ia lak Vie) YM FILED STATE OF FLORIDA ‘DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ~ (ome? ) : : ) PETITIONER, ) ) v. ) CASE NO. 1997-14486 ) NORA MARIA COSTA, MLD., ) ) RESPONDENT. _) ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Nora Maria Costa, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. . 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having b issued license number ME 0046396. Respondent’s last known Avenue, #335, Miami, Florida 33126. ee alle lina x 3. In or about 1997, Respondent was charged by a Grand Jury in the United States District Court for the Southern District of Florida in case number 97-574-Cr-LENARD, in Counts 1, 12, 13, 18, 28, 32, 52, 54, 58, and 73-93, in a one hundred twenty-four (124) count “indictment. 4. This indictment included allegations that Respondent’ and his co-defendants conspired to commit and committed acts constituting f fraud | against the United States, by filing . : false ‘and fraudulent claims with the Medicare Part A program mn of the Department of Health and Human Services, in that claims for health care services were submitted for payment regarding services not actually provided, or were provided to unqualified persons. Respondent and his co- _ defendants were also » charged with submitting false and fraudulent annual Medicare Provider . Cost Reports for the fiscal year ending June 30, 1992. 5. "On or about June 3, 1997, Respondent entered into a plea agreement in the above case, and pled guy to several of the counts inchuded i in the indictment, including, but not ' Limited to: making false, fraudulent and fictitious claims for payments upon the United States, in “violation of Title, 18 U. s. c. $2875 “wire fraud, in violation of Title 18 US.C. 51343; and Solicitation, receipt and paymeitt of kickbacks and rebates, i in violation. of Title 42 U.S.C. “6 ‘On ‘or about April 27, 1998, the Honorable Joan A. Lenard, District Judge, accepted Respondent’s plea and adjudicated her guilty of the offenses described in the paragraph above and set forth in Count One of the indictment. 7. . Respondent has been adjudicated guilty of a crime directly related to the practice ” of medicine, in ‘that Respondent, in his capacity as a physician, made fraudulent claims for payment upon the United States for medical services. Uren vig 8. Respondent has been found guilty of a crime which directly relates to the practice of medicine or to the ability to practice medicine, in that Respondent has pled guilty to: making false, fraudulent and fictitious reports and claims for payments upon the United States; mail fraud; wire fraud: and solicitation, receipt and payment of kickbacks and rebates regarding claims submitted to the Medicare Part A program for services not actually provided, or provided to unqualified persons. 9. Based on the foregoing, Respondent has violated Section 458.331(1)(0), Florida Statutes, by being convicted or found guilty of, or entering a plea of nolo contendere to, ‘regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine. WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order - imposing one or more of the following penalties: permanent revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case, other than costs associated with an attomey’s time, as provided for in Section 455.624(3), Florida Statutes, and/or any other relief ~ that the Board deems appropriate. "SIGNED this. al]. day of Spel Vy -_, 1999. FILED “DEPARTMENT OF HEALTH Larry G. McPherson, Jr. cy DATE (22: Chief Medical Attorney VY * ry COUNSEL FOR DEPARTMENT: Larry G. McPherson, Jr. "Chief Medical Attormey Agency for Health Care Administration . P.O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 788643 RPC/hrb PCP: April 23, 1999 “PCP Members: Slade, Murray and Pardue See etmrnee Mpeg pipe te try pn te Sree REE Tree gee ee oe TSE Sr Segre

Docket for Case No: 00-002007