Attorney General Todd Rokita announced on June 28, 2023, that his office has played a key role in a major nationwide enforcement action against doctors, nurses, and other licensed medical professionals for alleged participation in healthcare fraud schemes. Seven of the criminal investigations the Office of the Attorney General’s Medicaid Fraud Control Unit (MFCU) conducted in Indiana involved drug diversion.
In Bartholomew County, a 44-year-old LPN is charged with obtaining a controlled substance by fraud; furnishing false or fraudulent information; and failure to make, keep, or furnish a record — all Level 6 felonies. Among other things, the complaint alleges that video footage was viewed by staff at the facility where the LPN worked showing her removing medications from the narcotic box and then never leaving the area to go administer the medications. Staff also allegedly observed her walking back behind the nurses’ station and putting items into her personal bag.
In Hancock County, a 52-year-old RN is charged with obtaining a controlled substance by fraud and furnishing false or fraudulent information — both level 6 felonies. She was also charged with theft as a class A misdemeanor. The complaint alleges that the RN was arrested in Rush County on different charges, and the arresting officer, in searching her vehicle, found controlled substances packaged for patients. The police relayed that information to the Indiana MFCU, which opened an investigation into the origin of the medication. MFCU Investigator Jack Beckley was able to connect the medication to a Hancock County facility.
In Hendricks County, a 37-year-old healthcare worker is charged with obtaining a controlled substance by fraud; furnishing false or fraudulent information; and failure to make, keep, or furnish a record — all Level 6 felonies. It is further alleged that in a statement, the healthcare worker stated she did not have an explanation for these errors and had not been making the best decisions.
In Lake County, a 43-year-old LPN is charged with two counts of Level 6 Felony obtaining a controlled substance by fraud/deceit or subterfuge. She is alleged to have stolen narcotic pain medication prescribed for two residents at a facility while she was working as an LPN. It is further alleged that during the course of the investigation she admitted taking the pills for her personal use.
In LaPorte County, a 50-year-old healthcare worker is charged with obtaining a controlled substance by fraud; furnishing false or fraudulent information; and failure to make, keep, or furnish a record — all Level 6 felonies. The complaint alleges, among other things, that the healthcare worker withheld medication from residents at the facility where she worked in order to keep the medication for herself.
In LaPorte County, a 57-year-old RN is charged with obtaining a controlled substance by fraud and failure to make, keep, or furnish a record — both Level 6 felonies. Among other things, the complaint alleges that the RN admitted to stealing medication.
In Madison County, a 43-year-old RN is charged with obtaining a controlled substance by fraud, furnishing false or fraudulent information, and possession of a narcotic drug — all Level 6 felonies. It is alleged that the RN, while working at a hospital, dispensed hydromorphone at a rate 155 percent higher than the next RN in the same unit and was taking controlled substances for her own use.
In all the abovementioned cases, Attorney General Rokita’s attorneys are prosecuting the alleged crimes with assent of the local prosecutors’ offices in the counties where the alleged crimes occurred. These investigations are part of a nationwide initiative led by the US Department of Justice (DOJ) and the US Department of Health and Human Services (HHS).
Compliance Perspective
Issue
Experts estimate that 10–15 percent of our nation’s population struggles with impairment from alcohol or drug dependency. Nurses, as part of this statistic, are distinct due to their ability to access drugs in the workplace. Because as many as one in ten nurses could be affected by a substance use disorder, it is critical that each facility implements a proactive diversion-prevention program. The consequences of failure to do this include a negative impact on residents’ quality of care, legal and ethical concerns, and potential for high scope and severity citations once a diversion problem is uncovered. Nurses who divert medications have developed a number of ways to conceal diversion. Efforts must identify the types of medications most likely to be taken, signs that diversion has taken place, and signs of impairment.
Discussion Points
- Review your policies and procedures on preventing, identifying, and responding to drug diversion. Update as needed.
- Train appropriate staff on actions that can be taken to prevent, identify, and respond to any suspicion of drug diversion. Provide education on the impact of drug diversion on residents as a form of abuse and neglect, staff responsibility to report concerns immediately, and the consequences of theft of controlled substances. Document that the trainings occurred, and place the signed document in each employee’s education file. Med-Net Academy offers all clients three power point training programs in our new category of Substance Use. Visit MNA to access all three.
- Periodically audit to ensure that all controlled substances are accounted for each shift, and that proper documentation of controlled substances has occurred. Your consultant pharmacist can be included in this effort.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
