Legal Question in Health Care Law in California

The state of california has impeded my ability to earn a living

I am an LVN working for a health plan. I have been performing regulatory audits ( DHS, Department of Health Svs)since 1995. These audits are performed at Doctor Offices to check for compliance to State Requirements. Health Plans began doing these audits ( as required) since 1995. This job does not involve patient care and I have not done patient care for 7 years and returning to patient care nursing would require refresher courses. My question is How can the State of California permit LVNs and Medical Assistants to perform these audits and EVEN using LVNs themselves decide that now, beginning July 1, 2002 that only RNS and MDS can perform these audits. This puts me out of a job and unable to earn a living in the area of nursing. Please note, that I have documentation from the LVN State Board that indicates it is within my scope of practice to perform these audits. Do I ( and all other LVNs) have a class action suit against the State of CA?? Thanks for the opportunity to ask this question.

Sincerely,--name removed--


Asked on 7/01/02, 5:35 pm

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: The state of california has impeded my ability to earn a living

Don't you have a choice not to do these audits and instead work as a LVN, provide care?

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Answered on 7/01/02, 6:30 pm


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