Criminal Prosecution by the California Attorney General’s Office for Elder Abuse and Medi-Cal Fraud

The California Attorney General’s Office Bureau of Fraud and Elder Abuse conducts vigorous investigation of allegations in any facility that participates in the California Medi-Cal program.  If you are a provider or work at a facility that is a Medi-Cal provider, the Attorney General has jurisdiction to have the Department of Justice investigate an allegation of fraud or elder abuse and in the process subpoena documents, interview residents and employees, and determine whether to file criminal charges.  When the Department of Justice investigates a nursing home or a residential care facility for the elder, their purpose is to either file criminal charges or not file.  Nursing home providers are custom to routine governmental inspections, but when the Department of Justice is investigating a matter it is only for criminal prosecution purposes.  

Most common areas of criminal investigation and prosecution for elder abuse by the Department of Justice involves allegations of dehydration, weight loss, pressure ulcers, restraints, lack of staffing, and sepsis and UTIs resulting from neglect.  Most common areas for Medi-Cal Fraud cases arise from misappropriation of patient share of costs, false declaration as to eligibility on the MDS, fraudulent claims, kickbacks, bribes or rebates, or falsification of the medical record for services not rendered. The investigation may be triggered by a cross-report from the Department of Public Health, Ombudsman, police department, or a disgruntled former employee or family member.  

Mr. Khachatourians is an experienced attorney who has successfully resolved hundreds of incidents’ arising out of matters of neglect, elder abuse, and criminal investigations by the Department of Justice.  If you or your facility is under investigation for elder abuse or Medi-Cal fraud, call attorney Arthur Khachatourians for a defense consultation.