On June 30, Indiana Attorney General (AG) Todd Rokita’s office announced charges against multiple healthcare workers as part of a nationwide crackdown on healthcare fraud. The effort targeted licensed medical professionals and providers allegedly involved in fraudulent schemes and drug diversion. Ten criminal investigations by the AG’s Medicaid Fraud Control Unit (MFCU) focused on healthcare professionals and Medicaid providers suspected of illegally diverting controlled substances for personal use, resulting in charges against ten individuals.
Below are summaries of the drug diversion cases involving Indiana’s MFCU:
- A registered nurse (RN), 34, of Decatur, Indiana, was charged with Obtaining a Controlled Substance by Fraud or Deceit (Level 6 felony) and multiple counts of Theft (Class A misdemeanors) across two counties. While employed by a hospice provider, the RN allegedly stole medication from patients and obtained controlled substances for personal use.
- An RN, 48, of Knightstown, Indiana, was charged with Furnishing False or Fraudulent Information and Obtaining a Controlled Substance by Fraud or Deceit (both Level 6 felonies). While working at a healthcare center, the RN allegedly diverted medication from patients for personal use.
- An RN, 30, of Elkhart, Wisconsin, was charged with Furnishing False or Fraudulent Information and Obtaining a Controlled Substance by Fraud or Deceit (both Level 6 felonies). While working at a hospital, the RN allegedly diverted medication from a patient for personal use.
- A licensed practical nurse (LPN), 53, of Middlebury, Indiana, was charged with Failure to Make, Keep or Furnish a Record, Furnishing False or Fraudulent Information, and Obtaining a Controlled Substance by Fraud or Deceit (all Level 6 felonies). The LPN allegedly diverted medication from nursing home residents, falsified documentation, and obtained drugs for personal use.
- A qualified medication aide (QMA), 40, of Elwood, Indiana, was charged with Obtaining a Controlled Substance by Fraud or Deceit, Failure to Make, Keep or Furnish Records, Furnishing False or Fraudulent Information (all Level 6 felonies), and Theft (Class A misdemeanor). The QMA allegedly stole medication from multiple residents at an assisted living facility.
- An RN, 66, of Greencastle, Indiana, was charged with five counts of Obtaining a Controlled Substance by Fraud or Deceit and one count of Failure to Make, Keep or Furnish Records (all Level 6 felonies). The RN allegedly acquired multiple types of controlled substances from inpatients at a recovery center.
- An RN, 58, of Madison, Indiana, was charged with Obtaining a Controlled Substance by Fraud or Deceit, Illegally Possessing a Narcotic Drug, Failure to Make, Keep or Furnish a Record, and Furnishing False or Fraudulent Information (all Level 6 felonies). The RN allegedly dispensed residents’ narcotics for personal use while working at a nursing home.
- A QMA, 41, of Oakland City, Indiana, was charged with Obtaining a Controlled Substance by Fraud or Deceit, Illegally Possessing a Narcotic Drug, and Failure to Make, Keep or Furnish a Record (all Level 6 felonies). The QMA allegedly diverted narcotics intended for nursing home residents for personal use.
- An LPN, 35, of Newburgh, Indiana, was charged with Obstructing the Delivery of a Prescription Drug (Level 5 felony) and multiple Level 6 felony offenses, including Obtaining a Controlled Substance by Fraud or Deceit and Illegal Possession. The LPN allegedly diverted narcotics, including signing out drugs for a resident without a valid prescription.
- An RN, 44, of Avon, Indiana, was charged with Obtaining a Controlled Substance by Fraud or Deceit, Illegally Possessing a Narcotic Drug, and Failure to Make, Keep or Furnish a Record (all Level 6 felonies). The RN allegedly diverted narcotics intended for nursing home residents.
Compliance Perspective
Issue
Experts estimate that 17.1 percent of the US population struggles with impairment from alcohol or drug dependency. Nurses, due to their access to medications in the workplace, may be at higher risk of developing substance use disorders compared to the general population. Given this, it is critical for healthcare facilities to implement proactive diversion-prevention programs. These programs support resident safety, promote ethical and legal compliance, and help facilities avoid high scope and severity citations when diversion is identified. Nurses who divert medications often use various methods to conceal their actions. Therefore, efforts should focus on identifying the types of medications most likely to be diverted, recognizing signs of diversion, and identifying symptoms of impairment in staff.
Discussion Points
- Review and update policies and procedures on preventing, identifying, and responding to drug diversion as needed.
- Provide training to appropriate staff on preventing, identifying, and responding to suspected drug diversion. Educate staff on the impact of drug diversion on residents, emphasizing that it constitutes a form of abuse and neglect. Highlight staff responsibility to report concerns immediately and clearly outline the consequences of theft of controlled substances. Med-Net Academy (MNA) offers three PowerPoint training programs in the Substance Use category; visit MNA to access these resources.
- Conduct regular audits to ensure all controlled substances are accounted for each shift and that proper documentation is maintained. Your consultant pharmacist can assist with this process.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*