TOPEKA – (May 1, 2015) – A Topeka man was ordered yesterday to repay the Kansas Medicaid program for charges relating to home health care fraud, Kansas Attorney General Derek Schmidt said.
Gerry Tenell Sherman, 50, in February pleaded guilty to one count of Unlawful Acts Relating to the Medicaid Program and one count of Making a False Claim to the Medicaid Program in Shawnee County District Court. A co-defendant, Evelyn Sutton, 51, of Topeka also pleaded guilty yesterday to the same charges. Sentencing in that case is scheduled for June 17 in Shawnee County District Court.
Sherman was hired to perform personal care attendant services for Ms. Sutton under the Home Community Based Services Program. Sherman was employed elsewhere simultaneously making him unable to have performed these services during the hours claimed. Between April and December of 2013, there were 383 hours of conflicting time reported which resulted in payments by Medicaid in the amount of $3,807.48 for services that were not provided.
“The personal care attendant program provides important in-home services for Medicaid recipients who need help to remain in their homes,” Schmidt said. “When the program is abused and taxpayers are defrauded, vital resources are taken away from Kansans who are truly in need. We are working cooperatively with our federal partners to protect this joint federal-state program, and we intend to remain focused on finding and prosecuting those who defraud taxpayers by lying about the work they have done and submitting false bills.”
Both cases are part of “Operation No Show,” a cooperative effort between the attorney general’s office and the U.S. Department of Health and Human Services/Office of Inspector General to investigate fraudulent billing to Medicaid for personal care services provided in Medicaid beneficiaries’ homes. Yesterday’s sentencing brings to a close the second case in this joint effort to crack down on those who take advantage of these federal and state administered healthcare programs. More than $255,000 in restitution payable to the Kansas Medicaid program has been ordered as a result of these efforts.
Other joint investigations are ongoing. The cases are being jointly investigated by federal and state authorities and prosecuted by the attorney general’s Medicaid Fraud and Abuse Division.