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The Safire Northtowns Southtowns Williamsville fraud case produced a $9 million settlement over alleged unnecessary therapy and false Medicare and Medicaid billing. The federal government alleged that the homes pressured therapists to provide treatment they had recommended against, pressured residents who repeatedly refused it, and manufactured or altered the records used to justify it. Residents faced treatment they did not want, while taxpayers paid for care the government said should never have been billed. For someone inside the therapy department, the dispute began before the bill: who decided what care a resident needed, and what happened when the therapist disagreed.
The settling companies were Safire Rehabilitation of Northtowns, LLC in Tonawanda, Safire Rehabilitation of Southtowns, LLC in Buffalo, and Williamsville Suburban, LLC, which operates Williamsville Suburban Nursing Home in Amherst. The Justice Department announced the resolution on August 17, 2026. A whistleblower brought the False Claims Act case, and the federal and state governments joined it.
The settlement covers both Medicare and Medicaid. The New York Attorney General’s announcement identifies a $6 million Medicaid component and an additional $3 million payment to the federal government for Medicare.
The state settlement agreement assigns the whistleblower 20% of the state’s recovery. The federal announcement also provides for a share of the federal recovery. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
The United States alleged that Safire scheduled therapy and set treatment goals according to the insurer’s reimbursement policies rather than the resident’s medical need. The alleged conduct ran from approximately January 1, 2015 through approximately October 1, 2019.
That decision reached both sides of the therapy session. According to the government, treating therapists faced pressure to provide therapy even after recommending against it. Residents faced pressure to attend even after repeatedly refusing to participate. The government also alleged that Safire manufactured or altered therapy referrals and medical records to justify unreasonable and unnecessary treatment.
The allegations covered several different mismatches between care and claims: unnecessary therapy, therapy unsupported by medical records, therapy not documented as provided, and therapy not provided at all. A therapist’s recommendation, a resident’s refusal and a later referral can therefore tell very different stories about the same proposed treatment. The alleged alteration of the record matters because the chart is supposed to explain the care, not supply a justification after the payment target has been chosen.
A 2018 teaching paper in the Journal of Forensic & Investigative Accounting, Pressure to Commit Fraud in the Workplace: Two Teaching Cases Addressing Fraud and Whistleblower Protection, discusses survey responses in which people said pressure to meet financial targets could justify illegal payments. Who set the target, who passed it down, and what staff were expected to record are part of understanding how a false record gets made.
Medicare’s old Resource Utilization Group payment system tied therapy volume to payment classification. The Patient Driven Payment Model replaced that approach for covered Medicare Part A nursing-facility stays on October 1, 2019, using resident characteristics and clinical needs. Medicaid did not make a nationwide switch on that date.
That distinction matters at Safire because New York’s Medicaid case followed its own assessment and payment periods. Under the system described in the state agreement, the homes submitted Minimum Data Set assessments for Medicaid residents present on designated census dates. The state used January and July assessment data to assign Resource Utilization Group scores, then averaged those scores into each home’s Medicaid-only case-mix index. That index helped set the daily Medicaid rate. The Attorney General explains that the submitted data affected reimbursement for claims in the following six months.
The homes admitted the Medicaid conduct described in the agreement. From July 1, 2016 through December 31, 2020, they submitted data falsely representing residents’ care needs. Residents’ RUG scores rose during assessment periods that affected reimbursement and fell during periods that did not. The Attorney General’s account describes inflated rehabilitation needs during the periods that counted and reduced services during the periods that did not, regardless of need.
The resulting inflated rates reached Medicaid claims from January 1, 2017 through July 31, 2021. The Attorney General described tens of thousands of fraudulent Medicaid claims. The assessment calendar had become a reason to change the care recorded and delivered. Residents needed care throughout the year. The payment formula rewarded the homes for making those needs look greater when the state took its snapshots.
The historical incentive also appears in the Symphony nursing homes’ 2026 settlement. The government alleged unnecessary therapy and prolonged treatment under RUG payment. At Safire, the state agreement adds a particularly useful connection for an insider: altered assessment data affected the rate paid on later claims.
For therapy pressure and altered records, the useful evidence connects the resident’s actual needs, the treatment decision, the assessment submitted and the resulting claim. We examine those connections with the people who know how the records were made.
A therapist may know why treatment was recommended against and how the chart later justified it. An MDS coordinator sees the assessment sent for payment, while billing staff see the rate it produced. Each sees a different part of the same decision.
The state agreement describes certifications of accuracy by the people completing assessment sections and the registered nurse verifying completion. The operator also certified the census submission used for rate setting. Those certifications connect the clinical assessment to the information sent for payment.
Our whistleblower experts connect those accounts with you, from the clinical decision to the reported care and the money.
New York’s settlement requires the homes to remove case-mix targets and quotas and refrain from imposing them directly or indirectly. It also requires policies ensuring that Medicaid residents receive medically necessary rehabilitation throughout the year, that unnecessary rehabilitation is avoided, and that services are properly documented in resident charts.
Those obligations address the incentive as well as the paperwork. Changing the assessment form would leave the underlying problem intact if staff were still expected to produce a predetermined case-mix score.
If you saw therapy targets override clinical decisions or records rewritten to support payment, speak to one of our whistleblower experts about how the therapy record changed. We work alongside you to build your strongest skilled nursing facility fraud case and bring in whistleblower lawyers who understand therapy billing and Medicaid rate manipulation. We remain your partners through the case.