Guilty Plea Entered by Owner of Transportation Company in Medicaid Fraud Case

by Andrew Murray | October 29th, 2019

On October 24, 2019, Attorney General of Massachusetts announced entry of the plea. The Press Release states:

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Michael Davini, age 59, of Rindge, N.H., pleaded guilty today in Worcester Superior Court to charges of Larceny Over $250 (2 counts), Medicaid False Claims (2 counts), and Kickbacks (1 count). His company, Rite Way LLC, pleaded guilty to Medicaid False Claims (2 counts). Davini will be sentenced in Worcester Superior Court on November 4. 

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The AG’s Office began an investigation after the matter was referred by MassHealth. Rite Way provided transportation services throughout the state that were covered by MassHealth. 

Between April 2011 and September 2015, Davini fraudulently and repeatedly billed MassHealth for transportation services that were never provided, including claims for individuals who were hospitalized in inpatient settings, no longer used the company’s services, or were deceased on the claimed dates of service. Investigators also found that Rite Way provided non-emergency wheelchair van transportation provided to ambulatory individuals and paid cash kickbacks to MassHealth members to recruit others to use its transportation services. Davini was indicted with others in September 2016 in connection with these false claims. 

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MassHealth provides non-emergency transportation services to aid its members in traveling to obtain covered medical services when public or personal transportation is not available or not suitable due to the member’s physical condition and circumstances. Pursuant to its regulations, MassHealth only pays transportation providers for non-emergency wheelchair van services provided to members who: (1) use wheelchairs; (2) need to be carried up or down stairs or require the assistance of two persons; or (3) have severe mobility handicaps that prevent them from using public transportation, dial-a-ride, or taxi transportation.

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