| Way back in March, 2005, Manhattan District | | | | |
| Attorney Robert M. Morgenthau indicted | | | | Generally the defendants submitted three |
| fifteen people, including four doctors, a | | | | types of fraudulent claims: |
| dentist, a psychologist, and an | | | | |
| acupuncturist, on charges of participating in | | | | Billings for services in which the defendants |
| an insurance scam in which insurance | | | | claimed that they had seen and treated |
| companies and the N.Y.C. Transit Authority | | | | patients on dates when they had not. |
| were over-billed for No-Fault insurance | | | | |
| charges, for medical care arising out of | | | | Billings in which the defendants "up coded" - |
| automobile accidents. Also indicted were a | | | | i.e., claimed that a particular procedure or |
| medical billing company, two health care | | | | doctor's visit lasted longer than it actually |
| clinics that were also professional medical | | | | did to obtain a higher reimbursement rate. |
| corporations and three other professional | | | | |
| medical corporations. | | | | Billings in which the defendants ordered |
| | | | testing that was not medicall necessary and |
| The defendants were charged with insurance | | | | testing that was never performed; two doctors |
| fraud, grand larceny, attempted grand larceny | | | | ordered numerous unnecessary MRIs for the and |
| and scheme to defraud. An examination of | | | | one doctor ordered a brain MRI for a patient |
| financial records revealed that the clinics | | | | who only complained of lower back pain. The |
| billed more than sixty insurance carriers for | | | | Pustilinks were believed to have spent the |
| millions of dollars in claims over a ten year | | | | proceeds of their crimes on a Central Park |
| period. | | | | West co-op, luxury cars and a $2 million |
| | | | property in upstate New York's Catskill |
| Abraham Pustilnik, a/k/a Abraham Post, and | | | | mountain area. |
| his mother, Isabella Pustilnik, a/k/a | | | | |
| Isabella Post, used their ownership of a | | | | So now let's update our report. |
| medical billing company and their control of | | | | |
| medical clinics and professional corporations | | | | This past November, 2007, two of the medical |
| to defraud insurance carriers who paid out | | | | doctors swept up in this bust were convicted |
| claims believing that the clinics were | | | | in Manhattan on fraud, grand larceny and |
| providing legitimate services. They also | | | | assorted other charges . Yesterday (February |
| cheated patients by providing them with | | | | 11, 2008) the two medical doctors swept up in |
| inadequate or medically unnecessary | | | | by the Manhattan District Attorney were |
| procedures. | | | | sentenced to prison. Dr. Neurologist Victor |
| | | | Basbus was sentenced Monday to two - six |
| The D.A.'s investigation revealed that the | | | | years in jail, while Dr. Gerardo Yanayaco, an |
| two Pustilniks, neither of whom is a doctor, | | | | internist, will serve up to 10 months in |
| operated Premier Medical Care and Omni | | | | jail. |
| Medical Care. They also Owned Empire Medical | | | | |
| Management, a medical billing company. In | | | | Commentary: If you have an accident case and |
| addition, they were the covert owners of five | | | | treated at one of these "dirty" clinics, your |
| medical corporations: both medical clinics, | | | | case will usually be worthless. The |
| Premier Medical and Omni Medical, as well as | | | | prosecutors have your medical records buried |
| University Psychological, Focus Acupuncture | | | | somewhere. And you can't hardly have a doctor |
| and Optimal Healthcare Medical. | | | | testify in court after a felony conviction |
| | | | and still be a credible expert witness on |
| It was also revealed through the | | | | your behalf. Also, the insurance companies |
| investigation that the two Pustilniks used | | | | know where these places are, so good luck |
| licensed professionals as 'fronts" or | | | | getting them to pay you a fair settlement. So |
| "Docs-in-the-Box" for the professional | | | | play it clean and steer clear of these |
| corporations to hide their ownership of the | | | | places, some of which may offer you money to |
| clinics. New York State law specifically | | | | be a patient. If you visit my website, you |
| prohibits the "corporate practice of | | | | can see my free special report on dirty |
| medicine" and does not allow a medical | | | | doctors. Also, I touch on this subject in my |
| practice or clinic to be directly owned by | | | | free book: Good Lawyers Don't Call You First, |
| anyone other than medical doctors. | | | | also available on my website. |