Compliance Perspective – Tampering:
The Compliance Officer with the DON and Administrator will review the facilityās policies and procedures to verify that the facility has an ongoing screening process for all employees and medical staff that ensures that government sanction lists for excluded individuals/entities (e.g., OIG) are monitored. Staff will receive training regarding Drug Diversion and Misappropriation/Exploitation and how to report concerns including the use of the Hotline. Compliance audits will be conducted to verify that proper protocol is occurring to ensure that all controlled substances are being appropriately dispensed, stored and accounted for and that residents are receiving their medications as prescribed. Any concerns that arise from the audits will be evaluated and reported to the QAPI committee on a timely basis for review and recommendations.
On December 28, 2016, Charlotte Demers, a licensed practical nurse working in a Massachusetts nursing home, was arrested and charged with stealing oxycodone pills. The nurse attempting to conceal her theft by replacing the oxycodone pills in the four blisterpacks she opened with other medications used to treat other medical conditions. She was formally charged with four counts of tampering with a consumer productāoxycodoneāa narcotic used for pain relief.
In June 2017, Demers pleaded guilty in a federal court to the four counts she had been charged with. At that time, she was enrolled in the Court-run RISE program. The Court-run RISE Program (Repair, Invest, Succeed, Emerge)Ā is designed for individuals who have pled guilty and are under p
retrial supervision prior to sentencing. These individuals must apply for admission to the program and be accepted into the program by the U.S. District Court.Ā Demers completed the program successfully.
The charging statute provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000.Ā Actual sentences for federal crimes are typically less than the maximum penalties.Ā Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Last week,Ā Charlotte Demers was sentenced by a U.S. District Court Judge to four years of Probation, with the first six months to be served in home confinement.
