OIG list

SheelaDavis · May 19

Your license is revoked by the BON and you have an active license in another state right now via endorsement...............for the moment you do. That OIG list effects the other license in the other state and the Florida revocation will likely trigger revocation by the other state. If I were you, I would do 1 of 2 things......

1. If you truly want to stay in the healthcare field, seek an attorney for guidance. For starters, the chances of getting off of the OIG list are approaching ZERO percent until you get your Florida License Back and it shows no longer in revoked status. Even then, you have a tall hill to climb.

2. If I had any question about whether or not I wanted to remain in Healthcare and a part of me was considering not staying in Healthcare, then I would immediately choose another career path.

There are very few things in life regarding careers that are not-recoverable. The OIG list is something we can recover from, but I have to tell you, it's closer to not-recoverable as it relates to a Healthcare Career, unless you are willing to wait 7 years and 7 years is a long time. Me personally, in my opinion, just based on what you wrote in your statement, I would actually choose another career outside of the Healthcare Field.

Itotias · May 19

Thank you so much for your prompt response. What are the chances of getting the Florida license reinstated? Do you know of any lawyer who could assist?

SheelaDavis · May 20

Itotias said:

Thank you so much for your prompt response. What are the chances of getting the Florida license reinstated? Do you know of any lawyer who could assist?

I have no idea what the chances of reinstatement are. I would imagine an attorney would be of use for something like that. It's one thing to have a revoked license due to substance abuse. These can be reinstated without too much difficulty IF.....IF the nurse can prove sobriety such as through a monitoring program, rehab, etc, and they generally have a year or two or three of sobriety before applying to reinstatement from a revoked status. As it relates to "Florida License Fraud" or whatever that is, it sounds way more complex than substance abuse, which is why an attorney is the first place to start.

If Florida found your actions or behavior egregious enough to Revoke your license, what can you do to correct or modify what the Florida BON sees as egregious? How have you changed, etc? It's easy to prove a change in the case of substance abuse simply by being in a monitoring program for a year and having an addiction provider write a letter and in these cases, the BON sees how you have changed or rectified your actions by maintaining sobriety and being in recovery, but in the case of "Florida License Fraud," that sounds to me (just my opinion only) that there is little to nothing you can do to prove a change in behavior or to rectify that with future actions. Start by reading your order of revocation. Read it. Does it say you can apply in the future for reinstatement? Does it say you can apply in the future after a minimum of 2 years or 5 years or 7 years or does it not say anything about that, etc.?

The only thing I can think of is.....Start by having an attorney look at it, and specifically, a Nurse-Attorney in the state of Florida which is easy to Google and you can find many of them within 10 seconds of a search. I don't have the details of your situation, but your wrote Florida License Fraud. If your license was revoked based on that, I'm going to be honest with you, in my opinion only, if it were me, I truly would be looking at another career because that sounds like something that you simply aren't going to get off of the OIG list for until the minimum time recommended by the OIG runs its course. I'm guessing you got 7 or 10 years on the OIG exclusion list. It just sounds to me (on the surface) like you aren't getting off of that list.

Read your Revocation Order. You need to determine (as does an attorney if you go that route) what is required, what is possible, what do you have to do for the BON that allows you to apply to re-instate your license from a revoked status. Generally, a revoked license means 5 years before you can even apply for re-instatement but not always. If it doesn't state specifically on your order of revocation when you can possible apply for reinstatement and/or what you need to do (what do you have to prove to the BON) then you can call or write them. Literally ask them in a letter....."How long is my license revoked",........how soon can I apply for reinstatement." "What do I need to do between now and then to help my chances of getting reinstated when the time comes for me to apply"? You need those 2 questions answered first and you could get those questions answered yourself without a lawyer. A lawyer could get those answers, but you could do that by an email or letter or possibly a phone call. Attorney's are helpful and the way to go I think......in your situation.....if you are 100% certain on Healthcare, but some of the leg work can be done by you which could save you money......for example.....that email or letter to the BON asking those questions I mentioned above can be done by You and if you have a lawyer do it, you just got billed for about 500 bucks. An example medically.....you get a cut on your knee and it hurts and its red. Do you really need to go to the ER to have a Doctor write your a prescription for Neosporin when you know you can simply apply Neosporin purchased from the Family Dollar for 3 bucks and you just saved yourself a 300 dollar ER visit? Same thing in your situation. But, when that knee wound becomes very, very red and it's a large area around your knee, that's when it's time to see a physician. Same thing for a Lawyer in your situation. As it relates to the legal specific details of exactly how to get your license back and getting off the OIG list, that needs left to the experts (lawyers). But....some of the basic grunt work (placing Neosporin on the knee for a cut or simply writing a letter or email and communicating with the BON) can be easily done by You.

Hope this helps, all the best, and as always, in a case as complex (at least it sounds that way to me) attorney's are the way to go and they can give you legal answers.

Itotias · May 20

Thank you so much for your continued response. Please, would you recommend I stop working in the state where my license is still active because I have received the letter from OIG stating I shouldn't be working? The OIG list adversely affects my consumer report, making it difficult for me to secure alternative employment. What strategies have others used to secure employment elsewhere? Who has a phone to OIG I have tried this number 202-691-2311 or 1-800-447-8477, but no one picks up.

PaddedCellLPN, LPN · May 20

1) This is for clarity, not being a jerk... is this where the private schools were paid for false transcripts to allow someone to sit for NCLEX? Not accusing you, just for clarity.

2) The OIG said to stop working, then stop. The feds supersed state governments, from my understanding. An attorney will be better to answer that question, but I would stop working.

3) This is way different than a nurse with a SUD, so this forum won't be much help. You need to read your revocation letter, and do what it says.

4) Like above, if you're on the OIG list, you're other license is going to be pulled soon. You need to let that BON know ASAP.

SheelaDavis · May 20

Itotias said:

Thank you so much for your continued response. Please, would you recommend I stop working in the state where my license is still active because I have received the letter from OIG stating I shouldn't be working? The OIG list adversely affects my consumer report, making it difficult for me to secure alternative employment. What strategies have others used to secure employment elsewhere? Who has a phone to OIG I have tried this number 202-691-2311 or 1-800-447-8477, but no one picks up.

In my opinion, if I am in your situation, I absolutely WOULD STOP immediately. The OIG list is a Federal List. The OIG list SUPERCEDES a state license and any state licenses that are lingering. Let me give you an example of how dangerous it is to continue working while you absolutely know and are aware you are on the OIG list.

1. You have knowledge already, have received a letter than you are on the OIG and you continue working in a facility that has something to do with Medicare (which is 99.9% of healthcare facilities.) The place you work at has a human resources person literally that has the job task of scrubbing the OIG list every month to every 3 months at the most. So, they run a database check from the Federal Government's OIG list and see if any of their employees are on it. They see your name (and trust me, they WILL see/find your name within 90 days, it's a given).

2. You get fired on the spot. But that's the easy part. The facility asks you if you had any knowledge of being on the OIG list. If you lie, that's a criminal offense. If you tell the truth and say, "yes, I did receive a letter, but I only thought it applied to Florida where I had my license revoked." What happens next?

3. The facility can be fined up to 100,000 dollars for having an employee who they had working who was on the OIG list. You personally, can be fined up to 50,000 dollars because you worked while on the list. But there's more, because you KNEW that you were on the list and continued to work, your employer can now file a civil suit against you to reclaim the money they had to pay the government in fines. So, you just not only got fired, but now have up to a potential 150,000 dollar debt to pay (with interest by the way.)

4. See how the above can spiral out of control. The OIG list DOES NOT CARE if you are licensed in 50 states, or 1 state, or 2 states, or licensed in 25 states and have licenses revoked in the 25 other states. The OIG list is..........the Federal Government's Baby. If they say stop working.....it means.......stop working in ALL 50 states regardless of whether your have an active license within that state. And trust me, since you are on the OIG list and your license was revoked in Florida, you will not have an active license for long in any other state. They will absolutely catch up and take action based on Florida and the OIG list.

OIG List Effects on LIFE.....forget about nursing......Effects on LIFE. For any nurse reading this, a Surrendered License is the EXACT same thing according to the OIG as a revoked license. Surrender you license and you go on the OIG list. What does that mean. Lets say you have 9 states you are licensed in. In 8 of those, you have no issues and the license is active. But, you got into trouble in 1 of those 9 states and you surrender your license in that state. You WILL go on the OIG list and as soon as you are on that list, it makes ZERO difference if your license is still active in the other 8 states. You can't work in any of them. When you surrender a license, you are essentially done with Healthcare as a career 95 out of 100 times. It's too much to overcover, unless you want to play the 7 to 10 stress filled back and forth and waiting game.

When you are on the OIG list, your consumer report is effected. This means......it's hard and sometimes not possible to get a CDL license to drive a truck, or a real estate license to become a real estate agent, or a bartender license to open a bar, or a teacher's certification to become a teacher while on this list. See my point? Even a career change is overwhelmingly difficult. DO NOT EVER surrender your license. EVER, unless you are a multi-millionaire and don't need to work again, or you are 100% for sure you can get disability and can live off of it. OIG list literally effects your LIFE, not just your nursing career.

Invincible summer · May 20

Hello! I am so sorry you are going through this. You will need to get an attorney. A good friend of mine was placed on the OIG list for continuing to work as a nurse after he was refrained by his monitoring program. It took awhile but he was removed from the list and is now working again as a nurse and doing great. He did have to rejoin the monitoring program and demonstrate sobriety.

Home Health Columnist / Guide · May 21

Read up on the U.S. Dept. of Health and Human Services Office of Inspector General (OIG) regarding fraud convictions and Medicare/Medicare exclusion program list.

Quote

This webpage provides information about OIG's exclusion authority and activities. OIG has the authority to exclude individuals and entities from Federally funded health care programs for a variety of reasons, including a conviction for Medicare or Medicaid fraud. Those that are excluded can receive no payment from Federal health care programs for any items or services they furnish, order, or prescribe

OIG maintains a list of all currently excluded individuals and entities called the List of Excluded Individuals/Entities (LEIE). Anyone who hires an individual or entity on the LEIE may be subject to civil monetary penalties (CMP). To avoid CMP liability, health care entities should routinely check the list to ensure that new hires and current employees are not on it.

Working as a nurse in a Medicare/Medicaid certified hospital/facility, OIG "furnishing" exclusion applies to you as you are providing = FURNISHING NURSING SERVICES that facility is billing for under room and board fee. You must report this letter to your nursing/HR department immediately to avoid financial penalty to you. Expect that other state will revoke your active license due to fraudulent education + OIG exclusion.

Since you state are a "victim of the Florida fraud license" Operation Nightingale Fraudulent Nursing Diploma Scheme Leads to Federal Convictions, seeking legal counsel in your best interest in what your options are. The American Association of Nurse Attorneys may be of assistance to you.

OIG Reinstatement states

Quote

An individual or entity excluded under section 1128(b)(4) of the Social Security Act, whose period of exclusion is indefinite, may apply for reinstatement when they have regained the license referenced in the exclusion notice.

You will need to complete a legitimate nursing program in order to obtain a nursing license to meet this requirement to get off the OIG list. This is NOT insurmountable, just a few years to resolve. Hope this info helpful to you in charting a way forward.

SheelaDavis · May 21

NRSKarenRN said:

Read up on the U.S. Dept. of Health and Human Services Office of Inspector General (OIG) regarding fraud convictions and Medicare/Medicare exclusion program list.

Working as a nurse in a Medicare/Medicaid certified hospital/facility, OIG "furnishing" exclusion applies to you as you are providing = FURNISHING NURSING SERVICES that facility is billing for under room and board fee. You must report this letter to your nursing/HR department immediately to avoid financial penalty to you. Expect that other state will revoke your active license due to fraudulent education + OIG exclusion.

Since you state are a "victim of the Florida fraud license" Operation Nightingale Fraudulent Nursing Diploma Scheme Leads to Federal Convictions, seeking legal counsel in your best interest in what your options are. The American Association of Nurse Attorneys may be of assistance to you.

OIG Reinstatement states

You will need to complete a legitimate nursing program in order to obtain a nursing license to meet this requirement to get off the OIG list. This is NOT insurmountable, just a few years to resolve. Hope this info helpful to you in charting a way forward.

I hinted this in the first post. But, lets be clear on "a few years to resolve." Not exactly...... For sure, the person has to have a valid and legit state nursing license to be removed from the OIG list, but that is step one. When you are placed on the OIG list due to something non-drug related like fraud, etc, getting back your nursing license, or in this case, getting a new and real degree and then a valid license is NOT automatic regarding getting off the OIG list's minimum time. Additionally, you have to find a school that will accept you based on your past. Additionally, you have to explain to the BON when you graduate school and before you take the exam to allow you to become and RN. Insurmountable? No, but like I wrote in the first post, it ain't a 2 or 3 year process. Think more like 5 at the very least, and again, could be 7 to 10. Very, very difficult to get off of the OIG list earlier than the recommended timeframe, if you are put on the list due to fraud. If you are placed on the list due to drugs, it's very, very easy to get off of. If placed on list due to license suspension, very easy to get off of after you get your license back. Totally different ballgame in the case of fraud.