Will an Arizona Nurse Be Placed on The OIG List After a Voluntary Surrender?
Nurses contact our office and frequently ask our attorneys if an Arizona nurse will be placed on the Office of Inspector General (OIG) list if they voluntarily surrender.
Unfortunately, the answer is maybe.
Several things can lead to the inclusion on the Office of Inspector General’s List of Excluded Individuals/Entities (LEIE), including:
- Crimes
- Revocation
- Voluntary Surrender
- Suspension
Links of Interest:
- How a Practice Restriction Could Cost an Arizona Nurse Practitioner Their DEA Registration
- Will Having an Attorney Make You Look Guilty to The Arizona Nursing Board?
LEIE Inclusion is a Hit-and-Miss
However, we have found that it is hit-and-miss when it comes to LEIE inclusion.
The LEIE provides information to the healthcare industry, patients, and the public regarding individuals and entities currently excluded from participating in Medicare, Medicaid, and all other Federal healthcare programs and those charged with fraud-related crimes.
This LEIE also includes a listing under everyone, which contains his offense code(s), the date he was barred from participating in federal healthcare programs, exclusion reason(s), and program areas affected by these exclusions.
What is a Voluntary Surrender?
A voluntary surrender will place a permanent mark on a nurse’s record. Thus, a nurse must make sure they are making an informed decision.
Voluntary surrender is when a licensee voluntarily surrenders a professional license or voluntarily agrees not to renew one’s license, usually to resolve an outstanding complaint instead of going through the investigatory process that could lead to discipline, suspension, or revocation.
Voluntary surrender is considered formal discipline. Any formal disciplinary action from the Arizona Nursing Board is reported to NURSYS and the National Practitioner Database.
Nursing Administrative Appeal and Hearing
Any professional nurse licensee may request a legal appeal of an Arizona State Board f Nursing disciplinary action to an administrative law judge with the Arizona Office of Administrative Hearings (OAH), located in Phoenix. In some instances, a case is sent automatically to OAH. The OAH conducts the hearing before an Administrative Law Judge (ALJ).
The administrative process is not as formal as a trial but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument, which should explain why the judge should rule one way or the other. A nurse’s lawyer can cross-examine witnesses and testify on his or their behalf.
After completing it, the ALJ reviews the transcripts and evidence and makes a recommendation. However, the Board decides to accept, reject or modify the ALJ’s decision. If an individual feels there has been a mistake, they can request a rehearing.
Protect Your Career from OIG Listing with Legal Guidance
For direct legal help, contact us today or see our Nursing License Defense Attorney page.