Prison for Ohio Home Health Aide Convicted in Workers’ Comp Fraud Case

December 14, 2012

A Ohio home health aide has been sentenced to prison for failing to pay restitution related to a 2010 conviction for workers’ compensation and Medicaid fraud.

Clinton McKinney was originally sentenced in 2010 for falsifying the length of time he spent providing care to an injured worker and a Medicaid recipient. He was back in court November 16 and was sentenced to a 22 month term for violating probation.

“Injured workers who need home health care deserve an attentive caregiver who will provide the appropriate care they need,” said BWC Administrator/CEO Steve Buehrer. “BWC also expects those we pay to provide that care to be responsible partners in getting injured workers healthy and back on the job.”

An injured worker alleged McKinney was falsifying the length of time he was spending at the residence. The injured worker reported there were many days McKinney provided far fewer than the required eight hours of care. McKinney reportedly left the residence in the middle of his shift to tend to a Medicaid recipient. He also allegedly forged the injured worker’s signature on the daily timesheets he was required to submit to his employer.

BWC’S Special Investigations Department (SID) conducted a joint investigation with the Ohio Attorney General’s Medicaid Fraud Control Unit. Employment records obtained from the two home health agencies that employed McKinney revealed numerous overlaps in the times he reported to have been caring for both patients. Specifically, there were 180.08 hours in which McKinney reportedly provided care at both residences simultaneously. McKinney also admitted during an interview to falsifying the length of time he spent with the two patients.

“One thing we always know for sure is that a person cannot be in two places at once,” said Attorney General DeWine. “We are glad to work with BWC to investigate fraud and forgery that can harm patients and cost taxpayers and businesses.”

McKinney entered a guilty plea in 2010 to felony counts of workers’ compensation fraud and forgery. Franklin County Judge Sheward sentenced him to five years of probation for each count, court cost and restitution to BWC in the amount of $6,691.67, including $3,000 for investigative costs.

He was also charged for a misdemeanor count of theft in relation to falsifying the time he spent caring for the Medicaid recipient. He was sentenced to five years probation and a 180-day suspended jail sentence. He was also ordered to pay restitution of $4,950.16 to the Ohio Department of Job & Family Services.

McKinney again appeared in court on November 16, 2012 for a revocation hearing. Judge Sheward sentenced him to 11 months in prison on each of the felonies related to the workers’ comp fraud case. The two counts will run consecutive for a total of 22 months. He was also sentenced to 180 days in jail in the Medicaid fraud case.

He was again ordered to pay the $11,412.83 he still owes the Ohio Bureau of Workers’ Compensation (BWC) and Ohio Department of Job and Family Services.

Source: Ohio Bureau of Workers’ Compensation