A relative of mine, about 10 years ago, had a home health care agency. Here in Florida Medicaid fraud is a huge issue. Unfortunately she was caught up in it and was arrested and served time in federal and state prision. She is currently out on probation and is in her final year of a 10 year probation sentance. Her license of course was revoked. She has not had a single violation in her probation and she has been paying the money back on time without ever being late.
She still owes alot of money and she has no problem paying it back but she went from a profession that makes $25-30/hr to working at 7-11 making minimum wage. My question is, what are the chances of her getting her license back if ,after her probation is complete ,she goes to the Board of Nursing and sees if it can be re-instated.
She is not a violent person nor did any patient die under her care, all it was is money related.
Thanks for you answers and your time.
Jun 3, '09
Questions we seem to be encountering more and more often have to do with the effects of a criminal history on nursing licensure:
Is it possible to become licensed as a nurse if you have a criminal history?
Is it possible to become licensed as a nurse if you have a MIP, DUI, or other related charges?
What happens if you are charged or convicted of a crime after licensure?
Can I go to nursing school and/or be licensed if my record has been sealed or expunged?
Will I be able to go to nursing school with a criminal record?
What can happen if I receive a MIP/DUI/DWI or other charge while still in school?
These are questions that the members of allnurses.com cannot answer. The only reliable source of information is your State Board of Nursing. Each case is dealt with on an individual case and can not be predicted
Jun 3, '09
Each state has its own standards and regulations, so the best thing your relative can do is contact the Florida Board of Nursing to ask what, if anything, will get her reinstated. Even within a single state, there can be many situations that aren't covered by blanket policies. These must be handled on a case-by-case basis.
We here at allnurses.com cannot offer the kind of information you seek, as we do not keep track of each state's regulations and do not know how they handle their decision-making. The only way for you to receive accurate information is to contact the Florida BON.
Best wishes for your relative.
Thread is now closed.
Jun 4, '09
no experience re license reinstatement for this type of criminal conviction. even if granted, bigger problem is that no one care hire them if name is on federal sanction list.
search oig list of providers excluded from participation
exclusion from federal health care programs
the effect of an oig exclusion from federal health care programs is that no federal health care program payment may be made for any items or services (1) furnished by an excluded individual or entity, or (2) directed or prescribed by an excluded physician (42 cfr 1001.1901). this payment ban applies to all methods of federal program reimbursement, whether payment results from itemized claims, cost reports, fee schedules or a prospective payment system (pps). any items and services furnished by an excluded individual or entity are not reimbursable under federal health care programs. in addition, any items and services furnished at the medical direction or prescription of an excluded physician are not reimbursable when the individual or entity furnishing the services either knows or should know of the exclusion. this prohibition applies even when the federal payment itself is made to another provider, practitioner or supplier that is not excluded.
the prohibition against federal program payment for items or services furnished by excluded individuals or entities also extends to payment for administrative and management services not directly related to patient care, but that are a necessary component of providing items and services to federal program beneficiaries. this prohibition continues to apply to an individual even if he or she changes from one health care profession to another while excluded.3 in addition, no federal program payment may be made to cover an excluded individual's salary, expenses or fringe benefits, regardless of whether they provide direct patient care.
set forth below is a listing of some of the types of items or services that are reimbursed by federal health care programs which, when provided by excluded parties, violate an oig exclusion. these examples also demonstrate the kinds of items and services that excluded parties may be furnishing which will subject their employer or contractor to possible cmp liability.
in many instances, the practical effect of an oig exclusion is to preclude employment of an excluded individual in any capacity by a health care provider that receives reimbursement, indirectly or directly, from any federal health care program. ( especially facilities that accept payment from medicare medicaid --just about every us hospital and home care agency.)
- services performed by excluded nurses, technicians or other excluded individuals who work for a hospital, nursing home, home health agency or physician practice, where such services are related to administrative duties, preparation of surgical trays or review of treatment plans if such services are reimbursed directly or indirectly (such as through a pps or a bundled payment) by a federal health care program, even if the individuals do not furnish direct care to federal program beneficiaries;
- services performed by excluded pharmacists or other excluded individuals who input prescription information for pharmacy billing or who are involved in any way in filling prescriptions for drugs reimbursed, directly or indirectly, by any federal health care program;
- services performed by excluded ambulance drivers, dispatchers and other employees involved in providing transportation reimbursed by a federal health care program, to hospital patients or nursing home residents;
- services performed for program beneficiaries by excluded individuals who sell, deliver or refill orders for medical devices or equipment being reimbursed by a federal health care program;
- services performed by excluded social workers who are employed by health care entities to provide services to federal program beneficiaries, and whose services are reimbursed, directly or indirectly, by a federal health care program;
- administrative services, including the processing of claims for payment, performed for a medicare intermediary or carrier, or a medicaid fiscal agent, by an excluded individual;
- services performed by an excluded administrator, billing agent, accountant, claims processor or utilization reviewer that are related to and reimbursed, directly or indirectly, by a federal health care program;
- items or services provided to a program beneficiary by an excluded individual who works for an entity that has a contractual agreement with, and is paid by, a federal health care program; and
- items or equipment sold by an excluded manufacturer or supplier, used in the care or treatment of beneficiaries and reimbursed, directly or indirectly, by a federal health care program. ...
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