CONTACT: Jason Turner, Assistant Attorney General, (802) 828-5332
Attorney General Thomas J. Donovan announced today that Cody LaFountain, age 34, of Barre Town, Vermont, was sentenced to 50 months to 15 years incarceration on September 26, 2017, in Vermont Superior Court for Washington County on one felony count of Neglect of a Vulnerable Adult with Serious Bodily Injury/Death resulting, one count of Medicaid Fraud, one misdemeanor count of False Pretenses, one misdemeanor count of Neglect of a Vulnerable Adult, and one count of False Information to Law Enforcement. Mr. LaFountain had previously entered a nolo contendere plea on the felony charge of Neglect of a Vulnerable Adult with Serious Bodily Injury, and guilty pleas on the remaining counts on May 26, 2017.
Mr. LaFountain was the shared living provider for the disabled adult through a program managed by the Community Access Program of Rutland Mental Health Services. Mr. LaFountain failed to provide proper supervision to the disabled individual, who suffered from cerebral palsy and was non-verbal, by leaving the individual in the home unattended although care plans required 24-hour supervision and failing to obtain proper medical treatment for injuries suffered by the individual. While under Mr. LaFountain’s supervision, the individual suffered serious bodily injuries on November 1, 2014, for which no medical care was provided, and passed away on November 2, 2014 in LaFountain’s home.
As a result of Mr. LaFountain’s failure to provide proper care to the disabled adult under the terms of shared living provider contract, Mr. LaFountain committed Medicaid Fraud by seeking and receiving payments of Medicaid funds under the shared living provider program.
LaFountain also pled guilty to participating in a scheme with his sister, to submit claims for providing care to the disabled adult under the Developmental Services Medicaid Waiver Program, when the care was not actually provided. According to documents filed with the Court and the admissions of the parties, LaFountain submitted timesheets to the Medicaid program in his sister’s name for times she was working for a different employer. LaFountain’s sister would cash the checks from the Medicaid payment agency and provide cash to LaFountain related to the improper claims.
Mr. LaFountain also pled guilty to Providing False Information to Law Enforcement related to false statements made to Barre Town Police and Vermont State Police during the initial stages of the investigation immediately after the death of the disabled adult. LaFountain made false statements, related to events in the hours immediately preceding the death of the vulnerable adult, to investigators, as well as inducing another individual to provide a false statement.
Attorney General Donovan said, “This collaborative multi agency effort demonstrates Vermont’s commitment to protecting the most vulnerable. This sentence sends the right message to those that prey on Vermont’s disabled.”
The charges stemmed from a joint investigation by the Vermont Attorney General’s Office, Medicaid Fraud & Residential Abuse Unit, Vermont Department of Aging and Independent Living, Adult Protective Services Unit, Barre Town Police Department, and Vermont State Police. The Medicaid Fraud & Residential Abuse Unit investigates and prosecutes crimes involving Medicaid fraud and/or abuse or neglect of vulnerable adults.
Last modified: June 29, 2018