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| No. 10 |
Mar 18, 2009, 06:54 PM
Re: anyone ever get their license back after revocation?
As I mentioned, I now manage the sober house I have lived in since May of 2008. I am considered a volunteer, however, the VA waives my rent now that I am house manager. As I said, this is a VA operated sober house. Wait, here it comes...
Yes, the VA is federally funded. I just may be in violation of the OIG exclusion and after all of this time, I face the very real possibility of fines, jail and at the least, becoming homeless and jobless, again. This time, in sobriety.
Yeah, I'm ******.
The OIG excluison applies to payments / services involving medicare patients. I don't see where this could remotely enter into your situation. Federal funding comes from many sources and the VA administration isn't part of the social security/ medicare funds.
To reinstate your license does not require a lawyer and many many nurses have succeeded in doing so without the use of a lawyer. It does take lots of work and research and contact with the BON and can be time consuming.
I know many nurses who have been removed from the OIG list and it is a very straight forward process that definitely can be done without a lawyer.
| | Advertisement Sponsored Links | | | | No. 11 |
Mar 27, 2009, 08:38 PM
Re: anyone ever get their license back after revocation?
I actually came up in the VA's monthly compliance routine. Now the VA's lawyer is all atwitter and sparring with the director of the program. She, (the director) is fighting the good fight on my behalf. So far, she is managing to make the argument that being the house manager is simply the terminal phase of my VA treatment.
The fact is, that OIG exclusion is not merely a Medicare restriction. It very literally states - http://www.oig.hhs.gov/fraud/exclusions.asp -in part: Federal health care programs include Medicare, Medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the United States... Anyway, enough of that. The positive side is this:
I (and my sponsor) will be be standing before the Connecticut Board of Nursing Examiners on Wednesday, April 1st to make my case for reinstatement.
Wish me luck!
| | No. 12 |
Mar 28, 2009, 12:17 PM
Re: anyone ever get their license back after revocation?
Good Luck!!
| | No. 13 |
Mar 31, 2009, 07:03 PM
Updated
Mar 31, 2009 at 07:15 PM by gr8fulnrs
Re: anyone ever get their license back after revocation?
I am an LPN who voluntarily surrendered license 5 years ago because i just couldn't get clean, comprimised patient safety and the whole nine yards. fast foward 5 years later...re-applied for reinstatement (grueling application process) very expensive psych eval, documentation of my inpatient treatment, NA attendance, sponsorship, U/A testing, ect...intense online 6 month LPN refresher course, 120 hr. clinical practicum then finally got my license reinstated...only to find out I was denied fingerprint clearance and am on the OIG exclusion list. Oi-vay! So am in the process now of appealing fingerprint clearnance, and filled out form and mailed off OIG paperwork. The OIG scared the bahgeezers out of me but I'm handling it without a lawyer. just mailed off the paperwork, 120 day response time so we'll see. I'll post an update on that. So what I'm sayin is that yes it is possible to get your license back but remain steadfast and dont be discouraged with all the other little hoops that come with this process. I remain in the spirit of gratitude for my recovery and that I never have to pick up a drink or drug again. that above all is the most important! and no one can ever ever take that away! so good luck and press on!
| | No. 14 |
Apr 05, 2009, 09:51 AM
Re: anyone ever get their license back after revocation? Originally Posted by Not_my_Name I am also in the process of trying to have my RN license reinstated (in Connecticut-revoked 12/2003 r/t EOTH). I appreciate advice such as mmmphreak72's about retaining a lawyer and seeking peer assistance groups, however...
Ever try paying a lawyer when you're nearly unemployable? The OIG exclusion is draconian. I was never even accused of any crime and I am excluded from more routes of employment than a convicted felon, with the state BON holding the only keys.
Peer support groups...
In Connecticut they are nearly non-existent and I have never gotten anything useful from attending any of them that I was able to locate. Anyone I approached for advice was so terrified of the BON that their responses were all variations on "Abandon All Hope, Ye Who Enter Here."
I have since moved to Massachusetts. I am dealing with the CT BON from here. After several years of false recoveries and relapses, I came to the Veterans Administration in Mass. I live in and now manage sober housing here and have been continuously sober since 10-17-07. I have letters from my sponsor, employer, therapist, psychologist, chaplain, and the APRN in charge of substance abuse treatment at the VA. All of the letters address my abstinence and commitment to my recovery. I will also be mailing off the final letter, my own, tomorrow.
As I mentioned, I now manage the sober house I have lived in since May of 2008. I am considered a volunteer, however, the VA waives my rent now that I am house manager. As I said, this is a VA operated sober house. Wait, here it comes...
Yes, the VA is federally funded. I just may be in violation of the OIG exclusion and after all of this time, I face the very real possibility of fines, jail and at the least, becoming homeless and jobless, again. This time, in sobriety.
Yeah, I'm ******.
Your OIG exclusion is related to your suspended/revoked license. The term of such an exclusion is for the term of the license action. In other words, once you clear your license in CT you then apply for the exclusion to be lifted...and it is. This only makes sense since participation in Medicare/medicaid is predicated on having a professional license that allows you, or your employer to bill for your services. The exclusion prevents billing based on a license that does not exist any longer.
In your role as a recovery house manager you have nothing to do with Medicare/Medicaid, and your services are not billed for. An OIG exclusion does NOT prevent you from being an employee at a federally funded facility....just billing for your professional health care services.
You are doing all the right things re; the CT board. Attorney involvement at this point will do nothing but cost you money. Should the CT BON not allow you a path to regain your license, THEN you need a lawyer. | | No. 15 |
Apr 05, 2009, 10:33 AM
Re: anyone ever get their license back after revocation?
There are so many opinions about the OIG exclusion that I have decided that even trying to discuss it here is worse than pointless. I will simply do as the BON has instructed me.
And speaking of the BON, on Wednesday, 1 April, they voted unanimously and without hesitation to grant me a hearing regarding reinstatement of my RN license.
They will send notification of a hearing date in the mail.
Whee!
| | No. 16 |
Apr 05, 2009, 10:57 AM
Re: anyone ever get their license back after revocation? Originally Posted by Not_my_Name There are so many opinions about the OIG exclusion that I have decided that even trying to discuss it here is worse than pointless. I will simply do as the BON has instructed me.
And speaking of the BON, on Wednesday, 1 April, they voted unanimously and without hesitation to grant me a hearing regarding reinstatement of my RN license.
They will send notification of a hearing date in the mail.
Whee!
Not my opinion. It is the law:
The effect of an exclusion (not being able to participate) is: - No payment will be made by any Federal health care program for any items or services furnished, ordered, or prescribed by an excluded individual or entity. Federal health care programs include Medicare, Medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the United States (other than the Federal Employees Health Benefits Plan). For exclusions implemented prior to August 4, 1997, the exclusion covers the following Federal health care programs: Medicare (Title XVIII), Medicaid (Title XIX), Maternal and Child Health Services Block Grant (Title V), Block Grants to States for Social Services (Title XX) and State Children's Health Insurance (Title XXI) programs.
- No program payment will be made for anything that an excluded person furnishes, orders, or prescribes. This payment prohibition applies to the excluded person, anyone who employs or contracts with the excluded person, any hospital or other provider where the excluded person provides services, and anyone else. The exclusion applies regardless of who submits the claims and applies to all administrative and management services furnished by the excluded person.
See: http://www.oig.hhs.gov/fraud/exclusions.asp | | No. 17 |
Apr 05, 2009, 11:08 AM
Re: anyone ever get their license back after revocation? Originally Posted by Not_my_Name I actually came up in the VA's monthly compliance routine. Now the VA's lawyer is all atwitter and sparring with the director of the program. She, (the director) is fighting the good fight on my behalf. So far, she is managing to make the argument that being the house manager is simply the terminal phase of my VA treatment.
The fact is, that OIG exclusion is not merely a Medicare restriction. It very literally states - http://www.oig.hhs.gov/fraud/exclusions.asp -in part: Federal health care programs include Medicare, Medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the United States...
Again, this pertains ONLY to BILLING for YOUR services to a federal health care program. This has NOTHING to do with employment and NOTHING to do with any federal program hiring or employing an individual who is excluded from OIG. As a civilian house manager, you CANNOT bill a federal health program for your services...they are NOT covered. You are not a health service provider. Thus, no employer can bill for your services. have you ever heard of a civilian recovery house manager applying for a medicare/medicaid provider number????? I am sorry if you have received a wide range of opinions regarding this, but all I can say is that I have no doubt that the information I am giving you is 100% correct. The VA attorney obviously has no understanding of OIG exclusions, or the law pertaining to them. I do. It is part of my job.
| | No. 18 |
Apr 05, 2009, 01:32 PM
Re: anyone ever get their license back after revocation?
I just got issued a FL RN license in Jan. after vol. surrender in 1996. Start by gathering all your disciplinary records. This can be done on the FL MQA website. Look up your license; it will be there revoked of not. Make sure you aren't excluded from relicensure.
In my case, the first step was to apply for licensure by examination. Disclose all discipline and include copies of all documentation. Then they wanted a transcript sent directly to the board. After that I was called to the Credentials Committee to answer for the discipline. Their ruling was to license upon passing the NCLEX, taking a refresher with clinical component and an IPN eval.
I had been sober for several years but could not document that. I was required to sign a 5yr monitoring contract that did not include any treatment. Roughly monthly random drug screens, 3xs weekly AA, weekly nursing support group meetings and a 1yr key restriction. Not as bad as it sounds, but I wouldn't suggest it if you aren't clean and sober.
I studied my a** off for the NCLEX and it was a joke in comparison to the 2day written test I took originally.
And I won't even start on finding a job after all that. However, this is what I wanted to do and so can you.
Good luck! I have much more info if you need.
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