A-08

STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v. CASE NO. 2005-69004

SANTOS T. DE LA PAZ, M.D.,

RESPONDENT.

/

ADMINISTRATIVE COMPLAINT

COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Santos T. De La Paz, M.D., and in support thereof alleges:

1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes.

2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 30064.

   
   

   Filed August 24, 2012 3:40 PM Division of Administrative Hearings

3. Respondent's address of record is 11200 West Flagler Street, Miami, Florida 33174.

4. Respondent was an employee of a clinic named Primary Medical Care (PMC) in Miami, Florida.

5. Respondent was responsible for submitting false claims for PMC to the Medicaid Program for medical services he allegedly rendered to patients from 2003 through 2005.

6. On or about February 5, 2009, Respondent was charged by a two count Information, in case number F09-5750, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, with one count of Second Degree Grand Theft, in violation of Section 812.014(2)(b), Florida Statutes, and one count of Organized Fraud-Scheme to Defraud $50,000 or more, in violation of Section 817.034(4)(a), Florida Statutes, for knowingly, unlawfully, and feloniously obtaining, using, or endeavoring to obtain the property of The Florida Medicaid Program.

7. On or about January 8, 2010, Respondent pleaded no lo contendere in case number F09-5750, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, to one count of Second Degree Grand Theft, in violation of Section 812.014(2)(b), Florida

   Statutes. The Court stayed and withheld adjudication of guilt on this charge.

8. On or January 8, 2010, Respondent was sentenced three years

   
   

   probation and ordered to pay restitution to the State of Florida, Office of the Attorney General, Medicaid Fraud Control Unit, in the amount of

   $28,000.00. Respondent was also ordered to resign from health and

   
   

   human services billing within 120 days and not to reapply for a "billing health position" for the following three years. Respondent was given the option to petition for early termination of probation after two years, upon the completion of all of the terms of his probation.

9. Respondent's no lo contendere plea to grand theft directly relates to his practice of medicine and/or to his ability to practice medicine in that he could not have engaged in the conduct to which he pleaded no lo contendere without a license to practice medicine.

10. Section 458.331(1)(c), Florida Statutes (2009), provides that 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 constitutes grounds for disciplinary action by the Board of Medicine.

11. Respondent's January 8, 2010, plea of no lo contendere in case number F09-5750, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, to one count of Second Degree Grand Theft, in violation of Section 812.014(2)(b), Florida Statutes directly relates to his practice of medicine and/or to his ability to practice medicine in that he could not have engaged in the conduct to which he pleaded no lo contendere without a license to practice medicine.

12. Based on the foregoing, Respondent has violated Section 458.331(1)(c), Florida Statutes (2009), by being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, crimes in any jurisdiction which directly relate to the practice of medicine or to the ability to practice medicine.

WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.

SIGNED this U      day of          , ..\.... _,, 2011.

H. Frank Farmer, Jr., M.D., Ph.D. State Surgeon Gen al

DEPARTMENT OF HEALTH

DEPUlY CLERK

DATE: MAY " t inn

Jen r L. Friedberg Assistant General Counsel

DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No.: 21640

(850) 245-4640

(850) 245-4681 Fax

JLF

PCP: April 29, 2011

PCP Members: El-Bahri, M.D.; Tucker, M.D.; Mr. Mullins

DOH VS. SANTOS T. DE LA PAZ, M.D., CASE No. 2005-69004

DOH VS. SANTOS T. DE LA PAZ, M.D., CASE No. 2005-69004

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-002855PL