Attorney General Laxalt Announces Sentencing of Home Health Worker

June 11, 2018

Las Vegas, NV – Nevada Attorney General Adam Paul Laxalt announced that David Benke, 45, of Las Vegas, was sentenced today in a Medicaid fraud case involving the failure to maintain adequate records to substantiate Medicaid claims.

    Benke was sentenced for one gross misdemeanor offense of Intentional Failure to Maintain Adequate Records by District Court Judge Stephany Miley. Miley sentenced Benke to 364 days incarceration, suspended, and payment of $2,346 in restitution. The fraud occurred from January 2014 to April 2015.

      “Individuals that commit fraud against the Medicaid system have stolen from the Medicaid system and Nevada taxpayers,” said Laxalt.

        The investigation began after the Medicaid Fraud Control Unit (MFCU) received information from Medicaid’s Surveillance and Utilization Review (SUR) unit that Benke had allegedly not provided home health services to a Medicaid recipient. The investigation revealed that Benke had produced fictitious documentation, including progress notes and time and attendance documents, to Advanced Personal Care Solutions for the services he allegedly provided to the Medicaid recipient. The documentation was false as it contained information for services that did not occur, or were for services that were not for the length of time or type of service as noted in the documentation.

          The MFCU investigates and prosecutes financial fraud by those providing healthcare services or goods to Medicaid patients. The MFCU also investigates and prosecutes instances of elder abuse or neglect. Persons convicted of Medicaid fraud may also be administratively excluded from future Medicaid and Medicare participation. Anyone wishing to report suspicions regarding any of these concerns may contact the MFCU at 702-486-3420 or 775-684-1100.

            The case was prosecuted by Andrew Schulke, Senior Deputy Attorney General.

              To view the criminal information, click here. To file a complaint, click here.