Chaim “Mutty” Scheinbaum Performed Management Functions Reserved for Licensed Operators, Provided Sub-Standard Care, and Failed to Make Necessary Repairs
ALBANY, NEW YORK – The Justice Department, together with the New York State Office of the Attorney General, announced today that Chaim “Mutty” Scheinbaum has agreed to pay $656,000 to resolve allegations that he violated the False Claims Act by causing the submission of false claims to the Medicaid program for worthless services provided to residents at Saratoga Center for Rehabilitation and Skilled Nursing Care (Saratoga Center). Saratoga Center closed in February 2021, after this investigation was initiated. The United States and the State of New York previously settled with other individuals who agreed to pay a total sum of $7,168,000 to resolve similar allegations arising from misconduct at Saratoga Center.
“Nursing homes should protect the health and well-being of every resident,” said U.S. Attorney Carla Freedman for the Northern District of New York. “That did not happen at Saratoga Center. An individual with no lawful authority controlled the finances and failed to pay vendors. This unlawful arrangement resulted in false claims to Medicaid for worthless services. We will continue to hold responsible people accountable when they receive federal funds while providing substandard care. Thank you to Attorney General James and her office for collaborating on this case.”
“Ensuring nursing homes are safe and deliver quality care is a top priority for HHS-OIG,” said Naomi Gruchacz, Special Agent in Charge, of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Regional Office. “As alleged this individual had no legal authority to operate Saratoga Center and mismanaged their control, resulting in residents suffering the consequences of unacceptable living conditions. Together with our law enforcement partners we will continue to relentlessly pursue owners and operators of nursing homes that egregiously disregard resident safety and quality-of-care.”
“Every resident of New York’s nursing homes deserves high-quality care and proper staffing to meet their needs. Rather than ensure vulnerable residents got the care they deserved, this individual mismanaged Saratoga Center’s finances and failed to adequately staff the facility, causing residents to suffer the consequences of neglect and unsanitary conditions. I want to thank United States Attorney Carla Freedman and our partners in law enforcement for their assistance in bringing this unacceptable situation to light and to justice. My office will continue to ensure nursing home residents are protected, and I encourage anyone who has witnessed alarming conditions, resident neglect, or abuse at a nursing home to contact my office.”
Scheinbaum acknowledged in the settlement agreement that, despite never obtaining a license that would have allowed him to legally operate Saratoga Center, beginning around April 2018, he controlled Saratoga Center’s finances, determined which vendor bills would be paid, maintained the financial books and records, and had the authority to hire and fire high level employees. Under New York State law, these responsibilities were vested exclusively in the licensed operators, who had previously relinquished control of Saratoga Center. While Scheinbaum was operating Saratoga Center, certain vendor bills went unpaid and some vendors refused to deliver goods and/or services, including making necessary repairs. Further, Saratoga Center failed to ensure that:
- residents had access at all times to hot water;
- the fire alarm system was properly maintained;
- the kitchen was clean and staff were able to serve hot food;
- there was a supply of linens to bathe and care for residents;
- garbage was collected;
- there was effective pest control; and
- water leaks were timely repaired.
This settlement resolves allegations that Scheinbaum submitted or caused the submission of false claims by (1) illegally operating Saratoga Center and (2) overseeing the provision of worthless services provided to residents of Saratoga Center.
The resolution obtained in this matter was the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the Justice Department’s Civil Division Commercial Litigation Branch, Fraud Section, the New York State Office of the Attorney General’s Medicaid Fraud Control Unit, and the United States Department of Health and Human Services, Office of Inspector General.
Assistant U.S. Attorney Christopher R. Moran and Civil Division Attorneys Carol Wallack and Lyle Gruby handled this matter for the United States.
The United States’ investigation was part of its Elder Justice Initiative, which supports the efforts of state and local prosecutors, law enforcement, and other elder justice professionals to combat elder abuse, neglect, and financial exploitation, with the development of training, resources and information. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice.
Source:
New Jersey Man to Pay $656,000 for Illegally Operating Ballston Spa Nursing Home
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