Former Lex. Group Home Owner Indicted

Oct 17, 2011

Attorney General Jack Conway Monday announced the arraignment in Fayette Circuit Court of a former provider in the Kentucky Medicaid Supports for Community Living (SCL) program following an investigation by the Attorney General's Office of Medicaid Fraud and Abuse Control.

Irvin Smith, Jr. entered not guilty pleas on Friday to Medicaid fraud and second degree forgery charges. Smith was the former owner, principal member/executive director and only employee of Irvco, LLC, a former provider in the Kentucky Medicaid SCL program. A SCL is a home through the Medicaid Community-based waiver program that serves as an alternative to institutional care for mentally challenged or developmentally disabled individuals. Irvco, LLC was also indicted on Medicaid fraud charges.

The indictment against Smith alleges that he falsified documentation related to tuberculosis testing and first aid and CPR training in order to remain a SCL provider. Kentucky regulation requires that SCL employees receive CPR and first aid training, and that SCL providers maintain documentation of each staff person's annual tuberculosis risk assessment.

The charges against Smith are Class D felonies that carry a potential penalty range of one to five years in prison and a fine of $1,000 to $10,000. Irvco, LLC faces a potential fine of up to $20,000.

The charges against Smith and Irvco follow investigations by the attorney general's office and the Office of the Inspector General. The case was referred to the Attorney General's Office by the Office of Inspector General, Division of Audits and Investigations.

A charge is merely an accusation. A defendant is presumed innocent until and unless proven guilty.