Registered nurses work very hard to obtain their licenses in New York. If a nurse is threatened with revocation of their RN license, the consequences can be disastrous. Anyone who has reason to believe that their license to practice is or may be under investigation should take every possible step to guard against that result.
The exclusion list
The office of the Inspector General of the Department of Health and Human Services maintains a publicly available and searchable list of all individuals and entities that have been excluded from participating in all federally funded healthcare programs, such as Medicare and Medicaid. This list is formally known as the List of Excluded Individuals and Entities.
A person or entity can be placed on this “do not hire” list for a variety of reasons, but more than 40% percent of all persons on the list are there because their licenses have been sanctioned or revoked.
What to do after receiving a notice of investigation
Anyone whose conduct is under investigation is entitled to receive notice of the investigation. This notice should never be ignored in the hope that the inquiry will magically disappear. Anyone who receives such a notice must take immediate action to protect the right to practice.
The New York Nurses’ Association recommends that among the first steps in self-defense is hiring an attorney with experience in professional licensing matters. Do not communicate in any way – written or oral – to any investigator until you have talked with an attorney about your case.
A person being investigated should not voluntarily relinquish or accept any limitation on a nursing licensing until after talking to an attorney.
A nurse who believes that the charges are unsubstantiated should file a notice contesting the charges and requesting a formal hearing. After taking this step, the licensee’s personal attorney should be consulted before taking any further steps.
The attorney will offer advice and assistance on defending the case during a hearing or any appeal. One of the most important tasks is collecting evidence that disproves or contradicts the charges. Collecting evidence involves gathering relevant documents and preparing a list of individuals who can be expected to provide favorable testimony.
The Nurses Association also recommends an important bit of early protection: the purchase of a policy of personal malpractice insurance policy that pays the cost of defending any action, whether in court or before an administrative or professional body.