Meagan Noel Humphries, DAB CR6669 (2025)

DECISION

Petitioner, Meagan Noel Humphries, was a registered nurse, licensed to practice in the State of Mississippi. Because she did not comply with multiple provisions of her agreement with the Mississippi Board of Nursing, including to abstain from using addictive substances and to submit to the Nursing Board negative drug screens, the Board revoked her license to practice nursing. Thereafter, pursuant to section 1128(b)(4) of the Social Security Act (Act), the Inspector General (IG) excluded her from participating in Medicare, Medicaid, and all federal health care programs at least until she regains her license.

Petitioner appeals the IG exclusion.

For the reasons discussed below, I sustain the IG’s determination.

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Background

In a letter dated November 29, 2024, the IG advised Petitioner Humphries that, because her license to provide healthcare as a registered nurse was revoked “for reasons bearing on [her] professional competence, professional performance, or financial integrity,” the IG was excluding her from participating in Medicare, Medicaid, and all federal health care programs. She would not be eligible for reinstatement until she regained her license. The letter explained that section 1128(b)(4) of the Act authorizes the exclusion. IG Ex. 1.

Petitioner timely requested review.

The IG has submitted a brief (IG Br.) and four exhibits (IG Exs. 1-4). Petitioner did not submit a brief in response but has explained that she had already “submitted everything [I] have.” E-file # 6 (April 3, 2025). In the absence of any objections, I admit into evidence IG Exhibits 1-4.

Neither party proposes any witnesses, so an in-person hearing would serve no purpose. See IG Br. at 6. I therefore close the record and issue this decision based on the parties’ submissions.

Issue. The sole issue before me is whether the IG has a basis for excluding Petitioner from participating in all federal healthcare programs.

Discussion

1. Because the Mississippi Board of Nursing revoked Petitioner Humphries’ nursing license for reasons bearing on her professional competence or performance, the IG appropriately excluded her from participating in Medicare, Medicaid, and other federal health care programs.1 

The Act authorizes the Secretary of Health and Human Services to exclude from program participation an individual whose license to provide health care has been revoked or suspended for reasons bearing on her professional competence, professional performance, or financial integrity. Act § 1128(b)(4); accord 42 C.F.R. § 1001.501(a).

Here, on March 1, 2019, Petitioner Humphries admitted, to the State Board of Nursing, that she had obtained Dilaudid from her hospital employer; she resigned from her position there rather than submitting to a “reasonable suspicion drug screen.” IG Ex. 2 at 2; IG Ex. 3 at 2-3. She agreed that she had engaged in unprofessional conduct. IG Ex. 3 at 2.

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In a settlement agreement with the Nursing Board, dated December 2, 2020, she agreed to, among other provisions: 1) abstain from addictive substances; 2) submit to monthly, unannounced and on-demand drug screens; 3) submit copies of drug reports to the Board of Nursing; 4) submit to a chemical dependency evaluation by an approved assessor; 5) submit, to the Board of Nursing, an affidavit incorporating the assessor’s recommendations; and 6) attend at least five AA/NA meetings a week, submitting verification of her attendance. IG Ex. 2 at 2; IG Ex. 3 at 1, 5, 7-9.

Petitioner was placed on probation. IG Ex. 3 at 1, 6. She acknowledged that maintaining her license would be contingent on her full compliance with the terms of the settlement. IG Ex. 3 at 1, 10.

Petitioner subsequently violated the agreement, and, on November 7, 2023, the Board of Nursing revoked her license, concluding that she violated Miss. Code Ann. § 73-15-29(1)(f), which gives the Nursing Board the authority to revoke the license of any person who has “negligently or willfully violated any order, rule or regulation of the board.” IG Ex. 2 at 2.

Thus, for reasons bearing on her professional competence or professional performance, the Mississippi Board of Nursing revoked Petitioner’s license to practice as a registered nurse.

Petitioner concedes that she “missed a few drug screens and was positive for marijuana use on one,” but challenges some of the Nursing Board’s findings. E-file # 6. Federal regulations preclude any collateral attack on the determination underlying an exclusion:

When the exclusion is based on the existence of a . . . civil judgment . . . by another Government agency, or any other prior determination where the facts were adjudicated and a final decision was made, the basis for the underlying . . . determination is not reviewable and the individual or entity may not collaterally attack it, either on substantive or procedural grounds, in this appeal.

42 C.F.R. § 1001.2007(d); Marvin L. Gibbs, Jr., M.D., DAB No. 2279 at 8-10 (2009); Roy Cosby Stark, DAB No. 1746 (2000).

Otherwise, Petitioner outlines the steps she is taking to recover her license. According to the Nursing Board’s final order, she may be eligible to have her license restored. IG Ex. 2 at 3. Until then, however, she must be excluded. The statute and regulations require that her period of exclusion “shall not be less than the period during which her license is . . . revoked.” Act § 1128(c)(3)(E); 42 C.F.R. § 1001.501(b)(1).

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Conclusion

Because her nursing license was revoked for reasons bearing on her professional competence or professional performance, the IG is authorized to exclude Petitioner Humphries from participating in Medicare, Medicaid, and other federal health care programs. I therefore sustain the exclusion.