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Seven Things To Know When You Receive A Notice Of Investigation From The Department Of Health

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Being Excluded From the Medicare Program and Placed on LEIE Carry Many, Many Adverse Consequences for Future Employment

Attorney and Author, George Indest, sitting for a headshot in a dark gray suit and red tie in front of a tan background

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

Many health professionals decide, with little research or forethought, to give up a license to practice when faced with a complaint or an investigation. Most often, this is because they have another one in a different state. Unfortunately, relinquishing or resigning a license during a complaint or investigation is treated like a revocation and has serious consequences. This usually terminates your participation in Medicare and other federal healthcare programs, leading to severe repercussions.

 

Consequences of a Relinquishment or Revocation of a State License.

If you give up your state license or right to practice in a state to avoid an investigation or complaint, the state licensing authority must report this to the National Practitioner Data Bank (NPDB). This is the same for Veterans Administration (VA) physicians and employees, as well as for military physicians and employees.
Upon receipt of the report by the NPDB, a copy is also sent to the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (DHHS). The OIG will then send a letter to your last known address, informing you of its intention to exclude you from Medicare and other federal healthcare programs. These programs include Medicaid, Tricare, Veterans Affairs (VA), and many others that receive federal funding in any capacity.
If you receive such a letter, you must hire an experienced attorney and challenge it. You only have a very short deadline to do this, often 30 days or less.

 

The List of Excluded Individuals and Entities (LEIE).

If this happens, the government will add your name to the List of Excluded Individuals and Entities (LEIE) permanently, unless you apply for removal.

Additionally, you cannot work for any other business, healthcare professional, or entity that accepts federal healthcare funds, whether as an employee, an independent contractor, a consultant, or an adviser. Some states even prohibit issuing or renewing a license if you are on the LEIE.

Employers or contractors accepting federal healthcare funding must check the LEIE before hiring or contracting to ensure individuals and companies are not on the list. Therefore, if the government places you on the LEIE, you should hire an experienced attorney and seek removal as soon as possible.

 

You Will Also Be Barred From Other Federal Government Contracting.

Unfortunately, if you are placed on the OIG’s LEIE, you will also be included on other government lists that bar individuals from participating in government contracts. This includes the “Debarred List” or Contractor Exclusions (commonly known as the “SAM” List) maintained by the General Services Administration (GSA). The VA also checks this list and contributes to its updates.

 

Implications are Severe.

This means the implications are severe; if placed on the LEIE and excluded from Medicare, you will automatically go onto the GSA’s SAM list. You will not be able to obtain or maintain any employment with or contract with any of the following:

Any health insurance company contracting with the government (virtually all of them);
The U.S. military or Department of Defense (DOD);
The Veterans Administration (VA);
Any school system that accepts federal funding of any type;
Any hospital or healthcare organization that accepts federal funding of any type;
Any real estate broker or other company involved in federally backed housing loans;
Any organization that contracts or subcontracts with one of the above.

 

What You Should Do.

1. Consult with an experienced healthcare attorney prior to making a decision to give up a professional license when notified of a complaint or an investigation.

2. Keep a valid, current address at which you actually receive mail on file with all of your professional licensure boards, even if your license is expired.

3. Consult with an experienced healthcare attorney to respond to any letter from the OIG to challenge the decision and request a hearing.

4. If you are on the LEIE, apply for removal at the earliest possible opportunity, using the services of an experienced healthcare attorney.

The attorneys of The Health Law Firm are available to represent you in any of the above matters anywhere in the world.


Contact an Attorney Experienced in Defending Against Actions to Exclude an Individual or Business from the Medicare Program.
 The Health Law Firm specializes in defending individuals and businesses against exclusion from the Medicare Program. They also provide experienced legal representation in administrative hearings with the Office of Inspector General (OIG). They assist with applications for reinstatement to Medicare and removal from the List of Excluded Individuals and Entities (LEIE).

To contact The Health Law Firm, please call (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

 

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. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

 

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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.

Copyright © 2025, George F. Indest III, The Health Law Firm. All rights reserved. No part of this work may be reproduced in any form in any medium without the express written permission of the copyright holder. The copyright holder reserves the exclusive right to have his name associated with this work.
Picture of By George F. Indest III, J.D., M.P.A., LL.M.

By George F. Indest III, J.D., M.P.A., LL.M.

Board Certified by The Florida Bar in Health Law

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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999. Copyright © 2025 The Health Law Firm. All rights reserved.