A voluntary relinquishment of the license after notice of an investigation or while a charge is pending is treated the same as a disciplinary revocation of the license.  In some cases, this scenario is worse for the provider if the agreement to voluntarily relinquish also includes an agreement to never apply for another license again. Most people don’t realize what else can happen as a result of  discipline, revocation or even voluntary relinquishment (under these circumstances).

Reports to Other National Organizations on Provider Discipline.

It’s important to know that the discipline (including voluntary relinquishment) will now be public record.  It will also be reported out to national reporting agencies, including the National Practitioner Data Bank (NPDB).

As a result, the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) will most likely start action to exclude the disciplined provider from the Medicare Program. This means he or she will also be placed on the OIG‘s List of Excluded Individual’s and Entities (LEIE).  This will bar a provider from the Medicare Program or working for or contracting with anyone else who does (including insurer’s medical clinics and most health care providers).  This by itself will also have many negative consequences.

For example, if you are excluded from the Medicare Program you are automatically placed on the U.S. General Services Administration (GSA) “debarred” list.  You are automatically excluded from working for or contracting with, in any capacity, any organization, individual or agency that has any government contracts or accepts any federal funding.  This act can bar you from working for a public school, working as a real estate agent, or many other jobs.

Consequences of Revocation or Other Discipline on Your License.

To summarize, the most serious adverse problems that may be caused as a result of discipline on your license may include the following:

1.  May cause discipline to be commenced against any other health professional license you have, such as a nurse, acupuncture physician, chiropractic assistant, nurse’s aide, home health assistant, etc.

2.  Will prevent you from obtaining any health professional license in the future.

3.  May cause discipline to be commenced against any massage therapy establishment license for a massage therapy establishment you own in whole or in part.

4.  Any other states or jurisdictions in which you have a license will also initiate action against him or her in that jurisdiction.

5.  Mandatory report to the National Practitioner Data Base (NPDB), which remains there for 50 years.

6.  The OIG will take action to exclude the provider from the Medicare Program.  If this occurs, (and most of these offenses require mandatory exclusion) the provider will be placed on the List of Excluded Individuals and Entities (LEIE) maintained by the OIG HHS.

7.  If the above occurs, the provider is also automatically “debarred” or prohibited from participating in any capacity in any federal contracting and is placed on the U.S. General Services Administration’s (GSA’s) debarment list.

8.  Third-party payors (health insurance companies, HMOs, etc.) will terminate the professional’s contract or panel membership with that organization.

9.  Regardless of any of the above, any facility licensed by AHCA (hospitals, skilled nursing facilities (SNFs), public health clinics, group homes for the developmentally disabled, etc.) that are required to perform background screenings on their employees will result in AHCA notifying the facility and the professional that he or she is disqualified from employment.

What Can be Done and How Our Firm Can Help.

If you have submitted a voluntary license relinquishment without understanding the consequences and the Board of Medicine has not acted to accept it, you may withdraw it.  Our firm will submit a letter to the Executive Director of the Board stating it was submitted by mistake without fully understanding the consequences, and the provider desires to withdraw the voluntary relinquishment.  We submit this immediately (keeping a copy, of course) and by certified mail, return receipt requested, so we have proof of sending and proof of receipt.

However, you must also ask for a formal hearing to dispute the facts in your case, as well.  We usually do this at the same time and by the same method.  If you fail to request a formal hearing, then you are waiving your rights to challenge your guilt or innocence.

If you have requested an informal hearing, you have made a big mistake.  For an informal hearing, you are admitting that everything stated in the complaint against you is true.  You are admitting that all of the charges against you are correct, so you are pleading guilty to the charges.  You are then giving up the right to have a hearing to determine whether you are guilty or innocent.  Essentially, all you are going to be arguing about is the punishment you will receive.  You will not be allowed to testify or introduce any evidence on your guilt or innocence.

If you have submitted a request for an informal hearing, not realizing this, we can still help. Our firm will submit an immediate request to have the hearing changed over to a formal administrative hearing. During this hearing, you are allowed to dispute the facts against you and prove your innocence.  In such a case, it is necessary to submit a Petition for a Formal Administrative Hearing and to specify which facts are contested or disputed and why.

The case is then sent to a neutral Administrative Law Judge (ALJ) to hold a hearing on the case.  The state Department of Health (DOH) is then required to prove the facts against you by clear and convincing evidence.  You do not even have to introduce any evidence or testimony, the burden of proof is on the DOH to prove the case against you.