OIG Exclusion Proposal Changes to Early Reinstatement

[Leviathan]

As a member of the elite "OIG Exclusion" group - I am all the time searching for any updates to the OIG regs. Lo and behold, just a few days ago I stumbled upon an article outlining proposed changes to current OIG regs regarding early reinstatement that were released in May 2014. Please see for yourself:

http://www.policymed.com/2014/05/hhs-oig-medicare-and-state-health-care-programs-fraud-and-abuse-revisions-to-the-office-of-inspector-generals-exclusion.html

In the article there is also a link provided to the actual Federal Register document:

http://oig.hhs.gov/authorities/docs/2014/2014-10390.pdf

To find the new proposals for early reinstatement you will want to go immediately to page 15 of the document Sec. 1001.501; and Sec. 1001.3002(b) which is found on page 18.

Keep in mind that this proposal for early reinstatement is for professionals (in our case nurses) who have absolutely no intention of reinstating their original license. But there is a catch, at least from what I understand. The catch is that this applies to individuals who have gone on to obtain licenses with another professional licensing board (e.g., pharmacy, physical therapy) and upon full disclosure to that licensing board of the original circumstances surrounding loss of the original license, no adverse action is taken by the new licensing board. Among other requirements, you have prove that the underlying problem that caused the original license to be suspended or revoked has been resolved. Hence, you have to prove that you are in recovery, have recovered, etc., etc.

Sounds goofy, doesn't it. It raises several questions for me.

1) How can you obtain a professional license from another licensing board without first disclosing that you lost another professional license? Every professional licensing board from doctors to nurses to lawyers to teachers requires this disclosure.

2) How can you complete a degree for a professional license (e.g., pharmacist, physical therapist, counselor) without completing some form of internship that would require you to enter into a facility from which you are forbidden due to the OIG exclusion?

My situation is like most everyone else here in this forum. License suspended 5 years ago, went to a 6 month treatment program, attend meetings, have 2 home groups, sponsor, accountability network, and have been in counseling for roughly three years. I just celebrated 5 years clean and sober in September. I am taking care of the problem. I have accepted responsibility for my choices and continue to take appropriate action.

Nearly three years ago, I decided to abandon nursing altogether, take what medical knowledge, people knowledge, and addiction experience I had and pursue a degree in professional counseling. Whatever time I have left on earth I could use to help at least one person. Only through a background check with the school I attend did I learn I had a criminal record with the OIG Exclusion list. Like many others, I was served a letter at the beginning but honestly did not understand the full scope of the exclusion. Once I saw the results of the background check, it all came back to me. I thought for sure there had to be a resolution. Nope. I have completed every requirement for my counseling degree BUT the internship portion because I cannot find a site to get the 600 hours I need to finish that does not deal with government funding. How about them apples?? Essentially I am at an impasse so back in May (coincidentally) I decided to go ahead and work toward getting my nursing license reinstated since that is the only way to clear your name. I have had little success finding any type of employment. One has to wonder if even a simple department store runs a background check and discovers you have a criminal record that you were never charged, tried, nor convicted for in front of a judge or jury of your peers for.

That takes me back to my original questions. I cannot even complete the degree to apply for the professional license. How in the world would anyone else have been able is beyond me.

I appreciate anyone and everyone who took the time to read this. I beg of you, please read the links I posted. I would be so appreciative for anyone's input, thoughts, and insight into this new change. I am definitely going to follow up. How long before you pay your debt?

[adm6290]

I know this post was a while back, but you DO NOT have to get your license back to be removed. I went through the same thing. The nursing boards will have you believe that because we are a huge money maker for them, but you don't. I got off the list with a good lawyer and no license.

[frustratedXRN]

I am on the Medi-Cal list but not the OIG list. What does that even mean? I was recently hired as a Pharma rep where I would only be covering a small territory in Nashville TN, never in or near California. The company retracted their offer as soon as they received my background check and saw that I was on the Medi-Cal list....WHY?

My California RN license was revoked in 2012 and I didn't even know it for several months. I had moved to another residence and unfortunately I didn't think to change my address with them, so moving forward, I never receive the notice for my BON hearing.

I had not worked as practicing RN for 5 years at that point. When I received the DUI, I was not working, nor going to work or leaving work. So, after hours on hold and multiple calls to the Ca BON, I finally spoke with a lady who claimed to be in the disciplinary facet of the Ca BON. She advised me to save my money and let it go if I did not intend to ever do bedside nursing in CA again, so I took her advise and moved forward. I was a young, oblivious and way to trusting... a huge mistake on my part!!

I was placed on the OIG list as well as the Medi-cal list. I lost my job and was not able to get a job, even though they had nothing to do with being an RN. 5 years or so ago, my name was randomly removed from the OIG sanction list. However, it is still on the Medi-Cal list and keeps me from getting any job that enables me to slightly use my BSN degree. At the time when I had to surrender my licence, I was working as a Medical Device Rep for Boston Sci. as a sales rep in Tennessee...and I lost my job. Now, because of all of the "vendor credentialing" and in depth background checks, I can't even set foot into any hospital in the US. It is to the point that I am seriously and unfortunately considering to move to a different country. This has been hell. It has cost me my livelihood, a ridiculous amount of money and so much disappointment to my family and myself. I have a BSN degree that I am still paying loans on and I cant even use it. I haven't found a single lawyer in California that has mad any progress with my case. Sure, they can possibly get my RN license back, but what's the point when I am still on this god awful and relentless list??? If any one knows someone who has helped with type of situation, PLEASE tell me his or her name and I will research them.

Sorry for the rant but thanks in advance for any help or advise.

[Wizard 1]

I'm not from Cali, but I wonder if there are ways to get yourself off the MediCal list? I ask because one can apply to get off the OIG list.

[rn1965, ADN]

Okay, I am new to this whole OIG list. Forgive my ignorance. If my license is re-instated, will I automatically be removed from this exclusion list? Or will I need to apply to remove my name.

I did just check and my name does appear on it. My RN license was revoked in 2003, and I am currently awaiting to find out of I will be re-issued.

Thank you to you all!

[Wizard 1]

Okay, I am new to this whole OIG list. Forgive my ignorance. If my license is re-instated, will I automatically be removed from this exclusion list? Or will I need to apply to remove my name.

I did just check and my name does appear on it. My RN license was revoked in 2003, and I am currently awaiting to find out of I will be re-issued.

Thank you to you all!

You have to apply to be removed, it isn't automatic. Go to the website and look up directions on how to get the process started. Good luck!

[rn1965, ADN]

You have to apply to be removed, it isn't automatic. Go to the website and look up directions on how to get the process started. Good luck!

Thanks! I will do that. I appreciate your help.