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  5. DEPARTMENT OF HEALTH, BOARD OF DENISTRY vs CONSTANTINOS N. SOLDATOS, D.M.D., 99-003739 (1999)

DEPARTMENT OF HEALTH, BOARD OF DENISTRY vs CONSTANTINOS N. SOLDATOS, D.M.D., 99-003739 (1999)

Court: Division of Administrative Hearings, Florida Number: 99-003739 Visitors: 34
Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENISTRY
Respondent: CONSTANTINOS N. SOLDATOS, D.M.D.
Judges: WILLIAM R. CAVE
Agency: Department of Health
Locations: St. Petersburg, Florida
Filed: Sep. 02, 1999
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 12, 2000.
Latest Update: Sep. 26, 2001
Final Order No. DOH-01-1590--5 _-MOA FILED OL t 0} ith By: STATE OF FLORIDA Deputy Agency Clerk BOARD OF DENTISTRY Wee 2. DEPARTMENT OF HEALTH, Og. 27 8G closed ra “- ove day of SC = owe , 2001. \ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF HEALTH. BOARD OF DENTISTRY, Petitioner, vs. CASE NO: 94-02880 (DOAH CASE NO. 99-3739) CONSTANTINOS N. SOLDATOS, D.M.D. ; Respondent ey STIPULATION CONSTANTINOS N. SOLDATOS, D.M.D., hereinafter referred to as "Respondent", and the DEPARTMENT OF HEALTH, BOARD OF DENTISTRY, hereinafter referred to as the “Department”, hereby agree to present this Stipulation to the Board of Dentisuy. hereinafter referred to as “Board”, for their consideration and approval. U D Facts 1. For ali times pertinent herein, Respondent was a licensed in the State of Florida. having been issued license number DN 0013314. 2. Respondent was charged by Administrative Complaint (as amended) filed by the Department and properly served upon Respondent with a violation $466. 028(1)(c), Florida Stamnes. A ue and correct copy of the Amended Administrative Complaint is atrached hereto and made a part hereof by reference as Exhibit A : . . 3. . Respondent admits the matters of fact alleged is in the Administrative Complaizt attached S| Aether emma i Deparment ote 003845 f INCLU SOF LAW +. Respondent, in his capacity as a licensed dentist admits that in such capacity he is subject to the provisions of Chapters 466 and 455, Florida Stannes, and the jurisdiction of the Department and the Board. —— | 5. Respondent admits thar the allegations of fact set forth in the Amended Administrative Complaint constitute violations of Chapter 466. Florida Stanutes, and/or the rules enacted Pursuant thereto. STIPULATED DISPOSITION 6. The Respondent Shall pay as administrative costs the sum of three thousand dollars ($3,000.00), which amount shail be paid by Respondent to the Executive Director of the Board of Dentistry within sixty days of the entry of a Final Order accepting this Stipulation. 7. Respondent shall receive a reprimand in this matter. 8. Respondent shall complete twenty-five (25) hours of continuing education in areas to be determined by the Board in addition to those required for license renewal. Upon completion of said continuing education hours the Respondent shall be responsible for i insuring that the provider submit verification of completeness of the courses to the Board of Dentistry. 9. Respondent shall be placed on one year of probation, dating from entry of a Final ; Order accepting this Stipulation, during which time he shall abide by all terms and conditidns of this stipulation. ; Respondent may apply tothe Board for carly termination of his Probation upon completion of the | monetary and continuing education provisions of this Stipulation. 10. itis expressly understood that this Stipulation is subject to approval of the Secretary 2 003846 for the Department of Health and ultimately the Board of Dentistry and has no force and effect unless an order adopting it is entered by the Board. Il, Respondent agrees to be present ar the time of the Board's consideration of this Stipulation, and shall, under oath, answer any questions posed by Board members. counsel for the Board and counsel for the Department. 12. Tt is expressly understood tha a violation ofthe terms of this Stipulation shall be considered a violation of a Final Order of the Board of Dentistry, for which disciplinary action may be initiated pursuant to Chapter 466, Florida Stanes. 13. [tis expressly understood that this Stipulation is subject to approval of the Board and - Department and has no force or effect until an Order is based upon it bv the Board. 14. This Stipulation is executed by the Respondent for the purpose of avoiding further _ administrative action with respect to this particular case. In this regard. Respondent authorizes the Board to review and examine ail investigative file materials concerning Respondent prior to or in conjunction with consideration of the stipulation. Respondent agrees to support this stipulation at the time eit is S presented to the Board and shall offer no evidence. . testimony, or argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should this Stipulation not be accemted by the Board, it is agreed that the presentation and consideration of ; tis Splat nd other docunens and mates by the Boar stall not unfairly or illegally “prejudice th the Board of any of its members from. further participation, consideration or resolution of these proceedings. Furthermore, in the event that the Board fails to approve this joint Stipulation and a | Proceeding pursuant to Section 120.57, Florida Stanutes, is held, the Stipulation may not be 3 003847 introduced into evidence. Should the hearing result in a finding that Respondent is guilty of the alleged charges, Respondent hereby waives any defense to entry of a Final Order by the Board based upon the Board's consideration of this Stipulation. 15. The Respondent and the Department fully understand that this Stipulation and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board and/or Department against the Respondent for acts or omissions not specifically set forth in the Amended Administrative Complaint, attached hereto as Exhibit A, issued in this cause. 16. The Respondent waives the right to seek attorney’s fees and/or costs from the Department or Agency in connection with this disciplinary proceeding. 17. Upon the Board's adoption of this Stipulation, Respondent and Department expressly | waive all further procedural steps, and expressly waive all rights to seek judicial review of or to - otherwise challenge or contest the validity of the joint Stipulation of Facts, Conclusions of Law and imposition of discipline, and the Final Order of the Board incorporating said Stipulation. SIGNED this _[“7_ day of CONSTANTINOS N. SOLDATOS, D.M.D. Swom to and subscribed before r me « this 7 day of in _. 2006. 7 PS me, LYNN S. LEEDHAM 4, MY COMMISSION # CC 751572 ores EXPIRES: 0405/2001 1-900-3-NOTARY Fla Notary Services & Bonding Co. STATE OF FLORIDA _ DEPARTMENT OF HEALTH © DEPARTMENTOF HEALTH, "PETITIONER, vs. . | CASE NUMBER: 94-02880 CONSTANTIONSN. SOLDATOS, D.MD.. RESPONDENT. “ : “7 AMENDED ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner”, and files this Administrative Complaint before the Board of Dentistry against CONSTANTIONS N. SOLDATOS, D.M.D., hereinafter referred to as "Respondent"; and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with the regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida, Starutes; and Chapter 466, Florida Statutes. Pursuant to the authority of Section 20.43 @) @, Florida Statutes, the Petitioner has contracted with the Agency of Health Care - Administration to provide consumer complaint, investigative, and prosecutorial services Tequired by the Division of Medical Quality Assurance, councils, or boards, as appropriate. . v ' vl 2. Respondent is, and has been i at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 0013314. Respondent's Jast known address is 104 22" Street, Bell Air Beach, Florida 34625. 3. Between November 1993 and ‘December 1993, Medicaid was billed for more ** expensive dental treatment than the treatment provided by Mobile Dental Health to its patients. 003849 ‘2 BERR ON MEE LY ps 4. Between November 1993, and December 1993, the patient records of Mobile Dental” ” Health failed to substantiate the more expensive treatment billed to Medicaid. - S..A former employee and office manager of Mobile Dental Health has admitted to engaging in fraud by preparing paperwork for billing Medicaid for more expensive treatment when less expensive treatment had been rendered. 6. Commission Reports and Transaction Listings indicate that the Respondent received compensation as a result of these fraudulent billings. - , 7. On or about July 2, 1997, the Respondent entered a plea of nolo contendere to two (2) counts of conspiracy to commit Medicaid provider fraud. 8. On or about July 2, 1997, Respondent was placed on probation for twelve (12) months and ordered to reimburse Leon County five thousand dollars ($5,000) in ceurt costs. Respondent was also sentences to sixty (60) days in jail and three G) months of community control. COUNT I 9. Petitioner realleges and incorporated by reference the allegations contained in paragraphs one (1) through eight (8) as if fully stated herein. 10. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida i is subject to discipline pursuant to Section 466.028 (1)(t), Florida Stamtes, for engaging in fraud, deceit, and misconduct in the practice of Dentistry. 003850 tT COUNT " 11. Petitioner realleges and incorporated by reference the allegations contained in paragraphs one a) through eight (8) as if fully stated herein. 12. Based on the foregoing, the Respondent’s license to practice dentistry in the Stae of Florida is subject to discipline pursuant to Section 466.028 (1)(c), Florida Stanites, for being convicted or found guilty of or entering a Plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of dentistry. 003851 “d GEEB ON , WYCES€ [08D cptcuay Ce WHEREFORE, Petitioner respectfully requests the Board of Dentistry enter an order © 7” imposing one or more of the following penalties: 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, and/or any other relief that the Board deems appropriate. SIGNED this | N | aay of FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK MA. Come : cy M.*Snurkowski “J Chief Anorney 1998. - Douglas M. Cook, * Director Agency for Health Care - 8 _ Administration . ~ Gi) ONS : egory W. Files Staff Attorney Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 (904) 487-2225_ : PCP: F.G. & W.R. DATE: January 24, 1998 003852 “¢ BESG'ON : WYDESR 19G2 “gQc4gy arene

Docket for Case No: 99-003739
Issue Date Proceedings
Sep. 26, 2001 Final Order filed.
Oct. 12, 2000 Order Closing Files issued. CASE CLOSED.
Oct. 11, 2000 Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Oct. 11, 2000 Joint Status Report (filed via facsimile).
Oct. 09, 2000 Joint Status Report (filed via facsimile).
Sep. 29, 2000 Notice of Appearance (filed by M. Cohen via facsimile).
Sep. 29, 2000 Joint Status Report (filed via facsimile).
Aug. 01, 2000 Order Continuing Case in Abeyance issued. (parties to advise status by September 30, 2000)
Jul. 31, 2000 Status Report and Motion to Continue Case in Abeyance (filed by Petitioner via facsimile)
Apr. 03, 2000 Order Continuing Case in Abeyance sent out. (Parties to advise status by July 31, 2000.)
Mar. 28, 2000 Notice of Substitution of Counsel (Rosanna M. Catalano, filed via facsimile) filed.
Mar. 28, 2000 (Petitioner) Status Report (filed via facsimile).
Feb. 03, 2000 Order Placing Case in Abeyance sent out. (Parties to advise status by March 29, 2000)
Jan. 26, 2000 Joint Motion to Continue to Hold in Abeyance (filed via facsimile).
Jan. 21, 2000 (Respondent) Amended Motion to Extend Status Report Due Date (filed via facsimile).
Jan. 20, 2000 (Respondent) Motion to Extend Status Report Due Date (filed via facsimile).
Jan. 07, 2000 (W. Foster) Notice of Appearance (filed via facsimile).
Dec. 30, 1999 Order Granting Continuance sent out. (Parties to advise status by January 20, 2000.)
Dec. 30, 1999 (D. Sisco) Motion for Substitution of Counsel; Order Granting Motion for Substitution of Counsel (For Judge Signature) filed.
Dec. 27, 1999 (Respondent) Motion to Continue Hearing (filed via facsimile).
Dec. 10, 1999 Respondents` Notice of Service of Answers to Interrogatories filed.
Nov. 09, 1999 (2) Notice of Serving of Petitioner`s Request to Produce, Interrogatories, and Request for Admissions filed.
Oct. 21, 1999 Memorandum to Judge Cave from H. Bernstein Re: Request for Subpoenas (filed via facsimile).
Sep. 24, 1999 Order of Consolidation sent out. (Consolidated cases are: 99-003739, 99-003740)
Sep. 24, 1999 Notice of Hearing sent out. (hearing set for January 7, 2000; 9:00 a.m.; St. Petersburg, FL)
Sep. 20, 1999 Joint Response to Initial Order (filed via facsimile).
Sep. 08, 1999 Initial Order issued.
Sep. 02, 1999 Agency Referral Letter; Election of Rights; Second Amended Administrative Complaint filed.

Orders for Case No: 99-003739
Issue Date Document Summary
Sep. 20, 2001 Agency Final Order
Sep. 20, 2001 Agency Final Order
Source:  Florida - Division of Administrative Hearings
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