MEDICAID FRAUD: DEJA VU ALL OVER AGAIN

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MEDICAID FRAUD: DEJA VU ALL OVER AGAIN

In 2009 Ometta Vent Care Services and its owner, Barbara Currin, billed the state of Minnesota for skilled nursing home services. Currin claimed that her company provided care to two dozen vulnerable adults, garnering $2.7 million in medical assistance claims over an 18-month period.

The agency billed for 15,427 hours of registered nursing services. The State paid Ometta $40.44 per hour for the registered nursing services. As it turns out, however, the company records only showed 814 hours of registered nursing services. The remaining 14,600 hours, if provided at all, were by personal care attendants, where the reimbursement rate should have been a much lower $16.24 per hour.

Swanson filed criminal charges against Currin, pointing out that ten of the 25 patients were on ventilators and thirteen needed round the clock care. Swanson also said that the patients resided in housing provided by Currin, making them captive and isolated from others who might intervene to help them.

On September 21, 2010, Currin pled guilty to three felony counts of medical assistance fraud. Swanson’s office requested the Judge to make an upward departure of sentencing, to 39 months, but the judge sentenced her to one year in prison. She was also placed on probation for ten years, during which time she was prohibited from any employment that involved Medicaid funds. On December 20, 2012, Currin was additionally excluded, pursuant to 42 USC §1320a-79 (a)(1), from any participation in the federal health care program anywhere in the country.

In short order, while still on probation from the first offense, Currin created a network of criminal organizations which continued to bilk the Medicaid program. Many of the participants in the fraud ring were relatives of Currin.

Under the leadership of Currin, the family formed a series of Medicaid private duty nursing providers, including New Living, LLC, Capital Care Services, LLC, Linkin Home Health Care, LLC, Kind Hearts Health Care, LLC, Golden Touch Health Care, Top Notch Nursing, LLC, Juanita’s Home Health, LLC, RJ’s Home Health Care, LLC, Business Start Ups, LLC and My Legacy LLC.

To avoid detection, the companies listed various owners other than Currin, but the State alleged that Currin controlled the companies. Currin used different names to conceal her involvement, going by fictitious names such as "Annie," “Miss Annie," “Annie Spivey," “Annie Hawkins," “Boss,” “Owner,” “BSU Consultant," “Business Consultant,“ and “Lucy.”

The Currin ring then: (1) submitted falsified medical statements to Medicaid, (2) offered kickbacks to individuals who procured recipients for the Medicaid providers, (3) forged timecards for private duty nursing services not rendered, and (4) failed to submit proper documentation as backup for the claimed services. The ring paid kickbacks to Medicaid recipients—including utility payments, rent payments, cigarettes, fishing licenses, disabled parking permits, and of course money—to induce them to stay with Currin’s companies.

On April 13, 2015, Currin was arrested for violating the Medicaid employment prohibition in her probation. She also had not paid any of the $50,000.00 in restitution ordered as part of her original sentence. On April 23, 2015, the Court sentenced her to serve 24 months, with 16 months in custody and 8 months of supervised release.

Even after her incarceration, Currin continued to direct her relatives in their fraudulent scheme. The records of the companies indicated that Currin received at least $285,200 in Medicaid funds through the shell companies, as well as additional payments for “rent,” “utility payments,” and two Cadillacs.

On December 30, 2015, Currin and her relatives were charged with racketeering, theft by swindle, Medicaid fraud, forgery, and illegal kickbacks. On June 8, 2016, Currin was convicted of racketeering and was sentenced to 122 months in prison. She was also ordered to pay $2,648,539 in restitution for the fraudulently billed medical assistance claims.

Swanson made prosecution of Medicaid fraud a high priority during her tenure in which she obtained many, many convictions involving Medicaid fraud were obtained.

References:

  1. https://www.twincities.com/2015/12/30/ex-con-accused-of-again-orchestrating-medical-assistance-fraud/
  2. Currin v. State, No. A17-1483 (Minn. App. May 7, 2018), review denied (Minn. Aug. 7, 2018).
  3. State v. Currin, 974 N.W. 2d. 567 (2022).
  4. State v. Currin, Mn. Court of Appeals, File # A20-0603 (2021).
  5. Cooligan, Patrick, “Medical Fraud Ring Disclosed,” Star Tribune, December 31, 2015, page B1.
  6. Olson, Jeremy, “Home health care agency charged,” St. Paul Pioneer Press, October 22, 2009.
  7. https://bringmethenews.com/minnesota-news/ag-inmate-serving-medical-fraud-sentence-bilked-taxpayers-again
  8. https://www.twincities.com/2015/12/30/ex-con-accused-of-again-orchestrating-medical-assistance-fraud/