Disabled man is killed; estate billed nearly $12M - New York News

Disabled man is killed; estate billed nearly $12M

Posted: Updated:
New York City News New York City News
  • Popular StoriesMore>>

  • Could airlines create a class just for children?

    Could airlines create a class just for children?

    Monday, July 28 2014 12:37 PM EDT2014-07-28 16:37:57 GMT
    Imagine a segregated airline flight: one section for children and one section for adults only. This is the vision of entrepreneur Richard Branson, the president of Virgin Atlantic.
    Imagine a segregated airline flight: one section for children and one section for adults only. This is the vision of entrepreneur Richard Branson, the president of Virgin Atlantic.
  • Samsung cell phone fire

    : Samsung cell phone fire

    Friday, July 25 2014 1:04 PM EDT2014-07-25 17:04:01 GMT
    A 13-year-old North Texas girl was awoken in the night by a smoldering cell phone on the other side of her pillow, but the cell phone manufacturer says she did something they warn users about.
    A 13-year-old North Texas girl was awoken in the night by a smoldering cell phone on the other side of her pillow, but the cell phone manufacturer says she did something they warn users about.

By MICHAEL VIRTANEN | AP

ALBANY, N.Y. (AP) — Two years after a 33-year-old mentally disabled man died at a state institution in Queens, and one year after his sister filed a lawsuit accusing the staff of killing him, New York officials have sent her an $11.67 million bill.

The claim against Rasheen Rose's estate cited his total Medicaid assistance from Aug. 6, 2002, through Aug. 6, 2012, the day he died.

A spokeswoman for the Office for People with Developmental Disabilities, which runs the center, said Wednesday officials were following federal Medicaid obligations in seeking reimbursement.

"Not doing so would be a violation and could put federal Medicaid funding at risk," spokeswoman Jennifer O'Sullivan said.

Medicaid, a state and federal program for the poor, doesn't typically demand reimbursement.

But Ilann Maazel, an attorney who has filed lawsuits against the state after others died in state care, said other claim notices recently have been sent to families suing.

"This is something new we're seeing ... and it's problematic," he said Wednesday.

Assemblyman Harvey Weisenberg, an advocate for the disabled whose adult son gets state-funded residential care, called it "retaliation" and "an outrage" to send the bill to someone who lost a loved one from abusive care. "They're going to punish these people because they brought it to view of justice," he said.

The New York medical examiner concluded Rose's death was a homicide and that he "became unresponsive" while being restrained at Fineson Developmental Center. The Queens district attorney's office said it wasn't notified about the death until that homicide ruling was made four months later. Investigators found no criminal conduct but have left the case open, spokesman Kevin Ryan said.

Shaneice Luke, Rose's sister, is seeking unspecified punitive and other damages in a federal lawsuit. She alleges that at least three staff threw Rose to the ground and one sat on him, while other staff stood by. She also alleges a history of abuse at Fineson and failure by supervisors and the state to address that or to train staff properly.

"Rasheen Rose did not receive care remotely associated with the amount of money collected by OPWDD for Rasheen Rose over the 10-year period," attorney Aaron DePass replied to the state agency on Luke's behalf. Because he was actually killed by his supposed caregivers, "it is clear that the quality of care he received does not warrant any payment for services whatsoever," he wrote.

In federal court papers, all seven staff named in the lawsuit denied any wrongdoing, saying they acted within their professional judgment. The state attorney general and private lawyers are defending them.

Two years ago, a congressional oversight committee reported that New York's residential centers for the developmentally disabled like Fineson, which have largely emptied in an ongoing shift to community-based programs and group homes, cost Medicaid about $1.9 million a year for each patient.

The Cuomo administration last year announced plans to close four developmental centers over four years, including Fineson in 2017.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


  • Local NewsLocal NewsMore>>

  • 8 things to do in August

    8 things to do in August

    Friday, August 1 2014 10:16 AM EDT2014-08-01 14:16:28 GMT

    July came and went in the blink of an eye, or squint since the sun was so bright. As you dwell on the memories of 4th of July, weekends at the beach, nights at the ballpark and a good amount of warm weather, August is going to be another month to make more memories. Restaurant Week is still going on as well as SummerStage, but there is so much more happening in August. Here's a list of 8 things you can do in  New York throughout the month of August.

    July came and went in the blink of an eye, or squint since the sun was so bright. As you dwell on the memories of 4th of July, weekends at the beach, nights at the ballpark and a good amount of warm weather, August is going to be another month to make more memories. Restaurant Week is still going on as well as SummerStage, but there is so much more happening in August. Here's a list of 8 things you can do in  New York throughout the month of August.

  • Expert: 'Mini tornado' caused skydiver death

    Expert: 'Mini tornado' caused skydiver death

    Friday, August 1 2014 10:09 AM EDT2014-08-01 14:09:20 GMT
    A safety expert for a national skydiving association says a "mini tornado" caused the accident that killed a correction officer and injured his instructor during a tandem jump.
    A safety expert for a national skydiving association says a "mini tornado" caused the accident that killed a correction officer and injured his instructor during a tandem jump.
  • Man arrested for road rage shooting

    Man arrested for road rage shooting

    Friday, August 1 2014 9:15 AM EDT2014-08-01 13:15:13 GMT
    An upstate man is under arrest after police say he opened fire on another driver on I-84.The New York State Police say that Masey Moshref, 26, of Wappinger Falls faces a slew of felony charges after the Wednesday evening incident.At approximately 6:28 p.m., police received a 911 call from a driver who said a man driving a green Honda Accord bearing California license plates pulled alongside of his vehicle and displayed a black handgun.The victim says the man fired one shot at his vehicle, str...
    An upstate man is under arrest after police say he opened fire on another driver on I-84.The New York State Police say that Masey Moshref, 26, of Wappinger Falls faces a slew of felony charges after the Wednesday evening incident.At approximately 6:28 p.m., police received a 911 call from a driver who said a man driving a green Honda Accord bearing California license plates pulled alongside of his vehicle and displayed a black handgun.The victim says the man fired one shot at his vehicle, str...
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices