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STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

l"EI II IONER,

1. CAS. NO. 2ooe..22B98

   KEffH F. WHITFIELD RUSSELL, M,D.,

   
   

   ltESPONDENT, ,/

   
   

   
   

   ADMINISTRATIVECOMPW T

   COMES NOW Petitioner, Department of He lth, by and through

   
   

   undersigned counsel, flies this Administrative Cci)mplaint before the

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   Board of Medicine against Respondent, Keith F. Whitfield Rus II, M.D.,

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   and in support thereof alleges:

   1. Petitioner is the state department charged with uI lating

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      the practice of medicine pursuant to Section 20:43, Florida Statutes;

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      Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes.

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   2. At all times material to this Complaint, Responden was a licensed physician within the state of Florida, having been lssu license number ME 59742.

      
      

      
      

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   3. • Respondent's address of record is 8353 S.W. 12i S t, Suite 105, Miami, Florida 33156.

   4. Respondent's last known address is R8$Jister No. 8lJ446-004,

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      a Adams County Correctional Institution, PO$t: Office Box 1600,

      Washington, Mississippi 39190.

      FACTS RELATED TO PATIENT:p.a.

   5. On or about October 7, 2008, Respondent was in lcted on one (1) count of Health care Fraud, in case Nµmber 08-2 895-CR.-

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      UNGARO in the Southern District of Florida related to his treatment of Patient G.B., a Mecllcare beneficiary.

   6. on or about March 17, 2009, Respondent was found guilty,

      by a jury, of one (1) count of Health care Fraud related to his tteatment

      of Patient G.B.

      FACTS RELATED TO PATIENT ,.c.

   7. On or about October 7, 2008, Respondent was ln cted on one (1) count of Health Care Fraud, in case N(lmber 08-2tjB95-CR­ UNGARO in the Southern District of Florida related to his trea ment of Patient R.C., a Medicare beneficiary.

      
      

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   8. on or about March 17, 2009, Respond.mt was fou d guilty,

      by a jury, of one {1) count of Health Care Fraud related to his t atment

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      of Patient R.C.

      
      

      GENERAL ALLEGATIONS '

   9. On or about October 7, 2008, Respon ent was in ,cted on

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      one (1) count of Conspiracy to Commit Health: Care Fraud I in case

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      Number 08-20895-CR-UNGARO in the Southern District of Florida.

   10. On or about March 17, 2009, Respon nt was found guilty,

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       by a jury, of one (1) count of Conspiracy to Commit Health Carei Fraud.

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   11. Respondent used his position as a ll nsed physician to

       commit the crimes of which he was found guilty.

   12. Conspiracy to Commit Health Care Fraµd and Hea,th Care

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       Fraud are directly related to Respondent's practice of med'cine or Respondent's ability to practice meclicine.

       CQUNJONE

   13. Petitioner realleges the allegations set !forth in par graphs

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       one (1) through six (6), eleven (11) and twelve (12), as if set forth herein.

       
       

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   14. Section 458.331(1}(c), Florida Statu s (2008),

       
       

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       rovldes

       
       

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       that being convicted or found guilty of, or enterin9 a plea of tuilty or

       
       

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       nolo contendere to, regardless of adjudicatio a crime i in any

       
       

       
       

       of

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       jurisdiction which directly relates to the practice medicine or to the

       
       

       ability to practice medicine constitutes grounds for Cllisciplinary a,:tion by the Board of Medicine.

   15. Respondent was found guilty of one (1) count ot Health

       care Fraud related to his treatment of Patient G.B..

   16. Based on the foregoing, Respondettt violated 1 Section

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       458.331{1)(c), Florida Statutes (2008), by being fol.Ind guilty of ia crime

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       which directly relate to Respondent's practiO! qf medicine or Respondent's ability to practice medicine.

       COUNJTWO

   17. Petitioner realleges the allegations set forth In par graphs

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       one (1) through four (4), seven (7), eight (8), ele n (11) andi twelve

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       {12), as if set forth herein. ' I

       
       

       
       

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   18. Section 458.331(l)(c), Florida Statute$ (2008), provides .

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       that being convicted or found guilty of, or enteringi a plea of guilty or

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       nolo contendere to, regardless of adjudication, a crime In any

       
       

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       jurisdiction which directly relates to the practice of medicine Jr to the

       ability to practice medicine constitute grounds tordlsclplinary action by

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       the Board of Medicine.

   19. Respondent was found guilty of one i{1) count o, Health

       
       

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       care Fraud related to his treatment of Patient R.C.

       
       

   20. Based on the foregoing, Responder,t violated i section

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       458.331(1)(c), Florida Statutes (2008), by being nd guilty of1a crime

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       which directly relate to Respondent's practi°' of mediqine or Respondent's ability to practice medicine.

       COUNT THREE

   21. Petitioner realleges the allegations set forth in par,graphs

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       one (1) through four (4), and nine (9) through t,Nelve (12), a if set

       forth herein.

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   22. Section 458.331(1)(c), Florida Statutes (2008), PrJVldes that being convicted or found guilty of, or entering: a plea of gLilty or

       nolo contendere to, regardless of adjudication, a crime \n any.

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       jurisdiction which directly relates to the practice of !medicine or'! to the•

       
       

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       ability to practice medicine constitutes grounds for disciplinary action by,

       
       

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       the Board of Medicine.

       
       

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   23. Respondent was found guilty of one (l)i count of CotJspiracy to Commit Health Care Fraud.

   24. Based on the foregoing, Respondemt violated Section

458.331(1)(c), Florida Statutes (2008), by being fotlmd guilty of a crime

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which directly relate to Respondent's practi of mecli ine or Respondent's ability to practice medicine.

WHEREFORE Petitioner respectfully requ that the Bpard of

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Medicine enter an order imposing one or mo of the fcpllowing

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penalties: permanent revocation or suspension of Rie5pondent's !license, restriction of practice, imposition ofan administrative fine, lssua ce of a

reprimand, placement of Respondent on probation, corrective i action,

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refund of fees billed or collected, remedial education and/or anry other relief that the Board deems appropriate.

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SIGNED this. :l:) day of

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M. Viamonte!Ros, M.D., M.P.H. State Surgeon G eral

FILED

DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK @g_el Sanders

DATE 'AUG 3 1 2010

Yo aY.Gieerit'" Assistant Generali Counsel Florida Bar # 073 115 Department of H lth

Prosecution Servlq:es Unit !

4052 Bald Cypre$$ Way, Bin Cr65

Tallahassee, FL 3l399·3265. 850.245.4640 Phqne

850.245.4681 FAX

PCP: August 27, 2010

PCP Members: El Bahri, Tucker & Mullins

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DOH v.KEITH RUSSELL, M,D,, CASE NO, 200 f 22898

NOTICE OF RIGHTS

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Respondent has the right to request a hearln to be con ucted in accordance with Section 120.569 and, 120.57, lorida statutes, to be represented by counsel «.t other q allflecl representative, to present evidence and argup,ent·, to II and

cross-examine witnesses and to have subpoe'1a. and su poena duces tecum issued on his or her behalf I If a hea Ing is requested.

NOTICE REGARDING ASSESSMENTI OF COSTS

Respondent. is placed on Notice that Peti...:r has. llurredl•.

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costs related to the investigation and p · cution thls1 matter, Pursuant to Section 456,072(4), Florlida statu s, the: Board shall assess costs related to the ll!lvestigatloh and: prosecution of a disclpllnary matter, whlt:h may 1,c1ude: attorney hours and costs, on the Respondent addition any1 other discipline imposed.

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Docket for Case No: 11-000002PL