medicaid disqualified provider and background check

koki · Mar 8, 2012

Hi,

I made a medical error a few years ago, no harm was done to the patient, it was unintentional, and I accepted full responsibility. Anyway, two years later I receive a letter from Medicaid stating that I am on the Medicaid Disqualified Providers List. I appealed the decision, and my name was taken off the list and I am now qualified to take care of patients who are covered by Medicaid.

Recently I was offered a job pending a successful background check. The background check came back and my name was on the Medicaid disqualified providers list. I contacted the Medicaid Inspector General's Office in NY. I was assured on 3 separate occasions that my name is NOT on the list and that I am fully qualified to take care of Medicaid patients. The people at OMIG's informed me that the company which was being used to perform the background check was using old information.

I contacted this company that rescinded the employment offer, inquiring about the company they use to provide back ground checks. They have not responded to me, so I have no idea what the name of this company is that is distributing this erroneous information about me.

Anyone else experience a similar issue?

I came across the Fair Credit Reporting Act, which states that companies who deny employment based on background checks must furnish the applicant with the name of the company performing the background check- it's a federal law. However, I contacted the NY Attorney General's Office and was told that the state has no such law, and, as such, the company that rescinded the employment has no responsibility to furnish the name of the company which performed the background check.

I am at a loss as to how to clear my name. Can anyone provide any advise?

I am leaving nursing - finishing school in about a year from now - solely because of this one incident and the hell it brought with it. I have witness numerous medical errors while working, all of which were more serious than mine. I've witnessed medical errors where the patient ended up in respiratory distress (multiple times), + HIT due to setting the rate wrong on heparin drip, etc., yet nothing has happened to these RN. Thoroughly disgusted with the hypocrisy and double standards present in nursing.

Please help. Thank you.