Health care loophole causes concern

Published: 2010-01-06 11:15:26
Author: Alan Cohn | ABC Action News | January 5, 2009

TAMPA, FL -- An ABC Action News investigation is raising questions about a loophole in a new Florida law aimed at combating Medicaid and Medicare fraud.

Who could possibly argue with the goal of the new law passed by the state legislature last June?  Crack down on Medicaid fraud by banning those found guilty of the crimes associated with it from working as health care providers -- like nurses.

State Representative Kevin Ambler helped lead the way.

"The idea is to protect the public and to crack down on Medicaid fraud by eliminating folks who have had a documented criminal history of fraud or dealing with drugs,” Ambler says.

So when dozens of new nursing applicants showed up at the Board of Nursing's licensing hear in October this is what was heard.

"With the new laws passed in 2009, one of the crimes listed is one you were convicted of so this board is not able to give you a license at this time," a board member informed and applicant.

But our investigation has discovered an unanticipated and unintentional loophole in the new law. This loophole prohibits those found guilty in Florida of crimes connected to fraud or drugs from working as nurses. But if you are from out of state and were convicted of those same crimes else where, it's not a problem.

So while some applicants were turned away, other felons who moved here from out of state weren't.

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