oig narcotics restrictions on reinstated license HELP!

[robigayle]

OMG! I just had my license reinstated in tennessee after 7 years. I jumped through all the hoops and paid over 2500.00 dollars in fines and fees and Lord knows what else after 7 years of not nursing because I thought I wasn't worthy after having my license revoked because of a narcotics addiction. I was so happy and thrilled to be a nurse again and as scary as it was to interview for a job and to open my interview with my shameful history, I was hired by the first long term care facility I applied for as a treatment nurse. 5 months later (this week) I was contacted by a hospital that I have always wanted to work at to interview for 2 jobs 1 in cardiac and 1 in post op surgery and even after telling them of my history, which they would have known anyway after running my license, they still wanted to hire me. Then today I get a call from them stating that even though my license has been reinstated, it says I have "exclusionary actions" which amounts to according to them that I have a restriction on my license forbidding me to pass narcotic medications and therefore they can't consider hiring me. I am heart broken because I had no idea I had any restrictions on my license. The board of nursing NEVER told me there would be restrictions and when I click the exclusionary actions tab, all I've read is a bunch of mumbo jumbo about reimbursement of medicare and medicaid, but no word about not being allowed to administer narcotics, no mention about restrictions nor how long and I can't find any information about it on the board of nursing website. Long story even longer...lol...is this normal? will this restriction ever be lifted? Had I known when I was applying for reinstatment that my opportunities would be limited due to these restrictions, I probably would have reconsidered just due to having to drain my savings account to pay for reinstatment and knowing that it would be even more difficult to find a job because of the restrictions. This issue never came up with my current employer and this whole issue is such a surprise. I have kept all my documentation from my reinstatment procedures and there is nothing in there about restrictions. What am I to do? I knew my addiction and illegal obtaining of narcotics would always be on my record with the board and that was hard enough to deal with considering my legal record was expunged, but now I can only practice in a non med passing position? There are not many nursing positions that don't require some kind of med passing so that really limits me. I love nursing and the person I was 7 years ago for a 3 month period is not the person I am today and yet I will always be punished for it? Is this correct? Has anyone else had this experience? Did the board just expect me to know there were restrictions? I have contacted the BON with no reply yet. Shouldn't the board make your restrictions if any known at the time of reinstatment? Am I the only one to find this a little nuts? So sorry for the mini-novel....I am just so upset and shocked. Any help would be appreciated.

Robi, LPN (limited Practical Nurse)

[Medic/Nurse, BSN, RN]

Congrats on kicking the narc problem and moving through recovery. Tough to do - stay the course.

You need legal advice. Pronto. Confused as to why this is a surprise - any chance that this is a mistake?

Only you know if there is a chance of complete mistake - if there is - right is on your side. If there is a problem - you still have to deal with it. Knowledge is power. These matters are incredibly complicated. Without knowing more specific info - it appears that you have a really BIG problem. This is not a casual issue and I had an acquaintance that was "restricted" and her career in nursing, billing (anything CMS) is over. She, too, had a drug issue and is now a very sober and successful bakery owner. So, life can go on and go well. Just hoping that you get and stay well. No amount of appeal or wrangling mattered. Not trying to be discouraging - just you have a real big problem.

Bad things happen to good people. Drugs are equal opportunity when it comes to wrecking lives, careers.

I have no idea about the narcotic issue and the limitations after treatment - but, a medicare/medicaid exclusion to practice will, in essence, end your career. As I understand this incredibly complicated issue - IF you have been found to have committed any type of money fraud (intentional or not) with the care provided to a patient and the billing of the same patient's claims being paid by CMS - you can be excluded from practice for a lifetime. Almost all apps ask if you are eligible to work in CMS funded facilities and they crosscheck a federal data base. In short - no facility that gets money from CMS will be able to hire you or they will will be in violation of the CMS rules and subject to being excluded from CMS programs.

Potentially a big problem.

Call a lawyer. Now.

I wish you the best of luck and pray for your strength and success. PM me if I can help further.

:angel:

[Dalzac, LPN, LVN, RN]

Does your BON have any kind of Peer reviews and/or program? If they do I would recommend you get in contact with them to see what you can do.

[robigayle]

then how could the current fsacility I work at have hired me? They saw the same license verification and reinstatement issue that the hospital saw and they hired me, although I am a treatment nurse and do not have anything to do with med passing in my position. The potential employer said it was restricted to passing narcotics, he never mentioned medicare or medicaid billing, that was just what I saw on the BON site when I searched what "exclusionary actions" meant. It seems it would be the responsibility of the BON to inform you of any restrictions when reinstating your license. Medicare and medicaid issues were NEVER mentioned during the long process of my reinstatement nor restrictions. What I received from the BON during this process was empathy, sympathy and much support and encouragement to seek reinstatement, so I am very confused about all this and I am devestated. It was just so hard to even attempt to get my license back due to the feelings of not being worthy, the shame and humiliation, not to mention the cost, that if this isn't a mistake or clerical error and I am doomed to only being able to work low scale non growth positions like I am now, I just don't know what I'll do.

[robigayle]

The BON never even suggested peer assistance. They seemed to think that 7 years of sobriety, 2 years of probation, maintaining employment elsewhere with no issues and never a failed drug test was enough

[NRSKarenRN, BSN, RN]

dept hhs,office of inspector general (oig)

exclusions program

the oig, under this congressional mandate, established a program to exclude individuals and entities affected by these various legal authorities, contained in sections 1128 and 1156 of the social security act , and maintains a list of all currently excluded parties called the list of excluded individuals/entities.

bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans. ( criminal convictions for drug diversion, drug sale or distribution,, health care fraudulent billing included. karen )

• no program payment will be made for anything that an excluded person furnishes, orders, or prescribes. this payment prohibition applies to the excluded person, anyone who employs or contracts with the excluded person, any hospital or other provider where the excluded person provides services.
  

• no program payment will be made for anything that an excluded person furnishes, orders, or prescribes. this payment prohibition applies to the excluded person, anyone who employs or contracts with the excluded person, any hospital or other provider where the excluded person provides services, and anyone else. the exclusion applies regardless of who submits the claims and applies to all administrative and management services furnished by the excluded person.
  

one can search the list of excluded individuals/entities search to determine why placed on list and end date if exclusion

all employers are required to perform sanction clearance prior to hiring employee =nd yearly thereafter. in home care, i'm respnsible to have staff screen yearly all doctors in our database--6000+.

best wishes in moving forward and hope your due to come off the list soon so you can land a hospital position!

[CASTLEGATES]

get back on the medicare/medicaid provider list foremost. Next, call your BON diversion/rehab program and ask them.

It's common and they will need you to be clean for about 5 years with documentation. You may want to volunteer since it seems you haven't done a rehab stint with the BON yet (most states have these, some still don't though).

Don't focus on your last job...be nice, thank them, tell them you understand and agree with their decision and seek a job not passing narcs and get off the banned provider list asap. You should have gotten a letter and on that letter they explain how to appeal. Some employers will help you with this.

The employer that refused you has a right to since you can't perform all duties and they didn't know till you did.

[smv73]

I'm kinda late getting in on this, but I'm curious to know what happened in the end with exclusion status. I am researching right now about getting my license reinstated thru my BON and getting off the OIG exclusion list. What is curious to me is whether you were simply on the exclusions list or whether there was actually some kind of special narc restriction imposed by the OIG. In my research, I have found nothing about the OIG having authority to impose those kinds of sanctions.....only to put you on the exclusion list in general and prevent your re-employment with a healthcare agency. Maybe I'm reading your post incorrectly, but it sure seems like that is what you are saying has happened.

What I do know (and you've probably figured out by now) is that you MUST apply for re-instatement to the OIG to get off that list......it does NOT happen automatically once your license is re-instated.