Do Not Voluntarily Relinquish or Give Up Your License or Allow it to Expire While Under Investigation or Pending Disciplinary Action

By Danielle M. Murray, J.D.

Scenario: Psychologist, licensed mental health counselor, or other mental health professional has a license in State 1 where he or she lives and practices and also in State 2. A complaint is filed with the Department of Health, Professional Board, or other licensing authority in State 1.

Rather than incur the legal expenses involved in defending against the complaint in State 1, psychologist, LMHC, or other professional moves to State 2, begins practicing there and voluntarily relinquishes his/her license in State 1.

Unfortunately, in most cases, this is a terrible mistake.

The voluntary relinquishment of the professional license in State 1, while there is a pending complaint, investigation or disciplinary action, will be treated the same as a revocation of the license for disciplinary purposes.

Following are some of the adverse consequences that will follow:

1. State 1 will maintain this action and report it as a disciplinary action. You may not be informed in advance of this fact.

2. The health professional will be reported to the National Practitioner Data Bank (NPDB). Since the Healthcare Integrity and Protection Data Bank (HIPDB) was combined into the NPDB, this now includes nurses, psychologists and even facilities.

3. The action will be reported to State 2. State 2 will then commence disciplinary action.

4. In almost all cases, the office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) will begin action to exclude the professional from the Medicare Program. In almost all cases, unless aggressively fought and successfully defended, this will result in the professional’s being excluded from the Medicare Program and placed on the List of Excluded Individuals and Entities (LIEI). You will not be allowed to work for or contract with (in any capacity) any Medicare provider including physicians, hospitals, nursing homes and ambulatory surgical centers (ASCs).

5. If excluded from the Medicare Program and placed on the LIEI, this automatically places the professional on the General Services Administration (GSA) list of persons debarred from contracting with the U.S. government. If on the debarment list, you are not allowed to work for or contract with the federal government or to be a contractor of, owner of, officer of or employee of any person or organization that does contract with the U.S. government. This means, for example, you could not be employed as a construction worker for a company that has government contracts. This also means, for example, you cannot work for a realtor who arranges for government underwritten or guaranteed loans on real estate.

6. If you have a DEA number, most likely the DEA will act to revoke your DEA number.

7. If you have clinical privileges at a hospital or ambulatory surgical center (ASC) you will most probably have these revoked.

8. If you are on the provider panel of any insurance company, it is most likely that you will have your participation terminated by the insurance company.

9. Because of the NPDB report, if you apply for a health professional license in another state, or if you apply for hospital privileges, the report will be provided to the state or hospital and you will most probably have your application denied.

10. If you are a participant as a Medicaid provider in a state’s Medicaid Program, this will be terminated.

11. You will be prohibited from joining or participating as a health care professional in the U.S. military services, the U.S. Public Health Service, or in any federal health care program such as CHAMPUS/TRICARE.

In addition to the above, there are other possible consequences that will come to light only after it is too late to do anything about it.

That is why we urge you to think long and hard before you voluntarily relinquish your license if any complaint has been filed against you or if any investigation has been opened against you. This applies to licenses you may have in other states or which are no longer active.

An investigator or government official may attempt to convince you that it is “in your best interest” to voluntarily relinquish your license. It is not. An investigator or government official may attempt to convince you “it will go easier for you” if you voluntarily give up your professional license. This also is not true. All you are doing is allowing the same effects as a disciplinary revocation to occur without requiring the state to investigate the matter or provide you any due process rights to which you are entitled. You are just making it quick, easy and cheap for the government to take disciplinary action against you, which you are then not even able to appeal.

Consult an Experienced Health Law Attorney.

The attorneys of The Health Law Firm are experienced in dealing with DOH investigators, AHCA surveyors, Drug Enforcement Administration (DEA) agents, FBI agents, police and sheriff’s office investigators, OIG special agents (S/As) and Medicaid Fraud Control Unit (MFCU) investigators. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com.

About the Author: Danielle M. Murray is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Please, Please, Please Do NOT Talk to the Department of Health (DOH) Investigator

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Whether you are a psychiatrist, psychologist, licensed clinical social worker, or another type of mental health professional, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with counsel.

Admitting to the Simplest Facts May Harm You.

We are routinely consulted by mental health professionals and other healthcare providers for representation after they have discussed the case and after it is too late to undo the damage they have caused to themselves. Often they do not understand the seriousness of the matter or the possible consequences, until it is too late. Admitting to even the most basic facts causes damage to any possible defense.

Administrative Licensure Investigations are “Quasi-Criminal.”

The vast majority of mental health professionals and even most attorneys do not realize that DOH investigations concerning complaints against a practitioner’s license are considered to be “penal” or “quasi-criminal” proceedings. This means the same laws and constitutional rights apply to them as apply to criminal investigations. However, since they are also administrative proceedings and not strictly criminal proceedings, investigators do not need to advise you of your Miranda rights or tell you you have the right to remain silent, the right to an attorney, etc.

In any criminal investigation a good criminal defense attorney would always tell you “Do not talk to the investigator” and “Tell the investigator you have a lawyer.”

Investigators’ Techniques Try to Get You to not Consult a Lawyer.

DOH investigators, like police investigators, FBI investigators and other law enforcement officers, are well-trained in investigative techniques and how to get information out of suspects. Often the approach used is to catch you by surprise before you even know there is an investigation and the investigation is of you. Another technique used is to lull you into a false sense of security that the investigation is about someone or something else and not you. Another investigative technique is to convince you that you need to “Tell your side of the story” so that the investigation is accurate. Yet another is that “Things will go much better for you if you cooperate.” None of these things are true.

However, if it is truly in your best interest to cooperate or to make a statement, after you consult with your attorney, your legal counsel will surely advise you to do this. The investigator should not mind waiting until you consult your attorney. However, many will go to extremes to convince you that you don’t need an attorney and shouldn’t get an attorney.

Consult an Experienced Health Law Attorney.

The attorneys of The Health Law Firm are experienced in dealing with DOH investigators, AHCA surveyors, Drug Enforcement Administration (DEA) agents, FBI agents, police and sheriff’s office investigators, OIG special agents (S/As) and Medicaid Fraud Control Unit (MFCU) investigators. Call or contact The Health Law Firm for legal advice before you talk to any investigator about any matter.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

Disclaimer: Please note that this article represents our opinions based on our many years of practice and experience in this area of health law. You may have a different opinion; you are welcome to it. This one is mine.

Note: This article is for informational purposes only; it is not legal advice.