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Patient leaving agency I work for, wants me to IC for them help!

Okay, I am an LPN for an agency, and the patient I have been caring for through them wants to leave agency due to, the agency not replacing other nurses when they call off, and not using all of her allotted hours that she is entitled to through Medicaid and NY state. She is at risk for losing her hours, because the agency has no one to cover when there are call outs. She found out I was a Medicaid provider nurse through the DOH website, and now wants to leave agency and wants me to care for her independently. There was a clause when she signed up with them, stating she would be charged $10,000 if she were to basically steal me from them, but she doesn't think they will find out. I however did not sign any disclosures. I have grown fond of patient, but I don't know what to do here. Is anyone familiar with Ny state Medicaid & DOH and if this is even a conflict of interest? Is there a certain length of time you have to wait in order to work with patient again? Please and thank you.

Edited by vivarantthang

JustBeachyNurse, RN

Specializes in Complex pediatrics turned LTC/subacute geriatrics. Has 10 years experience.

The agency will likely find out and you may face repercussions also (check your hiring paperwork there is almost always a clause against this and you have a 6-12month waiting period between leaving the agency and working with the client directly or via another agency). Nursing is a small world. Medically complex pediatrics is an even smaller world. It's highly likely someone will let the agency know, whether unintentional or on purpose.

It's a conflict of interest as you were introduced to the client via the agency. Whether your professionalism, morals and ethics wants to honor this would be up to you. Usually the "waiting period" is 6 months after the last working shift with the agency. If you pursue the IC relationship you may end your relationship with the agency.


Specializes in Education, FP, LNC, Forensics, ED, OB. Has 30 years experience.

Thread moved to Agency Nurses forum.

Been there,done that, ASN, RN

Has 33 years experience.

Your patient KNOWS she could be liable for 10 grand. You most likely have signed an agreement agreeing you will not work directly for a patient. Most contracts want six months before you are free to care for a former patient.

Imagine going to work every time, and wondering if this is day you will be caught?

I think you know what to do here.

I'm going through the same thing but the patient wants to move to another agency. They called me but I turned it down. They keep calling me with better offers and saying that only get in trouble for taking him on private duty Medicaid. Can you provide some insight?


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