social security act prevents hiring of nurses with felonie's ?

[viafree]

Hi, i heard somewhere that the social security act of 1996 ( i think) can prevent some places like nursing homes from hiring nurses with a felony. i live in Ohio and would appreciate any feed back you may have, it seems that there is more negative talk about getting hired after a felony. i have succeeded in my treatment and has been sober and clean for 28 months, but the prospect of getting hired seems dim, since nursing homes is where i always worked. does this law prevent of limit funding for places that hire nurses like myself. thank you:clock:

[CABAYRN]

When I was in the CA diversion program (I finished in January of this year) my group facilitator was a wonderful woman who really wanted to return to patient care; but didn't think she could because her past drug diversion resulted in a felony conviction. Her conviction was older than 7 years, she was very up front about it in her application process and was hired by the hospital with no problems.

[viafree]

thanks for your input and great for your friend geting a job. what is the ca diversion program, i see it alot on this site. i will have a six month narc restriction and i'm going to try to sell myself as a treatment nures for the first six months with a promise to commit my self to the job for 2 years if they hire me.

[Daisy355]

I don't know what it is based on (social security act) or how its written, but I know in some states Felons cannot work in Long Term Care, if the administrators are caught they will lose their funding from medicare/medicaid. It doesn't matter what your crime, or what aspect you will be working in that facility.

I dont know if this is true in all states, I don't think so. I don't know where to tell you to begin to look either, but I was told this info by a administrator who was willing to work with someone in diversion, but could not work with me specifically because I have a felony and her hospital was small. They have something called "swing beds" meaning that a patient could stay longer than 3 weeks and be considered LTC, this would be too risky for her if I worked there if she was audited and create more paperwork with patient assigments. Not sure, but I think the swing bed thing was because the hospital was so small and the patient was technically on the same floor or in the same bed, but on paper, they were LTC.

She suggested I apply at large hospitals where this is not an issue, where they have designated floors for the LTC patients, or renal clinics, doctors offices, etc. She saved me a lot of time not applying at LTC facilities, I would have become very discouraged not getting any calls back because they are always hiring and that is the most obvious place for us to apply, especially since that is where your experience lies.

Just speak with the administrators and find out what their policy is, or call a place you have no interest in working and find out their policy, whether its a facility thing, or a state/federal thing. Please let me know what you find out. Good luck.

[CRNAspa]

Before you read any further, the information here is intended to provide the reader with a very brief overview of the Office of Inspector General (OIG)and the Exclusion List they maintain on individuals, health care facilities, and entities who provide goods and/or services to facilities that receive reimbursement from federally funded entities (Medicare, Medicaid, Social Security, etc.). While the information can be discouraging, it might not apply to your situation. There is an appeal process if it does affect you. You can also check to see if you've been reported and are on the list here:

HHS-OIG-Fraud Prevention & Detection - Exclusion Program - Search

This information is available to health care industry entities (hospitals, LTC, clinics, etc.) The following is from the web site of the OIG:

For many years the Congress of the United States has worked diligently to protect the health and welfare of the nation's elderly and poor by implementing legislation to prevent certain individuals and businesses from participating in Federally-funded health care programs. The OIG, under this Congressional mandate, established a program to exclude individuals and entities affected by these various legal authorities, contained in sections 1128 This link exits the Office of Inspector General Web site and 1156 This link exits the Office of Inspector General Web site of the Social Security Act This link exits the Office of Inspector General Web site, and maintains a list of all currently excluded parties called the List of Excluded Individuals/Entities.

Bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance Loans.

The effect of an exclusion (not being able to participate) is:

* No payment will be made by any Federal health care program for any items or services furnished, ordered, or prescribed by an excluded individual or entity. Federal health care programs include Medicare, Medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the United States (other than the Federal Employees Health Benefits Plan). For exclusions implemented prior to August 4, 1997, the exclusion covers the following Federal health care programs: Medicare (Title XVIII), Medicaid (Title XIX), Maternal and Child Health Services Block Grant (Title V), Block Grants to States for Social Services (Title XX) and State Children's Health Insurance (Title XXI) programs.
* No program payment will be made for anything that an excluded person furnishes, orders, or prescribes. This payment prohibition applies to the excluded person, anyone who employs or contracts with the excluded person, any hospital or other provider where the excluded person provides services, and anyone else. The exclusion applies regardless of who submits the claims and applies to all administrative and management services furnished by the excluded person.
* There is a limited exception to exclusions for the provision of certain emergency items or services not provided in a hospital emergency room.

See regulations at 42 CFR 1001.1901(c)

[Daisy355]

Jack-
Do you think that this is what she was speaking of? Because I was suspended by OIG til my first license was reinstated, and now I am off the exclusions list.

I believe the way she said it was that Felons cannot work in LTC in this state. Do you know of any other things besides the OIG list she could have been speaking of? I didn't get the impression that it was a hospital policy as she explained it as I did above with the admissions and patients staying longer. I have searched the net but have probably not been looking for the right things, this was my first interview and I have not applied anywhere else yet.

If its a case of being the federal or even state exlusions list (both of which i am now cleared) this would open up my job search immensely. Thank you

[CRNAspa]

Originally Posted by Daisy355

Jack-
Do you think that this is what she was speaking of? Because I was suspended by OIG til my first license was reinstated, and now I am off the exclusions list.

I believe the way she said it was that Felons cannot work in LTC in this state. Do you know of any other things besides the OIG list she could have been speaking of? I didn't get the impression that it was a hospital policy as she explained it as I did above with the admissions and patients staying longer. I have searched the net but have probably not been looking for the right things, this was my first interview and I have not applied anywhere else yet.

If its a case of being the federal or even state exlusions list (both of which i am now cleared) this would open up my job search immensely. Thank you

I think the best bet is to consult with an attorney familiar with the nurse practice act in your state(s) of licensure. You might also visit the web site of the board of nursing as the nurse practice act should be available online. You can also check the web site for the nursing association in your state, or give them a call. They may have someone available to help with these kinds of questions.

Nurse practice acts vary from state to state which means there will be variation in the way the deal with the same issue. As professional health care providers, consulting with an attorney when dealing with practice issues is the prudent, professional thing to do.

Good luck with your search!

Jack

[viafree]

Thank you to all of you who took the time to offer information, and yes I was speaking of a nurse convicted of a felony. I will check out the oig site to see if im listed, I will have my license back,after I pay the fee. I miss work so badly, and the income, I am confident I can find someone willing to give me a chance, just hope there's not any restrictions in the LTC facilities that prevent hiring someone as myself for fear of losing funding,if that is the case then that is a real bummer.

[d-ann1]

I was reinstated my license in 2005. After being unable to obtain a nursing job, I called the state board of nursing inquiring about any restrictions on my license. I spoke with the legal department and did some research on theinternet. I found out that the social security act of 1996(effective at this time), was the reason why I was being denied employment. A medical facility can hire you, whether it is a hospital or a LTC facility but they put their funding at risk when they hire a felon. I had even brought up the fact that my felony dated back to 1992, but it did not seem to matter.