Thread: Alamance Co. DA: No charges against health dept. employees

Outrageous! No charges will be filed against health dept. doctor and nurse for providing a work excuse WITH A FAKE NAME to illegal aliens, at least one of whom worked at THE COUNTY LIBRARY BUT WAS USING THE HEALTH DEPARTMENT FOR FREE PRE NATAL CARE!



District attorney: no wrongdoing by employees in health department investigation
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August 18, 2008 - 5:24PM
Times-News

An investigation at the Alamance County Health Department found no wrongdoing by the department's medical director or a nurse mid-wife, Alamance County District Attorney Rob Johnson said in a statement Monday afternoon.

Dr. Kathleen Shapley-Quinn and Karen Saxer have been suspended from the department during an investigation into doctor's work notes with aliases written for illegal immigrant clients.

Johnson said he agreed with the conclusions of the investigation that there was "no criminal intent" by either woman. He said the Office of the United States Attorney for the Middle District of North Carolina received a copy of the investigative report and also will not file charges.

"No violations were discovered on the part of Dr. Shapley-Quinn or Nurse Karen Saxer, the subjects of the investigation," the statement reads.

Keith Whited, chairman of the county board of health, approached County Manager David Smith with concerns about the practice. The county sheriff's department asked the state Bureau of Investigation to step in, rather than investigate another county department.

The Piedmont Triad Office of the SBI, Medicaid fraud investigator Emily W. Foss of the N.C. Department of Justice and Special Agent Madeline Fillman of the U.S. Department of Health and Human Services worked on the investigation.

The investigation hinged on whether Shapley-Quinn and Saxer committed medical assistance provider fraud, as defined in the North Carolina General Statutes.

Those statutes read:

108A‑63. Medical assistance provider fraud.

(a) It shall be unlawful for any provider of medical assistance under this Part to knowingly and willfully make or cause to be made any false statement or representation of a material fact:

(1) In any application for payment under this Part, or for use in determining entitlement to such payment; or

(2) With respect to the conditions or operation of a provider or facility in order that such provider or facility may qualify or remain qualified to provide assistance under this Part.

(b) It shall be unlawful for any provider of medical assistance to knowingly and willfully conceal or fail to disclose any fact or event affecting:

(1) His initial or continued entitlement to payment under this Part; or

(2) The amount of payment to which such person is or may be entitled.

(c) Any person who violates a provision of this section shall be guilty of a Class I felony.

(d) "Provider" shall include any person who provides goods or services under this Part and any other person acting as an employee, representative or agent of such person. (1979, c. 510, s. 1; 1981, c. 275, s. 1.)

"Under the facts as disclosed by the investigation, neither Dr. Shapley-Quinn nor Mid-Wife Nurse Karen Saxer committed the crime of medical assistance provider fraud under either subsection (a) or subsection (b). No application for payment was made by them nor was any action taken by them for use in determining entitlement to such payment. Furthermore, no misstatements were made by them regarding conditions or operations of the provider or facility in order to remain qualified to provide assistance. Likewise there was no violation of subsection (b) because there was no concealment or failure to disclose a fact regarding initial or continued payment or the amount of payment. Simply put, the act or acts of providing work notes to the employer do not factually fit the prohibited acts of conduct under the Medical Assistance Provider Fraud statute," Johnson's statement reads.

Johnson went to on to say that "it is unfortunate that what was and remains essentially an administrative matter, a personnel issue, and conflicting differences of opinion has resulted in a criminal investigation."

Sheriff Terry Johnson is scheduled to speak to the Alamance County Board of Commissioners about the investigation at a meeting Monday night.

For more, check back later at TheTimesNews.com or look for Tuesday's print edition.

http://www.thetimesnews.com/news/health ... ation.html

Also, I just watched the local Fox 8 news showing Alamance Co. Sheriff Terry Johnson letting the board of commissioners have it at tonight's meeting. Johnson, it seems, is being accused of going too far with the 287g program because he's actually ARRESTING illegal alien law-breakers and detaining them for ICE! When/IF the video is made available at the Fox 8 WGHP website I will post it here.

I certainly understand that neither the doctor or the midwife was found to have committed any wrong doing in terms of payment fraud, but what about aiding and abetting in the use of multiple aliases in the commission of other illegal activity?

Even in my line of work I have had tenants ask for various things.....social services, loan, and credit verifications, etc.......but in names other than those which were on file with me, and I am strictly prohibited by law to do that because, obviously, that individual is engaged in something illegal.

So, how is it that it would be legal for employees of a health care facility to facilitate the use of aliases? They certainly can't claim confidentiality issues because, even if an individual used an alias to seek treatment, by asking for a note for work in another name it could be argued that they are voiding that anonymity?

Further, what investigation into fraud committed by illegal aliens......and especially that librarian.....is going to be conducted with charges filed where applicable?

Did they or did they not know she had two names?

How did she get services? Social Security cards? Did not match her name?

Will we ever know the facts?

Here is the video of last night's commissioner's meeting with Sheriff Johnson. We need to support this sheriff. He's catching heck from all sides.


http://www.myfoxwghp.com/myfox/pages/Ho ... geId=1.1.1

Alamance Sheriff Contends He's Not Targeting Illegals
Last Edited: Monday, 18 Aug 2008, 10:22 PM EDT
Created: Monday, 18 Aug 2008, 10:22 PM EDT

Group Protests Treatment of Illegals
GRAHAM, N.C. (WGHP) -- In light of recent arrests of illegal immigrants in Alamance County, there has been growing concern that the sheriff's office is overstepping its bounds regarding 287G, the agreement the department has with U.S. Immigrations and Customs Enforcement to detain illegal immigrants. At the county commissioners meeting Monday night, the sheriff's office offered proof it's not abusing its power.

Originally Posted by azwreath

I certainly understand that neither the doctor or the midwife was found to have committed any wrong doing in terms of payment fraud, but what about aiding and abetting in the use of multiple aliases in the commission of other illegal activity?

Even in my line of work I have had tenants ask for various things.....social services, loan, and credit verifications, etc.......but in names other than those which were on file with me, and I am strictly prohibited by law to do that because, obviously, that individual is engaged in something illegal.

So, how is it that it would be legal for employees of a health care facility to facilitate the use of aliases? They certainly can't claim confidentiality issues because, even if an individual used an alias to seek treatment, by asking for a note for work in another name it could be argued that they are voiding that anonymity?

Further, what investigation into fraud committed by illegal aliens......and especially that librarian.....is going to be conducted with charges filed where applicable?

I agree, azwreath- maybe there was no law broken regarding payment fraud. But these health dept. employees DID write work notes for FIVE illegal aliens using a name other than the one presented at the HD. They KNOWINGLY aided and abetted illegal aliens to commit fraud. I want to know WHY the two HD employees won't be held accountable. I would also like to know WHY the other FOUR illegal aliens haven't been detained for immigration violations and processed for deportation.

I wonder if she mentioned her income as a librarian when she applied for FREE PRENATAL CARE. Probably not, if she is working under a different ID.

This is another example of how illegal aliens feel entitled to free services at taxpayer expense--and the courts back them up, time and time again. Lies are ok if you are not a citizen. If a citizen lies to get health services, it is a criminal offense.