Peace C. Onyejiaka, DAB CR6913 (2026)

DECISION

Petitioner, Peace C. Onyejiaka, was a Licensed Practical Nurse (LPN), working in the State of Florida.  The Florida Board of Health charged that she knowingly misrepresented her educational credentials when she applied for her nursing license.  While the charges were pending, she voluntarily relinquished her nursing license.  Based on the loss of her nursing license, the Inspector General (IG) has excluded her from participating in Medicare, Medicaid, and all other federal health care programs pursuant to section 1128(b)(4) of the Social Security Act (Act).

Petitioner now appeals the exclusion.

I affirm the IG’s determination.  Because Petitioner surrendered her nursing license while formal disciplinary proceedings against her were pending before the Florida licensing authority, and the licensing authority brought those proceedings for reasons bearing on her professional competence, the IG may exclude her based on section 1128(b)(4)(B) of the Act.

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Background

In a letter dated July 31, 2025, the IG notified Petitioner Onyejiaka that she was excluded from participating in Medicare, Medicaid, and all federal health care programs because her license to provide health care as a licensed practical nurse in the State of Florida “was revoked, suspended, or otherwise lost, or was surrendered while a formal disciplinary proceeding was pending, for reasons bearing on [her] professional competence, professional performance, or financial integrity.”  The letter explained that section 1128(b)(4) of the Act authorizes the exclusion.  The letter also explained that the exclusion would remain in effect until Petitioner is reinstated by the IG.  To be eligible for reinstatement, she had to regain her Florida license.  In the alternative, the letter explained, the IG would consider reinstatement if she obtained a health care license in any state or after she had been excluded for a minimum of three years.  IG Ex. 1.

Petitioner requested review.

Exhibits.  The IG submitted a written brief (IG Br.) and two exhibits (IG Exs. 1-2). Petitioner submitted her own brief and six exhibits (P. Exs. 1-6).  The IG filed a reply brief (IG Reply).

In the absence of any objection, I admit into evidence IG Exs. 1-2 and P. Exs. 1-6.

Hearing based on the written record.  The parties agree that this case may be decided without an in-person hearing.  IG Br. at 6; P. Br. at 3.

Issue

The sole issue before me is whether the IG had the authority to exclude Petitioner from program participation based on her relinquishing her license to provide health care as a licensed practical nurse.  Act § 1128(b)(4),

Discussion

1. Because Petitioner surrendered her license to practice as a Licensed Practical Nurse, while a formal disciplinary proceeding, bearing on her professional competence, was pending, the IG may exclude her from participating in Medicare, Medicaid, and all other federally-funded health care programs.  Act § 1128(b)(4)(B).1

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Statutory and regulatory provisions.  The Act authorizes the Secretary of Health and Human Services to exclude from program participation an individual who has surrendered her license to provide health care “while a formal disciplinary proceeding” was pending before a state licensing authority, and the proceeding concerned the individual’s “professional competence, professional performance, or financial integrity.”  Act § 1128(b)(4)(B); 42 C.F.R. § 1001.501(a)(2).

The exclusion “will not be for a period of time less than the period during which an individual’s . . . license is revoked . . . as a result of . . . a State licensing agency action.”  Act § 1128(c)(3)(E); 42 C.F.R. § 1001.501(b)(1).  Under certain circumstances, the IG may lengthen the period of exclusion.  42 C.F.R. § 1001.501(b)(2).

Petitioner relinquishes her nursing license.  Petitioner was a Licensed Practical Nurse  in the State of Florida.  IG Ex. 2 at 7.

The State of Florida Department of Health regulates the practice of nursing in the state.  IG Ex. 2 at 7; Fl. Stat. §§ 20.43; 456.072; 464.018.  In an administrative complaint, dated June 27, 2024, the Department of Health alleged that, when Petitioner applied for her LPN license in September 2017, she knowingly misrepresented her educational history.  Specifically, the complaint charged that:

• Petitioner violated Fl. Stat. § 464.018(1)(a) because, in applying for her nursing license, she knowingly misrepresented her education:  she claimed to have completed and graduated from an approved nursing program, when she had not completed the necessary requirements for graduation.
• Petitioner violated Fl. Stat. § 456.072(1)(m) “by making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.”

IG Ex. 2 at 6-9.

Rather than contest the charges, Petitioner voluntarily relinquished her license.  In a document titled “Voluntary Relinquishment of License,” dated July 22, 2024, she agreed to “voluntarily cease practicing as a licensed practical nurse” and never to reapply for licensure as an LPN in the State of Florida.  IG Ex. 2 at 4.  On December 20, 2024, the Nursing Board accepted the voluntary relinquishment “as a resolution” of the case.  IG Ex. 2 at 2.

Petitioner concedes that she surrendered her Florida license to provide health care while a State formal disciplinary proceeding was pending against her, and the proceeding concerned her professional competence, professional performance, or financial integrity.  P. Br. at 2.

Petitioner explains that, before the Florida Board issued its final order accepting her relinquishment, she moved to Pennsylvania and enrolled in a nursing program.  On December 17, 2024, she was awarded her Practical Nursing degree.  P. Ex. 2.  She applied to the Pennsylvania Board of Nursing and obtained her Practical Nursing license.  P. Ex. 3.  She argues that, because she “rectified her previous credentials,” the IG has no basis for excluding her from program participation.  P. Br. at 2.

On the contrary, because Petitioner surrendered her license to provide health care while a formal disciplinary proceeding was pending, concerning her professional competence, the statutory criteria are met, and the IG may exclude her from program participation.  I have no discretion.  I must follow the federal exclusion statute and regulations and sustain the exclusion.  42 C.F.R. § 1005.4(c)(5); Richard R. Jimenez, DAB No. 2986 at 5-6 (2020).

The IG may, in his discretion, consider an earlier reinstatement based on Petitioner’s obtaining a nursing license in Pennsylvania, if certain criteria are met – the individual “fully and accurately” disclosed, to the Pennsylvania licensing authority, the circumstances surrounding the surrender of her license, and the Pennsylvania licensing authority granted her license or took no adverse action against it.  42 C.F.R. § 1001.501(c)(1).2  Again, however, my jurisdiction is limited.  I have no authority to disturb the IG’s exercise of his discretion.

Conclusion

For the above reasons, I conclude that, pursuant to section 1128(b)(4)(B), the IG properly excluded Petitioner Onyejiaka from participating in Medicare, Medicaid, and all other federal health care programs for so long as her Florida license to practice as a licensed practical nurse is revoked.