OIG List

[og032]

Hello all. I used to browse these forums as a student nurse is 2014-16. Remembering the wealth of information and support here is what has encouraged me to reach out now. 
 

I don't want to go into much detail so here are the basics. Registered Nurse, caught stealing/using at work, positive UDS, charged federally and sentenced to 24 months in federal prison. Never had the option for diversion program. Signed an agreed order with my board to voluntarily surrender license for period of at least 5 years after which I'm eligible for reinstatement upon payment of a 4-figure civil penalty. I've been clean and sober 3 years 6 months now, not sure if I plan on pursuing my license again or not. I received a letter in 2021 informing me I'm placed on the OIG exclusion list until 2027. The reason stated was because my crime was committed in delivery of a healthcare service.  I understand what it means and its limitations. What I'm confused about is I see several people on here saying it's possible to get off of the list, when the letter I received makes it clear there's basically no option to appeal the decision unless I'm an independent provider who provides essential services for my area. 

I'm just wondering if anyone else has an experience similar to mine, or can offer some direction. Thank you, I appreciate any input. 

[NRSKarenRN, BSN, RN]

 I've had responsibility screening for Medicare/Medicaid/state and Office of Inspector General restrictions of healthcare employees and physicians in home health agencies --unable to bill/get paid for healthcare services if on these lists or be employed in a healthcare setting.   Yes its possible to get removed from the OIG list.

One can check OIG Exclusions list  to confirm on list and exclusion date..

Exclusion Authority states

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Mandatory Exclusions

Felony conviction relating to controlled substance. Minimum Period: 5 years

Exclusions FAQs  offers program advice.

One can Apply for Reinstatement  once minimum period served and no further legal issues.  It is best to obtain legal counsel to ease process as  appeal needs to go before administrative law judge (ALJ), don't want to mess up application.

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An individual or entity with a defined period of exclusion (e.g., 5 years, 10 years, etc.) may begin the process of reinstatement 90 days before the end of the period specified in the exclusion notice letter.

The American Association of Nurse Attorneys -TAANA maintains list of nurse attorneys if you need legal advice.

Appealing an OIG Exclusion article offers further advice.

Best wishes in moving forward in your life and maintaining sobriety.