STATE OF FLORIDA > © Py DEPARTMENT OF HEALTH Aoglis, 74 DEPARTMENT OF HEALTH, Petitioner, 2 et yed OB ~jesT Pe v. CASE NUMBER: 2000-15785 PAMELA ANNETTE HERSHORIN, CRTT, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Department of Health (Petitioner) and files this Administrative Complaint before the Board of Respiratory Care (the Board) against Pamela Annette Hershorin, CRTT (Respondent) and alleges: 1. Petitioner is the state agency charged with regulating the practice of respiratory care under Section ahs and Chapters 456 and 468, Florida Statutes. Under Section 20.43(3)(g), Florida Statutes, 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 certified respiratory therapy technician in the State of Florida, having been issued license number TT 4412. 3. Respondent's fast known address is 3820 Northeast 23 Avenue, Lighthouse Point, Florida 33064. 4. On or about June 12, 2000 an information was filed against Respondent in the federal United States District Court for the Northern District of Ohio in the case U.S. v. Pamela H. Corrie, No. 4:00CR250-1 (N.D.Ohio filed June 12, 2000) which contained the following allegations: “At all times material to this information, the defendant, Pamela H. Corrie (Respondent), was the sole shareholder of Cardio-P Services, Inc., an outpatient cardio-pulmonary rehabilitation and diagnostic center located (in Ohio). . At all times material herein, Medicare and Medicaid would and did pay claims for pulmonary rehabilitation, stress tests, and pulmonary function tests if the tests and services had been conducted under the supervision of a physician and the tests had been interpreted by a physician. From on or about late May 1996 to on or about late October 1997, (in Ohio) the defendant (Respondent) knowingly and willfully executed and attempted to execute a scheme to defraud Medicare and Medicaid in connection with the delivery of and payment for health care services. It was a part of the scheme to defraud that the defendant (Respondent) would and did submit approximately 12,891 claims to ODHS and Nationwide for tests and services the defendant (Respondent) knew were performed by the Cardio-P staff without a physician being present. The defendant (Respondent) executed the scheme by causing her staff to submit the claims to ODHS and Nationwide to make it appear that a physician was present when the services were provided by listing on the claims the provider number of a physician who had once been associated with Cardio-P, but who the defendant (Respondent) knew had terminated his relationship with Cardio-P in late May 1996. As a result of the scheme, Nationwide paid Cardio-P approximately $150,500 on fraudulent claims and ODHS paid Cardio-P approximately $49,400 on fraudulent claims.” 5. According to a Judgment in a Criminal Case entered on or about October _ + 20, 2000, Respondent pled guilty and was convicted of Health Care Fraud, a Class C Felony in violation of Title 18, United States Code, Section 1347. US. v. Pamela H. Corrie, No, 4:00CR250-1 (N.D.Ohio filed October 20, 2000). According to that judgment, Respondent was sentenced to five months imprisonment and ordered to pay $199,900.00 in restitution. COUNT I—CONVICTION OF CRIME 6. Petitioner reallges and incorporates paragraphs one (1) through five (5), as if fully set forth herein this Count One. 7. Respondent was convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to respiratory care services or to the ability to deliver such services, in that Respondent was convicted of health care fraud. 8. Based on the foregoing, Respondent violated Section 468.365(1)(c), Florida Statutes (2000), 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 respiratory care services. WHEREFORE, the Petitioner respectfully requests the Board of Respiratory Care 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 as provided for in Section 456.072(4), Florida Statutes (2000), and any other relief the Board deems appropriate. SIGNED this Ke day of | Zk uth , 200D~ John O. Agwunobi, M.D., M.B.A. Acting Secretary Nancy M. Snurkowski Chief Attorney—Practitioner Regulation COUNSEL FOR THE DEPARTMENT: Danni Vogt, Senior Attorney Florida Bar #0437158 DEPARTMENT OF H Agency for Health Care Administration DEPUTY. CLERK TH P. 0. Box 14229, Mail Stop 39-A CLERK Yahi, Kernen Tallahassee, Florida 32317-4229 : 2 2 NMS/dtv E DATE a PCP: XXXOXXXXXXXX OW/ S PCP Members: XXXKHHOHO0OX R~f-02-

Docket for Case No: 03-001637PL