What is the name of your state (only U.S. law)? MN
I really do think I've got a doozy here. I am posting on my mom's behalf, and I hope you'll be merciful to me once you understand. About a year ago my mom got sick, fell at home and somehow managed to break both shoulders, to the point that she ended up with bilateral joint replacements.
The injuries rather effectively ended her career in nursing.
Prior to her fall, she was working for a long term care facility, a PCA Agency (she was assigned only one client) and as a respite care provider.
After rehab, she moved in with me and I hired a home health care agency to help care for her while I was at work. After about five months, she was able to return home and resumed her PCAduties with her client.
Fast forward about four months and she recieves a letter from her Agency telling her that her provider # was invalid and that she could no longer work until it was sorted out. The letter also staed that since they were not being paid by the state for ther serivces for client X (as the care was not provided by a valid provider), that my mother would have to repay the wages she had recieved four the last four months.
I contacted the State office and found out that my mom's service provider # was invalidated when she became a recipient of PCA services at which time she was issued a recipient ID. They never sent her a ntoice about this, and no one became aware of it until some quarterly report flagged mom as a both a recipeint and provider of pca services.
In any event, her employer is still not going to be paid for the services, because, according to the state, it was the employer responisiblity to ensure that my mom's provider ID was good. They said that they had renewed it to be valid until 04/12, however, it was invalidated by the state when she became a recipient.
They are still insisting that she pay back nearly $3,800.00 in wages they paid out to her. Can they do this? What kind of recourse does she have to prevent this/fight any possible legal action? It is not like she was trying to commit any kind of fraud; even the state office had never heard of a situation like this until my mom......
I am helping my mom with all of this, so any advice would be appreciated.
I really do think I've got a doozy here. I am posting on my mom's behalf, and I hope you'll be merciful to me once you understand. About a year ago my mom got sick, fell at home and somehow managed to break both shoulders, to the point that she ended up with bilateral joint replacements.
The injuries rather effectively ended her career in nursing.
Prior to her fall, she was working for a long term care facility, a PCA Agency (she was assigned only one client) and as a respite care provider.
After rehab, she moved in with me and I hired a home health care agency to help care for her while I was at work. After about five months, she was able to return home and resumed her PCAduties with her client.
Fast forward about four months and she recieves a letter from her Agency telling her that her provider # was invalid and that she could no longer work until it was sorted out. The letter also staed that since they were not being paid by the state for ther serivces for client X (as the care was not provided by a valid provider), that my mother would have to repay the wages she had recieved four the last four months.
I contacted the State office and found out that my mom's service provider # was invalidated when she became a recipient of PCA services at which time she was issued a recipient ID. They never sent her a ntoice about this, and no one became aware of it until some quarterly report flagged mom as a both a recipeint and provider of pca services.
In any event, her employer is still not going to be paid for the services, because, according to the state, it was the employer responisiblity to ensure that my mom's provider ID was good. They said that they had renewed it to be valid until 04/12, however, it was invalidated by the state when she became a recipient.
They are still insisting that she pay back nearly $3,800.00 in wages they paid out to her. Can they do this? What kind of recourse does she have to prevent this/fight any possible legal action? It is not like she was trying to commit any kind of fraud; even the state office had never heard of a situation like this until my mom......
I am helping my mom with all of this, so any advice would be appreciated.
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