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Stronger Controls Help Ensure People Barred from Paid Federal Healthcare Jobs Do Not Work for VHA

Report Information

Issue Date
Report Number
22-02721-77
VA Office
Veterans Health Administration (VHA)
Report Author
Office of Special Reviews
Report Type
Administrative Investigation
Recommendations
3
Questioned Costs
$0
Better Use of Funds
$0
Congressionally Mandated
No

Summary

Summary
Under federal law, the Veterans Health Administration (VHA) cannot employ individuals if they have been formally excluded from having a paid position in a federal healthcare program. Exclusions can result from an individual committing healthcare fraud, patient abuse, controlled substance violations, acts resulting in license revocation, and other misconduct as specified by federal law. The List of Excluded Individuals and Entities (LEIE) is maintained by the Department of Health and Human Services Office of Inspector General. LEIE screening is meant to prevent individuals who have been found unsuited for working in a federally funded healthcare program from having access to medical facilities that need to protect their assets, patients, and information systems. The VA Office of Inspector General (the OIG) matched VHA personnel pay against LEIE data for the first pay period of January 2022 and found VHA was employing four former nursing professionals excluded from having VHA positions. They had housekeeping, clerical, or support positions—not engaged in patients’ health care. Three of them were on the list because of nursing license revocation or suspension, while the fourth was convicted of healthcare fraud. When notified, VA took prompt action to terminate the employees and the OIG confirmed they are no longer with VHA. VHA leaders also outlined actions to address the process failures the OIG identified. In addition, leaders concurred with the report’s three recommendations for completing those policy and process improvements, taking additional actions to prevent violations from recurring, and conducting a one-time audit to confirm compliance with the federal law outside the review period. The OIG will continue to monitor VA’s progress until sufficient documentation has been received to close the recommendations as implemented.

Open Recommendation Image, SquareOpenClosed and Implemented Recommendation Image, CheckmarkClosed-ImplementedNot Implemented Recommendation Image, X character'Closed-Not Implemented
No. 1
Closed and Implemented Recommendation Image, Checkmark
to Veterans Health Administration (VHA)
The chief for the Veterans Health Administration Office of Human Capital Management completes planned revisions of human resources policies and procedures to ensure that excluded individuals are not employed in paid positions using VA healthcare program funds, including requiring screening of candidates’ alternative or prior names or social security numbers (if accessible) against the List of Excluded Individuals and Entities prior to hiring.
No. 2
Open Recommendation Image, Square
to Veterans Health Administration (VHA)
The executive director for the Veterans Health Administration Office of Integrity and Compliance implements planned revisions of policies and procedures for the Office of Integrity and Compliance to ensure it performs accurate List of Excluded Individuals and Entities monitoring, including for individuals with alternative or prior names or using social security numbers (if accessible), and provides timely notification of potential violations to appropriate staff.
No. 3
Open Recommendation Image, Square
to Veterans Health Administration (VHA)
The executive director for the Veterans Health Administration (VHA) Office of Integrity and Compliance performs a one-time audit of VA employment records using corrected matching practices to determine whether any individuals on the List of Excluded Individuals and Entities are receiving payments using VA healthcare program funds, and, if so, whether additional revisions to policies and procedures of the VHA Office of Integrity and Compliance, the VHA Office of Human Capital Management, or any other element of VA are required to address the causes, including any related screening and/or monitoring process failures.