A.G. Schneiderman Announces Arrest Of Nurse On Charges Of Endangerment And Falsifying Business Records And Two Home Health Aides For Stealing Thousands From Medicaid By Falsifying Time Sheets

Nurse Failed To Provide Medication To Sick And Elderly Residents

Home Health Aides Stole $9,000 Billing Medicaid For Hours Not Worked

Schneiderman: My Office Will Prosecute Those Who Intentionally Fail Our Sick And Aging Populations

WATERTOWN -- Attorney General Eric T. Schneiderman announced today the arrest of licensed practical nurse Krysta Davis on charges that she failed to provide medications to four residents of the Maplewood Health Care and Rehabilitation Center in Canton, and falsified the medical records of those residents indicating she had dispensed the medications. The charges against Davis include Falsifying Business Records in the First degree, Falsifying business Records in the Second degree, Endangering the Welfare of an Incompetent or Physically Disabled Person, and Willful Violation of Health Laws and carry a potential sentence of up to 4 years imprisonment.

The drugs that were not dispensed included treatments for dementia, coronary artery disease, bi-polar disorder and other health problems. Fortunately, the incidents were identified before significant harm resulted.The activity was detected by a co-worker and reported by Maplewood Health Care and Rehabilitation Center.

"It is shameful and appalling that someone hired to take care of our most vulnerable citizens would abuse her position as a caregiver," said Attorney General Schneiderman. "My office is committed to ensuring that anyone who abuses our sick and elderly is held responsible and prosecuted to the fullest extent of the law. "

Davis was arraigned on April 24, 2013, by Town of Canton Justice Christopher J. Curley.Davis pleaded not guilty and was released on her own recognizance.        

The charges against the defendant are accusations and the defendant is presumed innocent unless and until proven guilty.

Also on Wednesday, Tiffany Kerr of Massena and Keri Trombley of Norfolk were arraigned by Town of Canton Justice Christopher J. Curley on a charge of Grand Larceny in the Third degree. They are accused of stealing over $9,000 from the New York Medicaid program.

They each entered a plea of not guilty and were released on their own recognizance.

In December 2011 Kerr was hired by the Cerebral Palsy Association of the North Country (CPNC), a Medicaid provider, as a respite worker for Trombley’s son. Respite care is intended to provide short term, periodic care for a patient when the family or the primary caregiver cannot provide necessary care.

Shortly after starting the respite care, Kerr and Trombley allegedly entered into an agreement whereby Kerr would file time sheets for respite care with CPNC for hours she did not work, and Trombley would falsely verify those time sheets. Pursuant to their agreement, the money generated by the scheme would be shared, including acts where Kerr would buy groceries for Trombley and pay some of Trombley’s bills from Kerr’s wages. This arrangement is alleged to have occurred between December 28, 2011, and May 16, 2012.

The charges against the defendants are accusations and the defendants are presumed innocent unless and until proven guilty.

The Davis investigation was conducted with the New York State Department of Health. The investigation which resulted in today’s arraignment was performed by the Syracuse office of the Attorney General’s Medicaid Fraud Control Unit, in particular Special Investigator Keith Hall under the supervision of Supervising Special Investigator Christopher M. Burns. The case is being prosecuted by Regional Director Ralph D. Tortora, III, under the supervision of Special Deputy Attorney General Monica J. Hickey-Martin and Executive Deputy Attorney General for Criminal Justice Kelly Donovan.

This Kerr/Trombley investigation was commenced after CPNC notified the Attorney General’s Medicaid Fraud Control Unit in Syracuse. The MFCU investigation which resulted in today’s charges was conducted by Special Investigator Scott D. Petucci under the direction of Supervising Special Investigator Christopher M. Burns, and Senior Special Auditor/Investigator Dejan Budimir, under the supervision of Principal Special Auditor/Investigator Thomas J. Goodman. The case is being prosecuted by Regional Director Ralph D. Tortora, III, under the supervision of Special Deputy Attorney General Monica J. Hickey-Martin and Executive Deputy Attorney General for Criminal Justice Kelly Donovan.

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