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Affidavits detail fraud allegations in home care death case

By John Whittaker 5 min read
Crime scene tape

Charges filed against four home care workers this week also include charges focused on the misuse of state funding for the care of a care-dependent resident who passed away in putrid conditions at Hickory Creek Home Care.

The facility is located at 315 Second Ave. No. 302, Warren, but the early investigation was handled by Conewango Township police with the state Attorney General's office becoming involved later. The man at the center of the case was referred to only by his initials in the Affidavits of Probable Cause filed along with the charges. For more, visit timesobserver.com or see Friday's edition of the Times Observer.

Gregory S. Stanbro, 48, of Pittsfield, was charged with third-degree felony neglect of care of a dependent person - endangers the welfare of a care-dependent person for whom he is responsible, third-degree conspiracy - neglect of care dependent person intentionally/knowingly/recklessly causing injury by failing to treat/care, third-degree felony unentitled reimbursement and third-degree conspiracy - theft by deception - false impression. Stanbro, according to the Affidavit of Probable Cause filed by the state Attorney General’s Office, was the region director to whom incidents were to be reported.

Michelle Chapin, 56, of Girard was charged with third-degree felony neglect of care of a dependent person - endangers the welfare of a care-dependent person for whom she is responsible, third-degree felony false/fraudulent medical assistance claim, third-degree conspiracy - neglect of care of a dependent person - endangers the welfare of a care-dependent person for whom she is responsible, third-degree conspiracy - unentitled reimbursement, misdemeanor theft by deception - false impression and misdemeanor receiving stolen property. Chapin, according to the affidavit, was the homecare services supervisor who was to provide direct care worker services as well as act as a supervisor to other direct care workers in the home.

Two other Hickory Creek employees also face charges. Katrina Burgeson, 54, of Clarendon was charged with third-degree felony neglect of care of a dependent person - endangers the welfare of a care-dependent person for whom she is responsible, third-degree felony false/fraudulent medical assistance claim, third-degree conspiracy - neglect of care of a dependent person - endangers the welfare of a care-dependent person for whom she is responsible, third-degree conspiracy - unentitled reimbursement, misdemeanor theft by deception - false impression and misdemeanor receiving stolen property.

Kimberly Hogan, 63, of Youngsville was charged with third-degree felony neglect of care of a dependent person - endangers the welfare of a care-dependent person for whom she is responsible, third-degree felony false/fraudulent medical assistance claim, third-degree conspiracy - neglect of care of a dependent person - endangers the welfare of a care-dependent person for whom she is responsible, third-degree conspiracy - unentitled reimbursement, misdemeanor theft by deception - false impression and misdemeanor receiving stolen property.

Stanbro, Chapin, Burgeson and Hogan all said the man refused help and treatment, but the state Attorney General's investigation, according to the Affidavit of Probable Cause, said there were no documented instances of the man refusing services. But, the state alleges, the four employees accepted payment for services that weren't actually provided. In the case of Stanbro, the charge is the result of his supervisory role.

"In short, there is no evidence Stanbro took any action based on (the man's) condition," the affidavit states. "In fact, Stanbro supervised employees who continued to bill for (the man's) care indicating that they were caring for (the man) when the evidence indicates they were not."

The state Medical Assistance Program is a joint federal and state program that purchases health care for low-income state residents. It is administered by the Office of Medical Assistance Programs under the state Human Services Department.

"At all times, the money passing through remains Medical Assistance money," the affidavit states.

The charges of untitled reimbursement and conspiracy – theft by deception stem from $6,873 AmeriHealth paid for 320 hours of personal assistance services provided to the unnamed man during a 40-day period from Sept. 7, 2023, through Oct. 16, 2023. The list of tasks employees allegedly said they did during time included making sure the man took part in physical activity, cleaning, dishes, dressing the man, cleaning up garbage, laundry, meal planning, meal preparation, medication reminders, showers, snacks, sweeping the floor, helping the man use the bathroom and vacuuming.

Hickory Creek uses a software program through which employees who provide personal assistance services clock in and clock out. There is also a tablet located in the home where employees document specific personal assistance services provided. Hickory Creek then submits those hours and tasks to the managed care organization, which was AmeriHealth for the unnamed client. AmeriHealth then paid Hickory Creek for the services, with the agency then paying the workers for care rendered.

"During the time in question, Hickory Creek Homecare Services Supervisor Michelle Chapin, DCW Kim Hogan and DCW Katrina Burgeson all entered dates (and) times in the LEAF system documenting (personal assistance services) allegedly provided to (the man)," the affidavit states. "This caused Hickory Creek to submit claims to AmeriHealth and to pay Chapin, Hogan and Burgeson for services allegedly rendered."

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