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Post date: May 20 2015

A.G. Schneiderman Announces Arrest of Southern Tier Nurse for Allegedly Diverting Narcotics from Nursing Home Patients

Over Roughly One Month, Defendant Accused Of Diverting Nearly 200 Narcotic Pills And Falsely Indicating Medications Were Administered To Patients

ELMIRA – Attorney General Eric T. Schneiderman today announced the arrest of Lisa Rumsmoke Clark, 45, a Licensed Practical Nurse from Watkins Glen, on charges that she allegedly diverted nearly 200 narcotic pills from elderly patients residing at Elcor Nursing and Rehabilitation Center in Horseheads.

“Employees at nursing facilities are entrusted with an important responsibility to provide appropriate care to New Yorkers’ loved ones,” said Attorney General Schneiderman. “When patients are denied medications so that others can divert them for personal use, it harms patients and fuels the cycle of addiction.”

An investigation launched by Attorney General Schneiderman’s Medicaid Fraud Control Unit and the New York State Department of Health’s Bureau of Narcotics Enforcement (BNE) revealed that over a roughly one month period of time, Lisa Rumsmoke Clark allegedly completed several records within which she indicated that she administered narcotic drugs to eight separate residents, while actually diverting those drugs for her own personal use. In one case alone, Clark is accused of stealing 46 Percocet pills from a resident, while falsely completing documents indicating that she administered those drugs to the patient.

The felony complaint, filed in Horseheads Town Court, charges Clark with eight counts of Falsifying Business Records in the First Degree (E Felony), eight counts of Petit Larceny (A Misdemeanor), and one count of Criminal Possession of a Controlled Substance in the Seventh Degree (A Misdemeanor). The E Felony charges carry a potential sentence of one and one third to three years in state prison.

Rumsmoke Clark was arraigned before Horseheads Town Court Justice Craig Banfield where she pleaded not guilty. The matter was adjourned until May 21st for further proceedings.

The case was investigated by Special Investigator David Giudici with assistance from MFCU Deputy Chief Investigator William Falk, and BNE Senior Investigator Timothy Dewey. The case is being prosecuted by Special Assistant Attorney General Jennifer Sommers. Catherine Wagner is Director of the Rochester Regional MFCU Office and the Upstate Chief of Criminal Investigations. The Medicaid Fraud Control Unit is led by Acting Director Amy Held. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

The Attorney General’s Office thanks the New York State Department of Health for the agency’s invaluable assistance on this case.

The charges are merely allegations and the defendant is presumed innocent until proven guilty.