Fake Nurse Identity Theft Plea Warning For Health Care Employers |

Fake Nurse Identity Theft Plea Warning For Health Care Employers

The identity, fast and broad conviction of a woman for using stolen identification to secure employment as a nurse is a cautionary warning to other healthcare employers to ensure the effectiveness of their own background screening in the hiring process.

Leticia Gallarzo peaded guilty to using the identity of another person to obtain employment as a licensed registered nurse and to making false statements relating to health care matters.

Court documents reflect Ms. Gallarzo used the identity of a real nurse to obtain employment as a licensed registered nurse, Gallarzo falsely represented that she was a licensed registered nurse and had completed a Bachelor of Science degree in nursing from Davenport University when applying for a job at a local nursing facility. When transmitting her application to the prospective employer over the internet through Indeed.com, Gallarzo used the means of identification of someone that she knew to be an actual licensed registered nurse in the state of Michigan. After obtaining employment as a nurse, Gallarzo evaluated and assessed elderly nursing home patients and falsely signed electronic medical records as a licensed registered nurse. These false statements were related to Medicare, a health care benefit program, because the nursing home relied on Gallarzo’s status as a licensed registered nurse to meet certain Medicare regulations for participation in and billing of Medicare.

Gallarzo pleaded guilty to two federal crimes: making a false statement in a medical record affecting a health care benefit program and aggravated identity theft. The health care fraud charge is punishable by up to five years in prison. The aggravated identity theft charge carries a mandatory two years in prison, which must be served consecutively (after) any prison sentence imposed for the health care fraud charge The Court has not yet scheduled Gallarzo’s sentencing date. She faces up to 7 years in prison

As noted by U.S. Attorney for the Western District of Michigan Mark Totten in announcing the plea, allegations that Ms. Gallarzo faked being a licensed nurse and created false medical records are extremely alarming,. “By allegedly posing as a certified medical professional, she risked patient care and put unsuspecting individuals in harm’s way. My office takes this threat to public safety very seriously and appreciates the work of our law enforcement partners in this investigation.”

Aside from the malpractice and other exposures, created by appointment and qualified individuals, healthcare providers, fesen, plethora of regulatory risk when employing and unlicensed, or otherwise disqualified individuals or in their facility. Pending on the adequacy of the employers, hiring, credentialing at other procedures, for example, healthcare providers, good face exposure for violating Medicare terms of participation by employing a disqualified person, Health Insurance Portability & Accountability Act and other medical information and data security, , privacy and related rules, False Clains Act liability for billing and other submissions made based on her records and care as well as other exposures under federal and state law.

The actions and prosecution of Ms. Gallarzo provides a cautionary warning for other healthcare providers to ensure that those presenting credentials to work in their organization or actually the parties they represent them selves to be and possess and maintain all represented and other necessary credentials..

In order to ensure their organizations ability to legally investigate the identity and credentials of applicants, employees and others providing services in their organizations, organizations must ensure their practices comply with the background consent and other requirements at the Fair Credit Reporting Act and other relevant federal and state regulations. In addition, organizations should ensure that their policies and procedures, incorporate appropriate practices and consents to allow for ongoing monitoring and investigation of credentials and other concerns.

For More Information

We hope this update is helpful. For more information about these or other health or other legal, management or public policy developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452 -8297.

Solutions Law Press, Inc. invites you to receive future updates by registering on our Solutions Law Press, Inc. Website and participating and contributing to the discussions in our Solutions Law Press, Inc. LinkedIn SLP Health Care Risk Management & Operations Group, HR & Benefits Update Compliance Group, and/or Coalition for Responsible Health Care Policy.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here.

About the Author

Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for 35 plus years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications.

A Fellow in the American College of Employee Benefit Counsel, Co-Chair of the American Bar Association (“ABA”) International Section Life Sciences and Health Committee and VIce-Chair Elect of its International Employment Law Committee, Chair-Elect of the ABA TIPS Section Medicine & Law Committee, Past Chair of the ABA Managed Care & Insurance Interest Group, Scribe for the ABA JCEB Annual Agency Meeting with HHS-OCR, past chair of the ABA RPTE Employee Benefits & Other Compensation Group and current co-Chair of its Welfare Benefit Committee, and Chair of the ABA Intellectual Property Section Law Practice Management Committee, Ms. Stamer is most widely recognized for her decades of pragmatic, leading-edge work, scholarship and thought leadership on healthcare and life science, managed care and insurance and other workforce and staffing, employee benefits, safety, contracting, quality assurance, compliance and risk management, and other legal, public policy and operational concerns in the healthcare and life sciences, employee benefits, managed care and insurance, technology and other related industries. She speaks and publishes extensively on these and other related compliance issues.

Ms. Stamer’s work throughout her career has focused heavily on working with health care and managed care, life sciences, health and other employee benefit plan, insurance and financial services and other public and private organizations and their technology, data, and other service providers and advisors domestically and internationally with legal and operational compliance and risk management, performance and workforce management, regulatory and public policy and other legal and operational concerns. Scribe for the ABA JCEB Annual Meeting with the HHS Office of Civil Rights, her experience includes extensive involvement throughout her career in advising health care and life sciences and other clients about preventing, investigating and defending EEOC, DOJ, OFCCP and other Civil Rights Act, Section 1557 and other HHS, HUD, banking, and other federal and state discrimination investigations, audits, lawsuits and other enforcement actions as well as advocacy before Congress and regulators regarding federal and state equal opportunity, equity and other laws.

For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.

About Solutions Law Press, Inc.™

Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested in reviewing some of our other Solutions Law Press, Inc.™ resources available here such as:

IMPORTANT NOTICE ABOUT THIS COMMUNICATION

NOTICE: These statements and materials are for general informational and educational purposes only. They do not establish an attorney-client relationship, are not legal advice or an offer or commitment to provide legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstances at any particular time. No comment or statement in this publication is to be construed as legal advice or an admission. The author and Solutions Law Press, Inc.™ reserve the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules make it highly likely that subsequent developments could impact the currency and completeness of this discussion. The author and Solutions Law Press, Inc.™ disclaim, and have no responsibility to provide any update or otherwise notify anyone of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication. Readers acknowledge and agree to the conditions of this Notice as a condition of their access to this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

This entry was posted on Wednesday, November 8th, 2023 at 2:25 pm and is filed under Health Care. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.