Monday, January 28, 2013

Wife Accused of Fraudulently Collecting $100K + In Personal Care Attendent Salary

A Chisago County resident was prominently featured in stories by metro news outlets last year, describing her legal ordeal contesting end-of-life measures for her 85-year-old husband. In recent months, though, the story has expanded from a tale of human emotion to include alleged Medicaid fraud. Franconia Township resident Lana Barnes, is facing seven criminal charges of theft by false representation. She is accused of taking more than $100,000 from the system designed to compensate attendants who provide care for the seriously ill in their home. Barnes, (who turns 58 on Jan. 17) rather unceremoniously lost her guardianship rights in early 2011 concerning her frail husband Al.

The probate court reacted to Barnes having altered Al’s medical care directive papers, omitting two pages of the 1993 directive when she presented the papers to a hospital in December 2010. The statements omitted were contradicting her assertions that he’d stipulated aggressive, life sustaining care. The theft charges came March 2012 as a result of Chisago County Public Health and Human Services staff and state officials in the Medicaid Fraud Control Unit of the MN Attorney General looking into paychecks for Al Barnes’ personal care attendant (PCA). According to the criminal complaint Lana Barnes intentionally mis-represented to Nurse Staffing Solutions that her son Fred had provided personal nursing services for Al. Spouses are not permitted under Medicaid to collect wages as a PCA.

Other family members may, however, qualify as a PCA. The problem was that the son Fred, an over-the-road truck driver, was not at home on Quinlan Avenue but was driving when his PCA timesheets claimed hours from Nurse Staffing Solutions. PCA providers like Nurse Staffing Solutions, administer the attendants’ participation in the program and distribute wages to approved PCAs. The complaint also alleges that Chisago County social workers were concerned that some of the PCA hours submitted overlapped with when Al was hospitalized. Medicaid does not cover costs for a PCA when the client is hospitalized. The complaint alleges Barnes’ timecards covering about $22,000 in pay, between July 2009 and May 2010, coincided with Al’s hospital stays.

The complaint declares that when the state investigator contacted Fred he said he had been accepted as his father’s PCA in 2005. By 2006 he was driving truck, and his mother managed all the paperwork relating to his father’s care. Fred denies completing, signing or submitting any PCA time cards. He reportedly told the fraud unit investigator he knew Lana Barnes was receiving his PCA paychecks and he should not have let this continue, the complaint states. “Overpayments” based on Fred’s trucking logs and company payroll records between Jan. 2007 to May 31, 2010 amounted to $100,973. Due to the complexities of this case and the amount of the alleged fraud, Chisago County Attorney Janet Reiter said prosecution is being handled by the state, in court proceedings in Center City.

Full Article and Source:
Franconia Resident Accused of Fraudulently Collecting $100,000 Plus in Personal Care Attendent Salary

See Also:
Shocking Surprise in Al Barnes Case!

4 comments:

Thelma said...

May be a common problem, but hard to detect.

Better if gov't went after the bigger thieves - medical providers, guardians and conservators.

Abby said...

I just have the feeling this wife did the best she could. They've been trying to bury her from day one.

Finny said...

I agree, Abby. I smell an overwhelming effort to malign the wife to take her voice away.

Anonymous said...

Sure go after the wife easy target she sounds greedy doesn't she? Well, I strongly suggest people with judgmental minds go look at the billing in other case files guarantee you in about 1 hour this amount looks like spare pocket change and yes Medicaid is being scammed in all 50 states and every county within the respective state and Illinois does it better: by misuese of OBRA special trust funds ouch ouch ouch and splat and you know when the OBRA account is drained, well not to worry, dead wards excess OBRA funds will be funnelled to depleted accounts all for administrative billing to the tune of $200,000.00 for the pro guardianship team and trustee of the trust with $500.00 for the ward - sound like a good deal? Now that all is gone $00.00 in ward's account the guardianship team and trustee have open season on charitable fund with no accounting to the court this scam involves serial billers.