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New York Nursing Home Abuse
By letter dated February 29, 2000, Eleanor D'Angelo, L.P.N. (Petitioner) was notified by the Inspector General (I.G.), U.S. Department of Health and Human Services (DHHS), of the decision to exclude her for a period of five years from participation in the Medicare, Medicaid, Maternal and Child Health Services Block Grant and Block Grants to States for Social Services programs.(1) The I.G. explained that the five-year exclusion was mandatory under sections 1128(a)(2) and 1128(c)(3)(B) of the Social Security Act (Act) because Petitioner had been convicted in the District Court of Nassau County, First District, State of New York, of a criminal offense relating to the neglect or abuse of patients in connection with the delivery of a health care item or service.
Petitioner filed a request for review of the I.G.'s action. The I.G. moved for summary disposition. Because I have determined that there are no material and relevant factual issues in dispute (the only matter to be decided is the legal significance of the undisputed facts), I have decided the case on the basis of the parties' written submissions in lieu of an in-person hearing.
The I.G. submitted a brief and four proposed exhibits (I.G. Exs. 1-4). Petitioner did not object to these exhibits and I therefore admit them into evidence. Petitioner submitted a response brief and no proposed exhibits.
I grant the I.G.'s motion for summary disposition. I affirm the I.G.'s determination to exclude Petitioner from participation in the Medicare and Medicaid programs for a period of five years.
Applicable Law:
Sections 1128(a)(2) and 1128(c)(3)(B) of the Act make it mandatory for any individual who has been convicted of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care item or service to be excluded from participation in the Medicare and Medicaid programs for a period of five years.
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