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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115478
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am on the OIG exclusion list my nursing license. I am

Customer Question

I am on the OIG exclusion list for surrendering my nursing license. I am wondering if I can work as a medical device representative? Also, will I be able to gain pass from a credentialing service such as RepTrax for admission into hospitals?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are on the OIG exclusion list, you cannot work at any job where the employer takes federal funds for healthcare, including medicare or medicaid. So being on that list would prevent you for selling those devices anywhere that takes federal healthcare funds. There is a limited exception where an entity that receives Federal health care funding may employ an excluded individual where the provider is both able to pay the individual exclusively with private funds or from other non-Federal funding sources and where the services furnished by the excluded individual relate solely to non-Federal program patients. The provider does not have to maintain a separate account from which to pay the excluded person, as long as no claims are submitted to or payment is received from Federal health care programs for items or services that the excluded person provides and such items or services relate solely to non-Federal health care program patients. This would be up to the employer to prove.

The only other thing you could do, since you could not get credentials, would be to file an appeal to the OIG to get your name removed from the list by proving that there is no reason for you to be excluded and presenting evidence to them as to the good cause for why you should not be excluded.