the State Education Department. Aides must receive a minimum of 75 hours of training, including 16 hours of supervised practical training conducted by a registered nurse, officials said.
According to the indictment, Nursing Personnel and Greenfeld were aware that many of the aides for whom they billed Medicaid had not received the proper training and were therefore not eligible for payment.
In addition to the indictment of Greenfeld and Nursing Personnel, the attorney general's investigation uncovered that the agency used "coordinators" to secure home health aides and facilitate their hiring, often by arranging for the aides to receive certifications from corrupt training schools without the required training, officials said. Two coordinators were arraigned recently on first-degree grand larceny charges and other offenses.
The attorney general has also called for a statewide registry of certified home health aides to be developed and maintained by the state Department of Health. The registry would enhance the state's ability to oversee the industry, provide potential employers with the ability to screen home health aides, and help detect and deter fraud, Cuomo said.
New Yorkers are urged to report cases of suspected fraud to the attorney general's toll-free Medicaid fraud hotline, (866) NYS-FIGHT (697-3444).
Calls to Nursing Personnel's Brooklyn office seeking comment were not returned, nor were calls to its attorney, Randy Mastro.
Comments about this story? JLipton@liherald.com or (516) 569-4000 ext. 210.
