In a two-part announcement, the Office of the Medicaid Inspector General has taken administrative action against Igor Belyansky and Rostilav (Slava) Belyansky of the Bronx, David Binman of Glendale and Igor Tsimerman of Staten Island, as well as against Assemblyman Eric A. Stevenson, also of the Bronx, for their role in an alleged bribery scheme involving two social adult day care centers.  All five have been excluded from participating in New York’s Medicaid program.  The exclusions took effect on April 18, 2013.  The Office also took action against two facilities, The Edward A. Stevenson Facility for a Better Life, and  New Age Adult Day Care, Inc.  These facilities have also been excluded from the Medicaid program.  Those exclusions took effect on April 21, 2013.

“Using OMIG’s authority under New York State regulation, we took action to exclude these individuals and facilities from being able to participate in the Medicaid program,” said Mr. Cox.  “This action will fight fraud while protecting taxpayers and Medicaid enrollees.”

The exclusions are the result of a federal complaint filed on April 2, 2013, against the five, alleging that the Belyansky brothers, Binman, and Tsimerman conspired to bribe Assemblyman Stevenson into introducing a bill into the New York State Assembly that would have placed a limit on new social adult day programs in the area. 

In return, Assemblyman Stevenson received $20,000, and one of the social adult care centers, located on Westchester Avenue, was named in honor of his grandfather, as the Edward A. Stevenson Better Life Social Adult Day Care Center. 

The act of exclusion is an important preventive measure.  In this case, OMIG investigators learned that the day following the federal complaint, one of the individuals, Igor Belyansky, applied for privileges to bill a managed care organization (MCO) under Medicaid.  The exclusion will bar any of the individuals or facilities from receiving payment from the Medicaid program or even working directly with any Medicaid patient.

While social adult day care programs do not receive direct funding from Medicaid, the possibility does exist that a Medicaid recipient who is attending a social day care program might be eligible for enrollment in a managed long term care (MLTC) plan.  Under those circumstances, a social adult day care program, such as those being operated by the Belyansky brothers, Binman, and Tsimerman, might indirectly receive Medicaid funding.  OMIG’s exclusions prevent these social adult day care operators from receiving Medicaid funds either directly or indirectly.

The Belyansky brothers, David Binman, Igor Tsimerman, and Assemblyman Stevenson face numerous counts in the Southern District of New York, including:

• Count One: Honest Services Fraud Conspiracy (Title 18, United States Code, Section 1349)
• Count Two: Bribery and Travel Act Conspiracy (Title 18, United States Code, Section 371)
• Count Three: Bribery (Title 18, United States Code, Section 666(a)(1)(B))
• Count Four: Bribery (Title 18, United States Code, Sections 666(a)(2) and 2)
• Count Five: Travel Act Conspiracy (Title 18, United States Code, Section 371)

The violations of law came to light in large part due to the cooperation of a confidential informant, who turned out to be another member of the New York State Assembly.  The Assemblyman in question has since resigned from his seat in the Legislature.

OMIG extends its thanks to the New York State Department of Health and the New York State Office for the Aging for their assistance in this work.

OMIG investigators and staff will continue to cooperate with the United States Attorney’s office, Southern District of New York, as the investigation and prosecution continue.

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The mission of the New York State Office of the Medicaid Inspector General is to enhance the integrity of the New York State Medicaid program by preventing and detecting fraudulent, abusive, and wasteful practices in the Medicaid program and recovering improperly expended Medicaid funds while promoting high-quality patient care.