Doll v. Department of Health

969 So. 2d 1103, 2007 Fla. App. LEXIS 17678, 2007 WL 3252754
CourtDistrict Court of Appeal of Florida
DecidedNovember 6, 2007
DocketNo. 1D06-2903
StatusPublished
Cited by3 cases

This text of 969 So. 2d 1103 (Doll v. Department of Health) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doll v. Department of Health, 969 So. 2d 1103, 2007 Fla. App. LEXIS 17678, 2007 WL 3252754 (Fla. Ct. App. 2007).

Opinion

KAHN, J.

Appellant Charles E. Doll seeks review of a final order issued by appellee, Florida Department of Health revoking appellant’s chiropractic license. Doll also seeks re[1104]*1104view of portions of the Department’s order assessing costs and attorneys’ fees against him. We affirm the license revocation. We vacate portions of the cost order and remand for further proceedings.

Background

On September 30, 2003, in the United District Court for the Middle District of Florida, Jacksonville Division, appellant entered a guilty plea to a charge of conspiracy to defraud a health beneficiary program under 18 U.S.C. sections 371 and 1347. Section 371 is the general conspiracy provision in the federal criminal code. Section 1347, entitled “Health Care Fraud,” provides:

§ 1347. Health care fraud
Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice—
(1) to defraud any health care benefit program; or
(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program,
in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 10 years, or both. If the violation results in serious bodily injury (as defined in section 1365 of this title), such person shall be fined under this title or imprisoned not more than 20 years, or both; and if the violation results in death, such person shall be fined under this title, or imprisoned for any term of years or for life, or both.

The federal court imposed judgment and sentence, including a term of probation, a fine, and substantial restitution to defrauded programs. With regard to the facts underlying the federal indictment, the administrative law judge found as follows:

5. [Doll] was vice-president of Jacksonville Health Care Systems (JHCS) during all relevant times of the alleged criminal conspiracy.
6. JHCS operated as a medical clinic offering and supplying chiropractic and medical services to patients.
7. [Doll] caused or allowed claims to be filed with Medicare and other health care benefit programs claiming reimbursement for the professional component of Magnetic Resonance Imaging tests (MRI).
8. For Diagnostic Ultrasound (DU) and Nerve Conduction Velocity (NCV) billing, [Doll] submitted claims for the technical portion of an [sic] DU or NCV test, which is the performance of the test, even though Respondent did not contribute his professional expertise to the performance of the test.
9. After tests were completed [Doll] would submit (some) claims to be filed by JHCS to various health care benefit programs for the technical component of the DU and NCV tests.
[[Image here]]
14. [Doll] caused or allowed claims to be filed by JHCS with Medicare and other health care benefit programs claiming reimbursement of the professional component of MRI tests. The MRIs were read and interpreted by a qualified radiologist, who was paid for each read by JHCS and was given an IRS form 1099 for all fees paid to him.
15. [Doll] caused or allowed claims to be filed by JHCS with Medicare and other health care benefit programs claiming reimbursement for the technical portion for DU and [1105]*1105NCV, which is the administration of the test. Ail tests were performed by a qualified person employed by a company not owned by JHCS.

At a later date, appellee brought this disciplinary action against Doll. For purposes of this appeal, only Count I of the administrative complaint remains relevant. In this count, the Department charged appellant with violating section 456.072(1)(c), Florida Statutes (2003). The statute provides the following ground for discipline:

Being convicted or found guilty of, or entering a plea of guilty or nolo conten-dere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.

§ 456.072(1)(0), Fla. Stat. (2003).

Finding that appellant had, in fact, violated the pertinent statute, the administrative law judge made the following conclusions of law in the recommended order, all of which the Department accepted and adopted:

43. It has been proven that [Doll] entered a plea to conspiracy to defraud a health care benefit program under 18 U.S.C. §§ 1347 and 371, an offense related to the practice of chiropractic’medicine. In arriving at this conclusion, the penal nature of this case is recognized and Section 457.072(1)(c), Florida Statutes (2003)[sic], has been strictly construed in determining whether a violation occurred. See State v. Pattishall, 99 Fla. 296, 126 So.147 (1930), and Lester v. Department of Professional and Occupational Regulations, State Board of Medical Examiners, 348 So.2d 923 (Fla. 1st DCA 1977).
• 44. To decide whether the plea of guilty is related to the practice of or the ability to practice chiropractic medicine, that inquiry was not limited to the technical ability of [Doll] in his practice in an office setting. If the crime relates to or presents a danger to public welfare, as it did, that in itself would be grounds to impose discipline. See Rush v. Department of Professional Regulation, Board of Podiatry, 448 So.2d 26 (Fla. 1st DCA 1984); Ashe v. Department of Business and Professional Regulation [Department of Professional Regulation, Board of Accountancy], 467 So.2d 814 (Fla. 5th DCA 1985) and Greenwald v. Department of Professional Regulation, 501 So.2d 740 (Fla. 3d DCA 1987), rev. denied, 511 So.2d 998, cert. denied, 484 U.S. 986, 108 S.Ct. 502, 98 L.Ed.2d 501 (1987).
45. Among the terms of the sentence imposed in federal court was the need to make restitution to a number of companies who had lost money. The sentence imposed is read to mean that restitution must be made to insurance companies in that list as well as DHHS/CMMS, Division. of Accounting. DHHS is read to mean the U.S. Department of Health and Human Services. This need for restitution made [Doll] accountable for his prior actions, which had been contrary to public welfare, in particular as they related to DHHS.
46. The crimes to which [Doll] pled guilty in federal court demonstrate a lack of honesty, integrity, and judgment in conspiring to defraud a health care benefit program by a person licensed as a health care provider. That conduct breached the trust and confidence placed in [Doll] by his licensure as a chiropractic physician.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Department of Highway Safety & Motor Vehicles v. Azbell
154 So. 3d 461 (District Court of Appeal of Florida, 2015)
Grapski v. City of Alachua
134 So. 3d 987 (District Court of Appeal of Florida, 2012)
Schoenborn v. Department of Health
969 So. 2d 1107 (District Court of Appeal of Florida, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
969 So. 2d 1103, 2007 Fla. App. LEXIS 17678, 2007 WL 3252754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doll-v-department-of-health-fladistctapp-2007.