COLUMBUS, Ind. — A nurse at a long-term care facility in Bartholomew County has been charged with three felonies for allegedly taking opioid pills prescribed to residents from a med cart and putting them in her purse, the Indiana Attorney General’s office said Wednesday.
Erin R. McMillan, 44, a licensed practical nurse who used to work for Millers Merry Manor in Hope, has been charged with obtaining a controlled substance by fraud; furnishing false or fraudulent information; and failure to make, keep or furnish a record — all Level 6 felonies.
Bartholomew Superior Court 1 Judge James D. Worton issued a warrant for her arrest on June 15, but she had not been taken into custody or turned herself in as of 4:15 p.m. Wednesday afternoon, according to court records.
McMillan was voted “best nurse” by The Republic’s readers in its “Best of” contest just months before the incidents that led to the criminal charges. She was employed by the long-term care facility from March 10, 2020, to May 18, 2022, according to court records.
A probable cause affidavit filed in Bartholomew Superior Court 1 alleges that video footage viewed by staff at Millers Merry Manor shows McMillan repeatedly removing medications from the facility’s narcotic drawer and then not dispensing them to residents from May 2, 2022, to May 18, 2022.
“They noticed peculiar behaviors on video of McMillan,” the affidavit states. “Some of those behaviors were removing medications from the narcotic box and then never leaving the area to go and administer the medications. They also saw her walk around from where the medication cart was, back behind the nurse’s station where the computers are, and it appeared that something was in her hand. She picked up a bag and puts something into her personal bag.”
One official at Millers Merry Manor told investigators that “you could visibly watch McMillan get into the narcotic drawer at one point (and) take out multiple narcotics at one time, put it into a cup and go directly to her purse,” the affidavit states.
Millers Merry Manor also conducted an internal audit of all resident narcotic count sheets and found that their records indicated that McMillan was allegedly dispensing opioids to residents on days that she was not scheduled to work or several hours before she clocked in, according to the affidavit.
The medications allegedly included tramadol and oxycodone, which are opioids that are prescribed to relieve pain but can become habit-forming, according to the Mayo Clinic.
The charges against McMillan were part of a nationwide initiative a nationwide initiative led by the U.S. Department of Justice and the U.S. Department of Health and Human Services against doctors, nurses and other licensed medical professionals for alleged participation in health care fraud schemes, according to the Indiana Attorney General’s office.
The investigation into McMillan was one of eight criminal investigations by the Indiana Attorney General’s office’s Medicaid Fraud Control Unit into alleged Medicaid fraud that led to charges being filed against nine people.
“In Indiana, Medicaid benefits are intended to help provide needed medical care for disabled and low-income Hoosiers,” Rokita said in a statement Wednesday. “Unfortunately, unscrupulous providers all too often try to divert these resources to serve their own selfish desires. In the process, they scam their fellow taxpayers whose hard-earned money supports these programs. Our team of lawyers and investigators will continue to hold accountable all those who illegally try to defraud the system.”
In each case, the fact that a person has been charged with a crime is merely an accusation, and these persons are presumed innocent until and unless proven guilty, state officials said.
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