The Law Offices of Leo Mikityanskiy represents clients in Medicaid audits in Brooklyn, NY.  Medicaid is a means-tested federal health insurance program administered by New York State.  When people apply for Medicaid, they do not always follow, or even know, all the rules governing Medicaid eligibility, including income and asset requirements.  Some people intentionally mislead the government to receive Medicaid benefits, which no one should ever do.  However, even more often, people who apply for Medicaid, even though they are not eligible, receive Medicaid benefit because they fail to disclose one type of asset or another.  Some of the applicants make honest mistakes because they do not know all the rules (even though they are obligated to know them) or because they do not believe a certain type of asset is “countable” for Medicaid eligibility purposes.  Some examples of this are pension plans (including 401K) and whole life insurance policies that have a cash surrender value.  With a proper Estate Plan and Asset Protection Plan prepared by a qualified attorney, you will avoid these Medicaid eligibility issues.

Another kind of Medicaid applicants who are not eligible are those who don’t know about it: when a person is institutionalized, sometimes already experiencing the adverse cognitive and memory effects of age-related dementia, Social Workers at hospitals and nursing homes sometimes apply for Medicaid for the institutionalized individuals.  These Social Workers are not always thorough in finding out the financial status of the individual, and their sole concern is that their hospital or nursing home gets paid by Medicaid.  The Social Workers usually bear no responsibility for the mistakes they make on the Medicaid applications.

Finally, the last category of Medicaid investigations are mistakes by the government organizations investigating suspected fraud because certain government employees are not aware of all applicable rules, have incomplete information about an applicant, or do not understand the specific rules applicable during the time period being investigated (the rules periodically change and the income and resource levels are routinely adjusted).

Depending on what government entity is investigating the alleged Medicaid fraud, the Medicaid recipient may be facing potential civil or even criminal liability if the investigation is not addressed in a timely manner.  Termination of Medicaid benefits may only be the start then, followed by large bills for payments made during a period of ineligibility or worse.  New York State Office of the Attorney General (Medicaid Fraud Control Unit) is responsible for criminal investigations and prosecution of alleged Medicaid fraud, and New York City Department of Social Services/Human Resources Administration (Bureau of Fraud Investigation) is responsible for civil Medicaid investigations.  These are the primary Medicaid investigators in New York State, but there are other state and federal government organizations that may investigate Medicaid fraud.  In either case, a Medicaid audit or investigation is a very serious matter, for which a person should seek qualified representation immediately, or risk missing the response deadlines in correspondence notifying of the investigation.  You should be aware that even the Bureau of Fraud Investigation, which conducts a civil investigation, may refer your matter to a criminal prosecutor.

When you receive a letter concerning the investigation, it is frequently because the investigators became aware of income, property (real estate, cars, businesses, and property overseas) or money in the bank that affect your Medicaid eligibility.  The letter may schedule an appointment for you to come in, a telephone conference, and it may request documents and information from you.  It is essential that you speak with a knowledgeable attorney about your particular situation before responding.  Otherwise, your rights and remedies may be irrevocably lost.

Attorney Leonid Mikityanskiy advocates on behalf of his clients and negotiates settlements in Medicaid investigations and audits in Brooklyn, NY.  A settlement usually means that no criminal charges or further civil charges are pursued.  The Law Offices of Leo Mikityanskiy will help you with:

  • Mistakes on Medicaid applications;
  • Misrepresentations on Medicaid applications (intentional and unintentional);
  • Failure to report changes in status (income, assets, marital status, adult household members);
  • Mistakes of third parties (Social Workers, insurance brokers);
  • Mistakes and incorrect presumptions of investigating agencies, including misunderstanding of the rules, income/assets and the supporting documentation;
  • Medical provider Medicaid fraud (medical services; medications; Medicaid abuse by doctors, dentists, clinics, pharmacies, laboratories, imaging companies, medical equipment and supplies companies, ambulance companies, home health care companies, and other medical providers; overbilling, billing for unnecessary services and medications, billing for services not provided, and medication substitutions; illegal kickbacks for medical referrals); and
  • Calculating the correct amount of Medicaid claim for the period in question.

The Law Offices of Leo Mikityanskiy aggressively represents clients in Medicaid audits, investigations, and fraud allegations in Brooklyn, NY.  Please contact attorney Leonid Mikityanskiy at our Brooklyn, NY office at (718) 256-3210.


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