A North Carolina woman has been indicted on 16 charges related to unlawful conduct occurring in connection with her responsibilities as a caregiver at an assisted living facility in South Carolina.
The North Carolina woman is alleged to have stolen and unlawfully possessed controlled substances that were prescribed for the residents at the facility where she was employed. The Attorney General’s Office charges that the woman neglected and exploited vulnerable adults by failing to administer prescribed medications and unlawfully using medications prescribed to patients under her care. The indictments allege that the incidents occurred from October 2020 through March 2021.
The charges include:
- 5 counts of Unlawful Possession of a Controlled Substance
- 1 count of Neglect of a Vulnerable Adult
- 5 counts of Exploitation of a Vulnerable Adult
- 5 counts of Theft of a Controlled Substance
The South Carolina Attorney General’s Office’s Medicaid Fraud Control Unit (SCMFCU) will be prosecuting this case under its patient abuse jurisdiction following an investigation conducted by the S.C. Department of Health and Environmental Control (DHEC).
Issue:
It is the obligation of each nursing facility to protect residents from abuse, neglect, and exploitation. It is a violation of federal and state regulations for any persons, including facility staff, volunteers, visitors, family members or guardians, or another resident to exploit or misappropriate a resident’s funds or personal property. A facility is required to report any allegations of misappropriation or exploitation of a resident’s funds or personal property to local authorities. In addition to criminal charges, it is a violation of F602 Free from Misappropriation/Exploitation.
Drug diversion is a growing problem in healthcare. Licensed staff who have access to controlled medications may be at risk for committing fraud and theft of controlled substances if they develop a substance abuse problem. All leaders in healthcare should be aware of the warning signs of a controlled substance disorder and be prepared to address any acts of drug diversion properly and quickly.
Discussion Points:
- Review your policies on misappropriation of resident’s belongings or funds to ensure that they meet all requirements of the resident financial rights F-Tags. Additionally, review your policy and procedures on preventing, identifying, and responding to drug diversion. Update as needed.
- Train all staff about abuse, neglect, and exploitation of residents, including misappropriation of personal belongings or funds, and staff members’ personal liability if they commit any of these violations. Also, train appropriate staff on actions that can be taken to prevent, identify, and respond to any suspicious drug diversion, and what should be done if it occurs. Document that the trainings occurred and place the signed documentation in each employee’s education file.
- Periodically audit residents’ accounts to ensure that no misappropriation has occurred. Also, periodically audit to ensure that all controlled substances are accounted for each shift, and that proper documentation of all controlled substances has occurred.
