A Lawrence woman has been indicted for involuntary manslaughter and caretaker neglect in the death of her husband, and for MassHealth fraud, after prosecutors say she was paid about $135,000 as his personal care attendant while he developed more than ten pressure wounds. Attorney General Andrea Joy Campbell’s office announced the indictments of Judit Diaz de Vargas, 49. She was arraigned in Essex Superior Court on September 25, 2026. She is presumed innocent.
The case turns on a MassHealth rule most families using the PCA program run into sooner or later: a spouse cannot be paid as a personal care attendant. According to the Attorney General, that is exactly the rule she got around, by describing herself on the paperwork as her husband’s “ex-daughter-in-law.”
What the Attorney General alleges
According to the Attorney General’s office:
- In April 2023, Vargas applied to be her husband’s PCA, listing herself as his “ex-daughter-in-law” after being told that MassHealth regulations prevent spouses from serving as PCAs.
- From April 2023 to November 2025, MassHealth paid about $135,000 based on timesheets she submitted for care she said she provided.
- In October 2025, her husband was admitted to Lawrence General Hospital with more than ten pressure wounds, at least eight of them unstageable, and extreme emaciation. He died four days later of sepsis from infections of the necrotic wounds.
- The hospital contacted an adult protective services agency, which referred the case to the Attorney General’s Medicaid Fraud Division. Based on medical records and interviews, the office alleges his wounds would not have progressed as they did with proper care.
The Attorney General’s release did not name the husband or give his age.
The charges and what they carry
- Involuntary manslaughter, G.L. c. 265, § 13. Up to 20 years in state prison.
- Caretaker neglect causing serious bodily injury, G.L. c. 265, § 13K(e). A caretaker who “wantonly or recklessly permits serious bodily injury” to an elder or person with a disability faces up to ten years in state prison.
- Caretaker neglect of an elder, G.L. c. 265, § 13K(d½). Wanton or reckless neglect by a caretaker, up to three years in state prison.
- Medicaid false claims, G.L. c. 118E, § 40. Knowingly and willfully making a false statement of material fact in an application for MassHealth benefits or payment, up to five years in state prison and a fine of up to $10,000.
- Larceny by false pretenses over $1,200.
Bail was set at $15,000. The court ordered her not to work with the PCA program or any other MassHealth program, not to work or volunteer with elderly or disabled people, to surrender her passport, and not to leave Massachusetts without permission.
Why a wife can still be a “caretaker” under the neglect law
The neglect statute does not depend on the PCA paperwork. Under § 13K(a), a caretaker is “a person with responsibility for the care of an elder or person with a disability,” and that responsibility can arise from a family relationship, from a contract, or from voluntarily taking on the job. For family, the statute says it “may be inferred that a husband, wife, son, daughter, brother, sister, or other relative” is a caretaker if the person “has provided primary and substantial assistance” such that a reasonable person would believe failing to provide it would harm the person’s health. Someone who is paid to provide care is separately covered as a contractual caretaker.
“Neglect” is defined as “the failure to provide treatment or services necessary to maintain health and safety and which either harms or creates a substantial likelihood of harm.” An “elder” is a person 60 or older.
The MassHealth rule: who can be paid as a PCA
MassHealth’s PCA program lets members with long-term disabilities hire their own attendants for help with daily activities. The member is the employer. But the regulations limit who can be hired. Under 130 CMR 422.404(A)(1)(d), to be employed as a PCA, a person must:
- “not be a family member, as defined in 130 CMR 422.402”;
- “not be the member’s surrogate”;
- “not be the member’s foster parent”; and
- “not be receiving compensation from any other person or entity for that activity time.”
The definition of “family member” in 130 CMR 422.402 is narrower than most people assume: “the spouse of the member, the parent of a minor member, including an adoptive parent, or any legally responsible relative.”
In practical terms:
- A spouse cannot be paid as a PCA.
- A parent cannot be paid as a PCA for a minor child.
- The member’s surrogate, defined as the person “responsible for performing certain PCA management tasks that the member is unable or unwilling to perform,” cannot also be the paid PCA.
- Other relatives are not automatically excluded by that definition. An adult child, a sibling, or a parent of an adult member is not a “family member” under 130 CMR 422.402 unless the person is a “legally responsible relative.” Families should confirm eligibility with their personal care management agency before anyone starts work.
Misstating a relationship to get around the rule is what turns an eligibility problem into a false statement case under c. 118E, § 40.
What comes next
The case is in Essex Superior Court. The next date has not been announced. The Attorney General’s office is prosecuting through its Medicaid Fraud Division, with assistance from the federal Office of Inspector General, Lawrence police and the Essex District Attorney’s office. Vargas is presumed innocent, and the facts above are allegations.
Anyone who suspects neglect of an elder can report it to the state’s elder protective services hotline. MassHealth fraud and neglect of Medicaid patients can be reported to the Attorney General’s Medicaid Fraud Division.
Frequently asked questions
Can a spouse be a paid PCA through MassHealth?
No. Under 130 CMR 422.404, a PCA may not be a “family member,” which 130 CMR 422.402 defines as the member’s spouse, the parent of a minor member, or any legally responsible relative. The PCA also may not be the member’s surrogate or foster parent.
Can an adult child be paid as a parent’s PCA in Massachusetts?
An adult child is not within the regulation’s definition of “family member” unless the child is a legally responsible relative, so an adult child is not automatically excluded. The child also cannot be the member’s surrogate. Confirm with the personal care management agency before starting.
What is Judit Diaz de Vargas charged with?
Involuntary manslaughter, caretaker neglect causing serious bodily injury, caretaker neglect of an elder, Medicaid false claims, and larceny by false pretenses over $1,200. She was arraigned in Essex Superior Court on September 25, 2026, with bail set at $15,000. She is presumed innocent.
What is caretaker neglect in Massachusetts?
Under G.L. c. 265, section 13K, a caretaker of an elder (60 or older) or a person with a disability who wantonly or recklessly neglects that person commits a crime. Penalties rise with the harm: up to three years for neglect, five for bodily injury, and ten for serious bodily injury.
Sources: Office of the Attorney General press release, “AG Campbell Secures Indictments Against Lawrence Woman For Manslaughter, Caretaker Neglect, And Fraud Following Husband’s Death,” September 2026, read at mass.gov; MassLive reported the case September 28, 2026. Statutory text of G.L. c. 265, sections 13 and 13K, and G.L. c. 118E, section 40 read at malegislature.gov. Regulations 130 CMR 422.402 and 422.404 read via the Legal Information Institute. General information about Massachusetts law, not legal advice.