Legal Question in Employment Law in South Carolina

I am a registered nurse previously employed with a medical facility. I also worked part time for an organization doing case assessments. My assessments were made from information compiled by field counselors, and on occasion I have conducted interviews with families myself.

Once my assessment was done the organization could submit documentation for a request of payment to Medicaid. The organization operated for approximately 10 years before being shut down for filing false claims. I worked there for the last 2 years of operation, and I did not know that they were under investigation when I began my employment.

A few months ago I pleaded guilty, made restitution to the SC Medicaid program in lieu of going to trial and possibly losing my nursing license based on discussions with my attorney.

What I did not know and apparently my attorney, who did not specialize in employment law, that there would be a Step 2 in the process. Now the office of the US Inspector General has excluded me for a minimum of 5 years for working with anyone that accepts Medicare, Medicaid, and other Federal health care programs based on my plea. This decision has destroyed me financially.

I submitted an appeal to the US Office of Inspector General in early December 2013. The SC Attorney Generals office has made there response now I need to follow up.

CAN I REVERSE MY PLEA? I am truly innocent of all charges. The state relied on statements given from applicants in the program. Many of them have told investigators that they were not seen by counsels. I told state officials that I can only guarantee that I personally met and interviewed prospects for the program, and I have no way of knowing if the information submitted by other field counselors is true and accurate.

Asked on 3/07/14, 8:31 pm

1 Answer from Attorneys

Suzanne Hawkins Hawkins Law

This is a criminal law question. Labor and employment lawyers aren't likely to be knowledgeable of criminal law too--I'm certainly not. I suggest you repost and designate your question as a criminal law one.

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Answered on 3/09/14, 8:20 am

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