LI Pediatric Practice To Pay $750,000 Answering Allegations Improper Medicaid Billing

Long Island-based pediatrics practice Freed, Kleinberg, Nussbaum, Festa & Kronberg M.D., LLP, doing business as Pediatrics and Adolescent Medicine (the “Practice”), as well as current and former partner physicians of the Practice, including Arnold W. Scherz, M.D., Mitchell Kleinberg, M.D., Michael Nussbaum, M.D., Robert Festa, M.D., and Jason Kronberg, D.O. (“Partners”), have agreed to pay $750,000 to resolve allegations that they billed the Medicaid Program for services provided by physicians who were not enrolled in the program.  The settlement, which resolved government claims under the federal False Claims Act and the New York State False Claims Act, was approved by United States District Judge Joanna Seybert.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the settlement.

“Providers serving Medicaid beneficiaries must be properly credentialed and thoroughly vetted to ensure that proper care is provided and to preserve the integrity of the Medicaid Program, which serves our neediest citizens,” stated United States Attorney Donoghue.  “Today’s settlement reflects this Office’s commitment to safeguarding taxpayer programs like Medicaid by vigorously investigating allegations of fraud in False Claims Act cases.”

Mr. Donoghue thanked the Medicaid Fraud Control Unit of the Office of the New York State Attorney General for its assistance in the investigation.

The government’s investigation revealed that, from July 1, 2004 through December 31, 2010, the Practice and Partners employed a number of physicians who were not enrolled in the Medicaid Program who provided care to Medicaid patients.  Because the physicians were not enrolled in the program, the Practice and Partners could not seek reimbursement from Medicaid for the services provided by these physicians.  The defendants nonetheless did so by submitting requests for payment under the Partners’ Medicaid provider identification numbers, thereby misrepresenting the identities of the individuals who were actually providing treatment to the Practice’s pediatric Medicaid beneficiaries.  This improper billing practice occurred at many of the Practice’s Long Island locations, including facilities in Holbrook, Port Jefferson, Shirley and Wading River.  

The allegations were brought to the government’s attention through the filing of a complaint pursuant to the qui tam provisions of the False Claims Act.  Under the Act, private citizens can bring suit on behalf of the United States and share in any recovery. 

The government’s case was handled by Assistant United States Attorney Jolie Apicella of the Office’s Civil Division. 

E.D.N.Y. Docket No. 14-CV-3943 (JS)

Southampton Progressive Caucus Invites Public To Two Candidate Debates

Southampton Progressive Caucus presents Two Candidate Debates

Democratic Congressional candidates Kate Browning, Elaine DiMasi, Perry Gershon, David Pechefsky and Vivian Viloria Fisher. Rebecca Dolber moderator.

The Southampton Progress Caucus will present two debates among the Democratic candidates for Congress on Saturday, May 5 and Saturday, May 19. The May 5 debate will be held at the Southampton Inn at 91 Hill Street, Southampton. Doors open at 1:30 p.m. and the debate runs from 2 to 4 p.m. The May 19 debate will be held at Chancellors Hall at Stony Brook Southampton, 239 Montauk Highway, Southampton. Prior to that debate there will be a grass-roots activists’ fair from 1:30 to 2 p.m. Debate will run from 2 to 4 p.m.

The debates will feature the five candidates running in the Democratic Congressional primary on June 26: Kate Browning, Elaine DiMasi, Perry Gershon, David Pechefsky and Vivian Viloria Fisher. The debates will cover a wide range of topics, domestic and international. They will be moderated by Rebecca Dolber, founder of East End Action Network, bio below.

The Southampton Progressive Caucus (SPC) is an alliance of grassroots activists and the Southampton Town Democratic Committee. It was formed in 2017 to advocate for social justice, advance progressive values and to elect progressive Democrats in Southampton Town, Suffolk County, New York State and New York’s 1st Congressional District. In the words of Andrea Klausner, one of the founders of the Southampton Progressive Caucus, “The stakes have never been higher to elect responsible, qualified individuals to represent us in Congress. These debates are an opportunity to get to know our wonderful candidates better so we can be fully informed voters.”

The debates are free and open to all.  For more information, please contact Andrea Klausner at shprogressivecaucus@gmail.com.

Kate Browning served as a Suffolk County Legislator representing the 3rd district for 12 years. She was born and raised Belfast, Northern Ireland, and has lived with her husband and children in Shirley since 1989. Before taking office, Browning worked as a school bus driver for the William Floyd School District. Her husband and sons have served in the military and she “avidly supports our service members overseas and their families here at home.” In her words, Browning “has fought for Suffolk County’s working families, has successfully controlled spending and held the line on taxes, cracked down on illegal housing and made protecting our precious environment a focus.”

Elaine DiMasi spent 21 years as a federal contractor and project manager at Brookhaven National Lab, “delivering world leading solutions in energy, environment and health.” DiMasi says her blue-collar background and work ethic inspired her “to value, respect and protect the dignity of working women and men.”DiMasi believes in “a government that values two way communication and transparency, a government that cares for all its people equally, is responsive to them and their concerns, an American future that values equality for its people and that opens doors of opportunity for all.”

Vivian Viloria Fisher is a former teacher of English and Spanish for the Middle Country and Three Village School districts and Suffolk County Legislator from East Setauket. She was elected to the Suffolk County Legislature on January 19, 1999 in a special election. She went on to serve 13 years as a legislator and served as deputy presiding officer for six years. Her greatest areas of interest were social justice and environmental protection. After leaving the legislature, due to term limits, she served on a number of boards including the Suffolk County Food Policy Council, which she created, and Planned Parenthood Hudson Peconic’s C3 and C4 boards.

Perry Gershon is a successful businessman making his first foray into politics because “he is disturbed by a Washington political class that cares more about themselves than the American people.” After founding a sports bars at the age of 23, Gershon spent more than 25 years in commercial real estate finance. He co-founded a firm during the Great Recession to offer alternatives to traditional lending sources, providing capital for real estate projects and preventing defaults and foreclosure. Over his career, Gershon has “earned a reputation for bringing about cooperation among diverse parties to achieve common goals, which has prepared him to reach across party lines in Congress.” Gershon oversaw Hurricane Sandy relief efforts for his synagogue as chair of its social action committee. He is also a marathon runner who has used the sport to raise money for numerous charitable causes. Gershon put down roots in Suffolk County more than 22 years ago. He and his family live on the South Fork.

David Pechefsky grew up in Patchogue was valedictorian at Patchogue-Medford High School in 1986. He earned his BA from Hunter College and a masters in international development at American University. As a longtime staffer for the New York City Council, Pechefsky worked on issues ranging from protecting children to lead poisoning to promoting green buildings to affordable housing. At the MTA and the Mayor’s Office of Appointments, he worked to ensure the city had the most qualified and capable people in leadership roles. Pechefsky has also worked to help build democracy abroad. As a consultant for the National Democratic Institute from 2010 to 2013, he helped establish a legislative budget office for the Congress of Liberia, managed a U.S. government funded program to strengthen the parliament of Somalia and worked with the prime minister of Iraq. Pechefsky lives in Port Jefferson and  is on leave from his position as a senior advisor with Generation Citizen, a nonprofit that trains college students to be “democracy coaches,” and provides civic education for middle and high school students. He led the initiative to obtain over $1 million in public funding for the organization.

Rebecca Dolber (moderator), who up in East Moriches, is the founder and organizer of the East End Action Network, a grassroots, Indivisible organization focused on voter outreach and education. She earned a B.A. in communications and film from Manhattanville College and continued her studies in screenwriting at the New York Film Academy. She spent her 20s living and working in New York City, coordinating various productions for Iron Films and NBC Universal. A year before her 30th birthday, she moved back to the district to build her own business, a wholesale jewelry and design firm, R.E.D., Rebecca’s studio. Her jewelry can be found in surf shops and yoga studios from Moriches to Montauk. Dolber currently resides in Center Moriches.

SUFFOLK CLOSEUP - Enormous Opposition To Trump's Plan For Drilling Off LI

SUFFOLK CLOSEUP

By Karl Grosssman

          Opposition to the Trump administration’s plan for oil drilling off Long Island has been enormous—and bipartisan. Whether the strong and broad-based opposition will make a difference and prevent drilling—as a series of moratoria passed by Congress in recent decades blocking Atlantic oil drilling have done—remains to be seen.

The first Long Island public official out with opposition to oil drilling offshore Long island, following the January announcement by U.S. Interior Secretary Ryan Zinke of plans for oil drilling in the Atlantic and expanded drilling in the Pacific, the Gulf of Mexico and Arctic Ocean, was Brookhaven Town Supervisor Ed Romaine.      

Noting that Brookhaven “has the largest coastline of any town on Long Island.” Mr. Romaine, a Republican, wrote Secretary Zinke. “As town supervisor, I do not support drilling in waters off our coastline. Like most Americans, I am concerned about the huge risks offshore drilling carries. A spill anywhere on the Atlantic Coast could decimate large sections of coastline and negatively impact our coastal economy. The Long Island coastline supports nearly 350,000 jobs and generates millions of dollars through tourism, fishing, and other industries.”

         “This proposal,” he went on, “came just as the 9-cent per oil tax to fund emergency cleanup of oil spills expired” and, “in addition, the Trump administration has announced plans to roll back regulatory protections for deep-water drilling. These regulations deal with safety checks and equipment standards on oil.”

There have been a series of public hearings in Suffolk on the Trump administration plan.  

         At a hearing in Smithtown, led by New York State Assemblyman Steve Englebright, a Setauket Democrat and chairman of the Assembly’s Environmental Conservation Committee, and including many public officials, environmentalists and scientists, Mr. Englebright said: “The Atlantic outer continental shelf is not an appropriate area for offshore drilling. Period. The risks associated with drilling, including oil spills, far out-weigh any potential benefits. Especially since the state is currently working to advance renewable energy projects on our continental shelf area rather than climate change inducing fossil fuel-oriented projects such as the drilling.”

          “Are we willing to industrialize our pristine coastlines?” demanded State Assemblyman Christine Pellegrino, a Democrat from West Islip, at another hearing, at Brookhaven Town Hall. “Long Islanders will not stand idly by as the federal government endangers our coastline.”

At that hearing, organized by U.S. Representative Lee Zeldin of Shirley, a Republican who is close personally and politically to GOPer Trump, Mr. Zeldin declared: “Protecting our environment goes hand in hand with protecting commerce in our region, where so many jobs and small businesses depend on scenic beaches, parks and clean water to attract visitors and economic growth.” 

          State Assemblyman Fred W. Thiele, Jr. of Sag Harbor, Independence Party chair in Southampton Town who also runs on the Democratic ticket, issued a statement declaring: “This leasing program seeks to make a majority of the United States Outer Continental Shelf open to oil and gas exploration and construction representing the first time in decades that many states’ coasts would be exposed to such development and potential harm….It is a reckless proposal that must be rejected out of hand. An oil spill off the coast of Long Island would destroy our economy and our quality of life.”

               Long Island environmental organizations have gotten involved. The Long Island chapter of the Sierra Club has stated that the “risks of offshore drilling to our marine habitat and coastline are far greater than any short-term profit that may be gained. New York is a coastal state and Long Island, especially, depends on tourism, fishing. And other commercial activities that involve the our use of the ocean. Most importantly, enjoying and protecting our waters and the life within them is part of our culture and the reason many come to live and work here.” It said the “current moratorium” on drilling in the Atlantic “should stay in place” and the “proper use” of federal government “resources is to encourage the development of clean and renewable energy sources, such as offshore wind.”

           New York Governor Andrew Cuomo has called on Mr. Zinke to “exempt” Long Island waters from offshore drilling, Offshore drilling poses an unacceptable threat to New York’s ocean resources, to our economy and to the future of our children.  It introduces the unprecedented risk of extremely hazardous oil spills, contributes to the acceleration of climate change, and conflicts with New York’s ambitious agenda to develop offshore wind energy.  With this plan, the federal government is trampling on the interests of New Yorkers and threatening the future wellbeing of our state,” he declared. Top of Form

New York Governor Andrew Cuomo, a Democrat, has called on Mr. Zinke to “exempt” Long Island waters. “Offshore drilling poses an unacceptable threat to New York’s ocean resources,” he wrote. “It introduces the unprecedented risk of extremely hazardous oil spills, contribution to the acceleration of climate change, and conflicts with New York’s ambitious agenda to develop offshore wind energy.”

Meanwhile, beyond words, governmental action has begun to thwart the federal plan. In neighboring New Jersey last week, legislation to ban oil drilling in state waters and prohibit construction of infrastructure in them—pipes and so on—to support drilling in federal waters was approved unanimously in the State Senate. “This is a back-door way of blocking the offshore drilling that would be allowed by the federal action,” said co-sponsor Senator Jeff Van Drew, a Cape May Democrat. “We control the first three miles at the state level, so we will use that authority to try to hinder or block drilling along the Jersey coast.”

Karl Grossman is a veteran investigative reporter and columnist, the winner of numerous awards for his work and a member of the L.I. Journalism Hall of Fame. He is a professor of journalism at SUNY/College at Old Westbury and the author of six books. 

Amy's Perspective - Smithtown Residents Have Been Heard

By Amy Fortunato

The good news is that the Smithtown residents have been heard.  It’s a relief to finally hear that our Town Council discussed Smithtown United Civic Association’s appeal for an authentic business analysis of the properties that could be consolidated and turned into Transit Oriented Development near the Smithtown LIRR station.  At the close of the Town Council’s working session on 4/10, the request was mentioned but really only revisited to complete an appraisal of the outlier Town owned buildings to the Town Attorney. This request for appraisals of the 18 outlier buildings that belong to the town has been made before.  Smithtown has 28 various departments and 18 buildings – with lots of walking imposed between the numerous buildings/departments! 

It’s not a new request. The New York Ave. neighbors presented the same request during numerous Town Council meetings more than a year ago when the Town Council was approached to possibly consolidate into the Joseph Barton Administration Building and retain the athletic fields for a town green and recreation near the heart of the downtown business district.  At that point in time, the appraisals were predicated on the current zoning and not the potentially changed zoning for that property.    There’s no way to address a possible consolidation without all the appraisal figures – although the Smithtown taxpaying residents asked for these appraisal results last year.  Clearly, the citizens were patient but ignored – when they asked for the appraisals of the Town Dept’s buildings.  Transparency was avoided during those Town Council meetings.  

During the last Smithtown School Board regular meeting held on 4/10, our Superintendent, Dr. James Grossane and School Board President, Mr. Jeremy Thode assured those in attendance that the NY Ave. properties are NOT for sale and that the Town has NOT been in contact with the School Board.   Both Dr. Grossane and Mr. Thode publicly described their intentions to engage with the local community in the future regarding any possible sale or development BEFORE any real estate issues are presented.  In another recent meeting 4/6 with the School Board Superintendent and Assistant Superintendent, Mr. Andrew Tobin – the same assurance of commitment to our community and transparency was emphasized by the School Administration on behalf of the School Board. The rumors were dispelled, participation and engagement with Smithtown’s taxpaying residents was reassured.  

It’s good to know that we’ve been heard.  This level of commitment and communication is honorable, ethical and necessary for Smithtown to prosper – developing for the future while preserving our historic past.   

Amy Fortunato is a Smithtown resident who ran for Town Council on the Democratic line in 2017.     

Theater Review – ’12 Angry Men’

Theater Review – ’12 Angry Men’

Produced by Theatre Three – Port Jefferson

Reviewed by Jeb Ladouceur

Anyone who’s ever participated in, or otherwise observed a murder trial in this country, has undoubtedly realized that the process consists essentially of four key phases. They are: Selection of a Jury (or a judge if it’s a ‘bench trial’) … Presentation of Sworn Evidence by a prosecutor to aid that deliberative body (or arbiter) … Rebuttal by the accused’s defense counsel … and finally, Evaluation of the Evidence by the jury (or judge). The action in the acclaimed Reginald Rose play, ‘12 Angry Men,’ is limited to the final jury discussion procedure.

Because a jury’s verdict in American homicide trials must be unanimous, these cases offer a uniquely compelling opportunity for high drama in the private confines of the Jury Room … especially since the ‘stakes’ are always incredibly high … often resulting in a life sentence for the accused … or worse. That’s the situation which evolves as playwright Rose brings together his ‘12 Angry Men’in a nondescript New York City courthouse in the ‘50’s.

One of the most interesting aspects of this production derives from the fact that it is a courtroom drama wherein the audience never sees the inside of the courtroom itself … all of the action takes place in the deliberation room where only the dozen diverse adjudicators are present. The facts of the case are revealed in the panelists’ clever dialogue and body language, and we soon come to learn that no two people are quite alike when it involves evaluating evidence or meting out justice.

Another fascinating touch which Reginald Rose has brought to this humdinger of a show is the fact that the twelve jurors are never referred to by name; only their numbers … one through twelve … are used to identify them. This has the effect of lending an appropriate anonymity to the ‘12 Angry Men,’ and as we get to know their characters, ‘2’ becomes synonymous with ‘meek’ … ‘3’ proves to be ‘stubborn’ … ‘9’ comes to stand for ‘wise’ … and so forth. Things are all quite beguiling (not to mention stuffy) in that sweltering room where even the air conditioner is broken. But never mind … everything else works just fine under the capable leadership of convincing protagonist, Juror 8, played by Theatre Three veteran, Steve Ayle.

This breathtaking drama got its start as a live teleplay in 1954 (yes, I admit that I recall the debut). The highly acclaimed Henry Fonda film followed three years later, and the play itself finally made it to the legitimate stage when Broadway’s Roundabout Theatre mounted the show at the American Airlines playhouse in 2004. Since then, the iconic psychological drama has introduced aficionados to some of the best dramatic dialogue ever written. It is safe to say that Reginald Rose has proven himself a master of legal intrigue. Acting giants who have starred in Rose’s masterpiece include E.G. Marshall, Franchot Tone, Lee J. Cobb, George C. Scott, Edward Arnold, and Jack Klugman. Similarly, some of Long Island’s finest male actors (Michael Newman, Jack Green, and Steven Uihlein) appear with Ayle in Theatre Three’s current production.

This has got to be among the toughest of plays to direct; it’s no secret that eleven of the twelve jurors are ultimately flipped during the proceedings in that uncomfortable old barn of a room where they haggle, curse, and physically threaten one another. Heavens to Betsy, it’s difficult enough to show one hard-headed adjudicator changing his mind believably under the type of circumstances playwright Rose establishes … but eleven? Our hat is off to director Bradlee E. Bing for managing so effectively to chew the big chunk he’s bitten off.

As always, Randall Parsons’ set is near-perfect, and the costumes and lighting under Teresa Matteson and Robert W. Henderson. Jr. respectively are appropriately unobtrusive. This is a fine, superbly paced show that should not be missed.

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 Award-winning writer, Jeb Ladouceur is the author of a dozen novels, and his theater and book reviews appear in several major L.I. publications. His recent hit, THE GHOSTWRITERS, explores the bizarre relationship between the late Harper Lee and Truman Capote. Ladouceur’s newly completed thriller, THE SOUTHWICK INCIDENT, was introduced at the Smithtown Library in May. The book involves a radicalized Yale student and his CIA pursuers. Mr. Ladouceur’s revealing website is www.JebsBooks.com