Program Allowed Elderly And Disabled To Live At Home Rather Than In A Nursing Home
Schneiderman: A Theft From Such A Program Deprives Those Most In Need From Living In The Community Surrounded By Family And Friends
PEARL RIVER, NY– Attorney General Eric T. Schneiderman today announced that Darlington Odidika, 47, of Poughkeepsie, Executive Director of Systems and Abilities, Inc., was sentenced today to 90 days in jail and five years’ probation, after pleading guilty to Grand Larceny in the Fourth Degree, a felony, for defrauding the Medicaid system of monies earmarked to allow the elderly and infirm to live in the community, rather than in an institutional setting. The corporation was also sentenced to pay a fine of $5,000 on its plea of guilty to Grand Larceny in the Fourth Degree.
“The Nursing Home Transition and Diversion program was created to allow our neediest citizens to live in their own homes rather than a long term care facility,” said Attorney General Schneiderman. “A theft from such a program is not only a theft from every citizen of New York but also deprives those most in need from living in the community surrounded by family and friends.”
Odidika personally and on behalf of Systems and Abilities, Inc. admitted to falsifying bids to agents of the New York State Department of Health Nursing Home Transition and Diversion program, a Medicaid-funded program that provides senior citizens and those suffering from physical disabilities an alternative to institutional living. Through the program, Medicaid pays for renovations to the homes of the elderly and disabled, such as wheelchair accessibility ramps, widening of doorways and installation of grab bars, which allow for individuals to remain in their homes rather than be transferred to a nursing home or rehabilitation facility. Medicaid also pays for moving expenses and basic home furnishings for individuals transitioning from a nursing home or rehabilitation center back into their homes.
Odidika and Systems and Abilities, Inc. were required to submit bids for these projects and arrange for contractors to provide modifications to the existing homes of qualified Medicaid recipients and then bill Medicaid based upon the final costs of the projects. As set forth in documents filed in court, between August 31, 2009 and November 30, 2011, Odidika falsified bids for these modifications and submitted them to agents of the Department of Health. By falsifying those bids, Odidika was able to control the contractor that won the bid and then used the false bid to inflate the amount of payment that Systems and Abilities received as its share of the project. Odidika admitted to submitting final cost reports, which falsely stated the actual costs of the projects, and the costs of moving expenses, by significantly inflating the actual costs or including services which were never provided.
Westchester County Court Judge Barry E. Warhit also sentenced Odidika and the corporation to pay restitution of $21,690, most of which has already been reimbursed to the Medicaid program.
The case was investigated by Investigator Timothy Connolly, Principal Special Auditor Investigator Ann Winslow with the assistance of Supervising Investigator Peter Markiewicz, Deputy Chief Investigator Kenneth Morgan and Assistant Chief Auditor Investigator John Regan.
Special Assistant Attorney General William McClarnon of the Medicaid Fraud Control Unit’s Pearl River Regional Office is prosecuting the case. Anne Jardine is the Regional Director of Pearl River Regional Office of Medicaid Fraud Control Unit. Thomas O’Hanlon is the Chief of Criminal Investigations-Downstate. The Medicaid Fraud Control Unit is led by Acting Director Amy Held. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.
