Recently, we have been hearing from many of our clients that their Application for Renewal of their license has resulted in them being issued a Notice of Intent to Deny because they are on the Office of the Inspector General (OIG)’s list of excluded individuals and entities. Some clients, whom many have been licensed in their respective healthcare field for many years, are perplexed as to what exactly is the Inspector General’s List of Excluded Individuals and Entities.
OIG has the authority to exclude individuals and entities from Federally funded health care programs pursuant to sections 1128 and 1156 of the Social Security Act and maintains a list of all currently excluded individuals and entities called the List of Excluded Individuals and Entities (LEIE). Anyone who hires an individual or entity on the LEIE may be subject to civil monetary penalties (CMP).
Section 456.0634(3)(e), Florida Statues:
(3) The department shall refuse to renew a license, certificate, or registration of any applicant if the applicant or any principal, officer, agent, managing employee, or affiliated person of the applicant:
(e) Is currently listed on the United States Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals and Entities.
This section of the Florida Law requires the Florida Department of Health to deny your renewal application, without any wiggle room. The only way to get to get your license renewal is to be removed from the OIG’s List.
How did you land on the OIG List?
There are a number of ways a person can end up on the OIG's exclusion. We are seeing a lot of clients being placed on the list from prior Florida Department of Health disciplinary cases, some instances when the cases have long been resolved with the Florida Department of Health. Other ways people land list range from student loan defaults (if you are a licensed Physician) to misdemeanor criminal convictions, healthcare fraud, and even if you are convicted of a crime not related to healthcare.
How can I get off the list?
Many clients find out the hard way that once you have been placed on the OIG List, you are not automatically removed from the list. Once you become eligible, you are required to apply to be removed from the list. However, OIG’s office, that process may take up to 4 or even 5 months, possibly resulting in you losing your healthcare license and possibly your job. Therefore, do not go at it alone! Let us help you with this process.
If you were placed on the OIG’s list from a prior Florida Department of Health Disciplinary case or a case from another regulatory agency, that regulatory agency, including the Florida Department of Health does not automatically inform the OIG of your compliance and completion of your discipline. The Florida Department of Health will deny your license even with knowledge of your compliance. Remember you only have 21 days to respond to the Notice in Intent to Deny, do not let your license be denied.
If you are a licensed health care professional in Florida and have received a Notice of Intent to Deny, due to being on the Office of the Inspector General’s office (OIG), do not go at it alone. Your license is too important. To set up a FREE no obligation consultation with Jeff Howell, contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776. We represent licensed health care professionals and facilities statewide, including out of state clients who are concerned about the status of their Florida license