The exterior of Bartholomew County Courthouse in Columbus, Ind., pictured, Thursday, Sept. 29, 2016. Mike Wolanin | The Republic
A former nurse at a Bartholomew County long-term care facility who was charged with three felonies stemming from allegations that she took opioid pills prescribed to residents has agreed to a plea deal.
Erin R. McMillan, 44, 3313 Deerbook Drive, Columbus, a licensed practical nurse who used to work for Millers Merry Manor, was charged earlier this year 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.
On Oct. 30, McMillan pleaded guilty via Zoom in Bartholomew Superior Court 1 to obtaining a controlled substance by fraud as part of a plea deal that was struck in August, court records show.
As part of the plea agreement, state prosecutors agreed to drop the other two felony charges and recommended a one-year suspended prison sentence and one year of probation that includes obtaining a substance abuse evaluation and following the recommendations of the evaluation, according to a copy of the agreement. She also will be required to pay court costs and fees and perform 30 hours of community service.
A jury trial scheduled for Nov. 28 has been canceled.
McMillan was voted “best nurse” by The Republic’s readers just months before the alleged 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 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 medical experts.
The charges against McMillan were part of 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.
According to the Indiana Nursing Board, McMillan’s license to practice as an LPN expired Oct. 31, 2022.
