On December 3, 2024, Michigan Attorney General Dana Nessel announced the sentencing of a 38-year-old Michigan woman for multiple felonies related to impersonating a healthcare professional and witness intimidation. The defendant, who pleaded guilty in August, received the following sentences:
4–6 years’ incarceration for six counts of Unauthorized Practice of a Health Profession;
4–7.5 years’ incarceration for two counts of Identity Theft; and
4–6 years’ incarceration for one count of Bribing, Intimidating a Witness.
The defendant was employed as a director of services at a healthcare provider with facilities in Brighton and Troy, which offers services to children diagnosed with autism. She falsely presented herself as a Board-Certified Behavioral Analyst (BCBA) despite not being licensed by the State of Michigan and lacking the necessary educational background.
Additionally, she used the certification number of a properly board-certified BCBA to gain employment at two other healthcare providers—one in 2016 and another from 2017 to 2018. She continued to work at the first provider from 2018 to 2021.
In addition to these offenses, she also intimidated a witness in the case via text messages in an attempt to prevent the witness from testifying against her.
“Falsifying credentials to gain access to a highly vulnerable population is unethical and reprehensible,” said Nessel. “I hope this sentence serves as a warning for others that we take the proper training, qualifications, and licensing requirements very seriously and there are real consequences for those who deliberately shirk them.”
Compliance Perspective
Issue
Healthcare settings are required to conduct extensive background checks on all employees to ensure that each potential hire is qualified and eligible to work in a healthcare facility receiving government funds. Before an individual is officially hired, a criminal background check, sex offender registry search, and clearance in relevant databases must be completed. Additionally, an identification verification check, past employment history, education verification, and OIG federal exclusion list check must be conducted for all candidates. Where applicable, drug screenings are also required. For positions requiring certifications or licenses, verification of these credentials must be conducted and documented in the individual’s personnel file. After hire, ongoing monitoring of these databases is essential to ensure that no employee is placed on an exclusion list. Routine monitoring will ensure that employees remain legally permitted to practice healthcare within your facility.
Discussion Points
- Review and update your policies and procedures on pre-employment and regular employee monitoring. Ensure your policies reflect current requirements and best practices.
- Train staff responsible for employee screening to ensure careful and thorough verification of each individual’s identity and license number, and to check for criminal convictions and exclusion from Medicare through review of the OIG’s List of Excluded Individuals and Entities at https://exclusions.oig.hhs.gov. Staff should also be trained on how to report any employee suspected of being unlicensed or having a criminal background to their supervisor or via the facility’s hotline.
- Periodically audit your employee records to verify that all staff requiring licensure and/or certification have their credentials checked regularly and that they remain valid and current.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
