Understanding the OIG Exclusionary List and Its Impact on Employment Background Checks

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Background checks are critical in the healthcare sector. The Office of Inspector General (OIG) exclusionary list is a standard part of these background checks. Employers and job seekers must understand the OIG exclusionary list, how individuals end up on it, and the potential consequences of being wrongly associated with it during a background check.

What is the OIG Exclusionary List?

The OIG exclusionary list, officially known as the List of Excluded Individuals/Entities (LEIE), is a database maintained by the Office of Inspector General of the U.S. Department of Health and Human Services (HHS). This list contains the names of individuals and entities excluded from participating in federally funded healthcare programs, such as Medicare and Medicaid.
Exclusions can be due to various reasons, including:

  • Criminal Convictions: Crimes related to healthcare fraud, patient abuse, or neglect.
  • Professional Misconduct: License revocation or suspension or unethical practices.
  • Financial Misconduct: Defaulting on health education loan or scholarship obligations.
  • Other Misconduct: Actions that indicate an inability to provide safe, reliable, and competent healthcare services.

The Consequences of Being on the OIG Exclusionary List

For those listed, the repercussions are severe. They are barred from participating in any federal healthcare programs, which can significantly impact their career in the healthcare industry. Employers must check the OIG exclusionary list to avoid hiring excluded individuals, as employing them can result in heavy fines and other penalties.

Mistaken Identity and Its Impact During Employment Background Checks

A troubling issue arises when an individual is mistakenly identified as someone on the OIG exclusionary list during a background check. This is called a mixed background file and most often happens due to:

  • Similar Names: Common names or similar-sounding names can lead to confusion.
  • Inaccurate Information: Errors in data entry or outdated information can cause mismatches.
  • Insufficient Verification: Inadequate verification processes by background check companies.

Legal Rights When Mistakenly Associated with the OIG Exclusionary List

Suppose you find yourself wrongly flagged during a background check. In that case, it’s essential to know your legal rights and steps to rectify the situation:

  1. Request a Copy of the Background Check: Under the Fair Credit Reporting Act (FCRA), you have the right to request and review the background check report that led to the adverse decision.
  2. Dispute the Error: Contact the background check company and the potential employer to dispute the incorrect information. Provide evidence to support your claim.
  3. OIG Verification: Contact the OIG to verify that you are not on the exclusionary list. The OIG provides a process to check the LEIE and confirm your status.
  4. Seek Legal Assistance: If the error prevented you from getting a job, caused you to lose a job, or delayed your start date, you may have a case against the background check company and be able to sue for damages such as lost wages.

Get Legal Help When Mistakenly Flagged on the OIG Exclusionary List

The OIG exclusionary list plays a vital role in employment background checks for the healthcare sector. However, errors in employment background checks can be devastating.

At Francis Mailman Soumilas P.C., we understand the severe impact that inaccurate background checks can have on your life. That’s why we have helped job seekers fight back against false background reporting for over 25 years.

Contact us for a free case evaluation if you have been inaccurately flagged on the OIG exclusionary list. Call 1-877-735-8600 or fill out our free case review form now.