Police arrested a 30-year-old Florida woman on August 22, 2023, after she was found to be posing as a certified nursing assistant (CNA) at a nursing home while using the stolen identity of another person. This was the second time the defendant was arrested for posing as a CNA. She had been arrested previously in December 2021 and sentenced to 18 months in prison.
The defendant was released from prison in May 2023, and two months later was working at another Florida nursing home. During the hiring process she provided stolen documentation which included identification, a birth certificate, and nursing assistant certifications. The scheme was discovered after the victim, whose identity was stolen, received a letter from the nursing home, thanking her as an employee at the facility. The victim then contacted the police department, which led to the investigation.
On the day of her arrest, the defendant was working at the nursing home under the name of the identify theft victim when the investigators arrived. She was arrested and charged with one (1) count each of: Practicing Without a Certified Nursing Assistant License, Use and Possession of Another Person’s Identification, Uttering a False Instrument, Providing False Information to Law Enforcement, Obtaining Money By Fraud, Using a False Name to Obtain Employment, and four (4) counts of: Uttering a False Instrument/Document.
Compliance Perspective
Issue
Healthcare settings are required to conduct extensive background checks on all employees. These should be comprehensive in order to ensure that each potential employee is qualified and permitted to be employed in a healthcare facility that receives government funds. Before an employee is officially hired into a position, a criminal background check and sex offender registry search must be completed, and the individual must be cleared in the databases. Additionally, an identification verification check, past employment history, education verification, and OIG’s List of Excluded Individuals and Entities (LEIE) check must be completed for all employment candidates. For positions that need certifications or licenses, verification of these credentials must be conducted and documented in the individual’s personnel file. After hire, it is essential that the databases are continually monitored to ensure that no current employee has recently been placed on an exclusion list or had a license or certification suspended or revoked since the last check. Routine monitoring will ensure that employees are legally permitted to practice healthcare in your facility.
Discussion Points
- Review policies and procedures for verifying the status of professional licenses and monitoring the OIG’s LEIE. Update as necessary.
- Train appropriate staff to follow protocols for verification of licenses and certifications of employees at the time of hire and on an ongoing basis to ensure that those licenses remain up to date and are unencumbered. Ensure that training is provided to licensed personnel about their responsibility to maintain an active license and to notify administration should their license be suspended, expire, or if they are added to the OIG’s LEIE. Document that these trainings occurred, and file the signed documents in each employee’s education file.
- Periodically audit to verify that the licensing and certifications of employees are valid and up to date and that OIG LEIE checks are routinely conducted. In addition to background and licensure/certification checks, observe for the following: altered or forged driver’s license or insurance card; ID photo doesn’t match; physical description doesn’t match appearance; signature doesn’t match; inconsistent information between forms of ID and Company records; invalid social security number; address does not exist, is a PO Box, or does not match existing records; phone number is invalid, a pager, or an answering machine; failure to provide identifying information; inconsistent personal information compared to the Company record; and/or SSN is the same as provided by another Company individual. Immediately address any negative findings.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
