STATE OF FLORIDA BOARD OF MEDICINE DEPARTMENT OF HEALTH, | PETITIONER, ve CASE NO. 2011-07167 JOSE ALTAGRACIA DIAZ, P.A., RESPONDENT. —_—— IN E COMPLAIN Petitioner, Department of Health (Department), by and through Its undersigned counsel, hereby files this Administrative Complaint before the Board of Medicine against Respondent, Jose Altagracia Diaz, PA. and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of physician assistance 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 assistant within the state of Florida, having been issued license number PA 9100439. Filed October 2, 2012 12:00 PM Division of Administrative Hearings 3. Respondent's address of record is 4200 SW 152 Avenue, Miramar, Florida 33027. 4. On or about April 25, 2011, Respondent was adjudicated guilty of Conspiracy to Commit Health Care Fraud in Case Number 1:10-20527- CR-Lenard in U.S. District Court, Southern District, by violating 18U.S.C. s. 1349. | 5. Respondent was sentenced to fifty-four (54) months in prison. Upon release from prison, Respondent Is required to surrender his physician assistant ficense to the U.S. Probation Officer and is not allowed to serve as a physician assistant or medical assistant during his time of supervised release, along with other conditions stipulated by the court. 6 Conspiracy to Commit Health Care Fraud directly relates to the practice of medicine. 7. Section 458.347(7)(q), Florida Statutes (2010), provides that the Board of Medicine may impose penalties authorized under Sections 456.072 and 458.331, Florida Statutes, upon a physician assistant if the physician assistant has been found guilty of or is being investigated for any act that constitutes a violation of Chapter 458 or Chapter 456. DOH vs. JOBE ALTAGRACIA DIAZ, P.A., Case No, 2011-07167 8. Section. 458.331(1)(c), Florida Statutes (2010), 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 the ability to practice medicine, constitutes grounds for disciplinary action by the Board of Medicine. 9. Respondent was found guilty of a crime directly related to the practice. of medicine or the ability to practice medicine by being adjudicated guilty of Conspiracy to Commit Health Care Fraud in Case Number 1:10-20527-CR-LENARD in U.S. District Court,. Southern District, by violating 18 U.S.C. s. 1349. 10. Based on the foregoing, Respondent has violated Section 458.334(1)(c), Florida Statutes (2010), 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 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, DOH vs. JOSE ALTAGRACIA DIAZ, P.A., Case No. 2011-07167 3 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 _24% day of Lowacy 2012. FILED par /27 foto A~ IRZ/cah PCP: ruary 24, 2012 H. Frank Farmer, Jr, M.D., Ph.D, FA.C.P, State Surgeon General LE, Zachem . Assistant General Counsel DOH, Prosecution Services Unit ' 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No. 0083617 Telephone: (850) 245-4640 Facsimile:: (850) 245-4681 PCP Members: Dr. Miguel, Dr. Nuss, Mittan, P.A., DOH vs. JOSE ALTAGRACIA DIAZ, P.A,, Case No, 2011-07167 NOTICE RIGHTS rere has the right to request a hearing to be condu 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. GARD: NT pondent is placed on notice that Petitioner has incurred costs elated to | investigation and prosecution of this matter. Pursudnt to in 456.072(4), Florida Statutes, the Board shall rel assess, costs to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the/Respe in addition to any other discipline Imposed. DOH vs. JOSE ALTAGRACIA DIAZ, P.A., Case No. 2011-07167 5

Docket for Case No: 12-003245PL