Veterans Treatment Court

By Kristina L. Derro

The 17^th District Court in Redford, Michigan dedicated a Veterans Treatment Court in November 2011. It offers veterans who are involved in the criminal justice system with a coordinated response by VA, local veterans groups, prosecutors, defense counsel, probation staff, and mentors. It is a unique combination that offers both addiction and mental health treatment. It offers the veterans a chance to receive treatment from VA for any mental health and addiction disabilities that arose as a result of their time in service. It also provides veterans with the tools they need to lead productive and law-abiding lives. 52-1 District Court in Novi, Michigan also has a similar program and was only the eighteenth one in the country. Out of 75 participants since 2009, none have been rearrested.

Detroit Health Care Fraud

Matt Worley, Esq.

Despite regular indictments and convictions of home health care agency owners, Medicare and Medicaid fraud remains prevalent in metro Detroit, according to a new report by the Office of the Inspector General (OIG).

The US Department of Health and Human Services (HHS) found high fraud, waste, and abuse in Detroit.  Other cities found to have high fraud include Chicago, Miami, Tampa, Los Angeles, Dallas, Houston, and Baton Rouge.

Fraud is a major problem in the Medicare system.  Most experts believe that up to ten percent of the annual $1 trillion cost of Medicare and Medicaid can be attributed to fraud, waste, and abuse.  In 2009 HHS created HEAT – a task force whose aim is to reduce fraud in these programs.

According to this report, as much as 22 percent of claims inspected were filed in error because the services were unnecessary or were coded inaccurately.  This resulted in $432 million in unnecessary payments to home health agencies.  Part of the problem lies in poor record-keeping by the agencies.

The OIG report made three recommendations to home health agencies to reduce fraud.  These providers should (1) increase Medicare contractor standards to identify high risk providers; (2) track license revocation recommendations; and (3) take measures to prevent inappropriate payments to agencies with suspended or revoked licenses.

In response to the report, the Centers for Medicare and Medicaid Services (CMS) said it would implement all three of these recommendations.

To read the original article in Crain’s Detroit Business, please visit: http://www.crainsdetroit.com/article/20121220/BLOG010/121229986/report-home-health-agencies-still-target-of-fraud-investigators-in

If you have questions about Medicare or Medicaid fraud, or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.

Veterans' Gun Rights An Ongoing Issue

The issue of veterans and gun rights has been a sticking point in the $631 billion defense bill. Sen. Tom Coburn, R-Okla. has attempted to halt the Veterans Affairs Department plan to place the names of some veterans into the National Instant Criminal Background Check System.  Sen. Coburn has stated that, in order to take away someone's Second Amendment rights, it should be adjudicated, rather than simply mandated by an automated system.

Inclusion on the list would mean those veterans would be prohibited from buying or owning firearms. Sen. Charles Schumer, D-N.Y., has stated that though he loves the country's veterans, if they have been deemed mentally unfit, they should not have possession of a gun.

"The Veterans Administration currently appoints fiduciaries, usually the family members of a veteran, to manage his or her pensions and disability benefits when they have been declared mentally incompetent," said Veterans disability lawyer James Fausone. "When a vet has been declared mentally incompetent, his or her name is automatically entered in the Criminal Background Check System."

A group, led by Sen. Richard Burr, R-N.C., has been pushing to change that policy, allowing the addition of the name to the list only if a judge deemed the veteran to be a danger. This latest version of the bill, co-sponsored by 21 lawmakers, passed the Senate Veterans' Affairs Committee. The legislation also has the backing of the National Rifle Association and numerous veterans' advocacy groups. Meanwhile, the Brady Center to Prevent Gun Violence supports the VA's current policy. Tom Tarantino, chief policy officer for Iraq and Afghanistan Veterans of America, has stated that vets who have a traumatic brain injury or PTSD, but who pose no actual threat to others might view the current restriction as a disincentive to seek treatment.

As of 1998, 185 of the 127,000 veterans on the gun-check registry list have worked to have their names removed, according to the VA. Veterans can appeal their diagnosis, and can petition for their firearm rights to be reinstated by the agency to have his firearm rights restored on the basis of not posing a threat to public safety.

http://www.foxnews.com/politics/2012/12/03/veterans-gun-rights-sticking-point-in-defense-bill/

Firm Attorney Published

Don Knapp, attorney at Fausone Bohn, LLP, recently had an article published in Michigan Municipal Legal Briefs.

The article focused on an agreement between Livonia, Grand Rapids, and the State of Michigan to create a “Municipal Services Authority,” also known as a “Virtual City.”  This Authority, governed by representatives from the two cities and the state, will provide services to communities around the state.  For a fee, these communities can have the authority provide payroll, assessing, and other “back office” services.

This Virtual City won’t solve all of the financial issues faced by municipalities, but it could offer a means to reduce expenses without affecting the services provided to the average resident.

The Agreement provides that the Virtual City will continue for an initial term of 15 years and renew for additional 10 year term, unless it is not extended.

In addition to being an attorney at Fausone Bohn, LLP, Mr. Knapp serves as the City Attorney for the City of Livonia.

If you have questions about this topic or other legal issues, contact the firm at (248) 380-0000 or online at www.fb-firm.com.

Brighton Nuisance Ordinance Held Unconstitutional

By Paul F. Bohn

No matter how dilapidated your property, Michigan cities must give you the option to repair it before the city can demolish it.

The City of Brighton previously had an ordinance in effect for blighted property.  According to the ordinance, a building was presumed to be a public nuisance if the cost of repairs exceeded the actual cash value of the structure.  In such a situation, repairs on the property were deemed unreasonable.

In a recent Michigan Court of Appeals decision (Bonner v. City of Brighton), the court ruled that Brighton’s ordinance was unconstitutional and violated due process standards.  The court reasoned that the ordinance denied property owners the option to repair an unsafe structure simply because the city believed that such repairs would be economically unreasonable.

The problem is that refusing to allow a property owner the option to make a timely repair to their structure does not advance the city’s interest of protecting the health and welfare of its citizens.  That objective is served just as well if the city allows the property’s repair, and is actually cheaper for the city.  Whether it makes economic sense for the owner to repair the property is irrelevant – the property owner must be given that option.

This opinion makes one thing clear – a property owner, not the government, has the last say on the right to repair and maintain structures.

To read the opinion of the Michigan Court of Appeals, please visit: http://scholar.google.com/scholar_case?case=5259592534160523615&q=bonner+v.+city+of+brighton&hl=en&as_sdt=2,23

If you have questions about this or other legal topics, contact Paul Bohn at Fausone Bohn, LLP at (248) 380-0000, ext. 9988 or my e-mail pbohn@fb-firm.com.

Man Pleads Guilty to Mail Fraud Totaling $2.6 million

Mark Mandell, Esq

While we may not often think of inmates as vulnerable, it is upon these individuals that John Wilson preyed, conning both the inmates and their families out of $2.6 million.

It has been two years since Wilson was accused, but he has finally pled guilty to fraud. Wilson worked with Lari Zeka, a Macomb Township man, running three businesses that sent mailings to inmates across the nation. The mailings, which targeted both the inmates and their families, presented an offer of legal services on the inmate’s behalf. The catch, however, was the necessity of payment upfront, money that would supposedly be used for legal research and lawyer retainer fees. The research would help toward the inmate’s appeal, while the retainer fee would be put toward the case. Once fees were paid, however, the money disappeared. No research was conducted and no attorney was ever assigned to work on the inmate’s appeal.

Wilson seemed to target both black and Hispanic inmates specifically; however, the nature of the scheme was universal in nature. The mailings preyed upon the desperate desire of family members to help their loved ones behind bars.

As a result of an investigation by the Internal Revenue Service and the U.S. Postal Inspection Service, Wilson was indicted on 66 counts of mail fraud in October 2010 and finally pleaded guilty in January. For now, he awaits sentencing.

To learn more and read the original article, please visit: http://www.detroitnews.com/article/20121211/METRO/212110435/1409/rss36

VA To Consider Ease in TBI Secondary Claims

Jim Fausone
Veterans Disability Lawyer
 

The VA compensates veterans for primary and secondary disabilities connected with service.  Traumatic Brain Injury is a signature injury of Iraq and Afghanistan wars because of IED.  So it is good news that VA is considering the secondary effects of TBI.  Last week  VA began the process of adding five illnesses -- unprovoked seizures, dementia, Parkinsonism, some hormone deficiencies and depression -- as “secondary” illnesses connected to a proven TBI injury.   Researchers from the National Academy of Sciences’ Institute of Medicine have found relationships between brain trauma and these other illnesses.  VA does not anticipate significant changes because of the new rule change, because the secondary illnesses still require an existing TBI diagnosis. Those of us who work with VA would disagree because the recognition of these secondary conditions eliminates proving such to VA which can take years and every RO treats these matters differently.  A secondary condition recognition will force that a national standard be applied.  

 http://www.stripes.com/news/va-relaxes-rules-for-benefits-for-tbi-related-illnesses-1.199762