Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: Fav Numbar: | . Suohiact 1 FEB-23-2025 18:19 = AHCA .. P23 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, 0 OW (Pe Vv. CASE NO. 2003-18338 CARLOS MANUEL MILLAN, P.A., RESPONDENT, ee INT TIVE 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, Carlos Manuel Millan, P.A., and in support thereof alleges: j. 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’s Assistant (PA) within the State of Florida, having been issued license number 9100823. Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15AM Pages: 15 Duration: 3 min 51 sec Sender: Company: Fav Number: Quthiart- B-23-29@5 10:19 AHCA 2 ~ Dk P.24 3. Respondent's address of record is 11451 South West 33 Lane, Miami, Florida 33165. 4. In or about February of 1996, Dr. R.RR. was added as the supervising Physician for Respondent while he was practicing as a physician’s assistant at the Institute of Health, Inc., 6445 South West 8" Street, Miami, Florida 33144. 5. In or about February of 2002, Respondent began to practice as a physician’s assistant approximately three days a week at Associates Medical Center, Inc., (AMC) 120 Beacon Blvd., Miami, Florida 33135. 6. Ina letter dated September 5, 2002, Dr. R.FR., through his attorney, notified Respondent that R.AR. would no longer continue his professional association with Respondent or AMC, and instructed that, effective immediately, Dr. R.ER/s name, license, or DEA number were not to be used by Respondent. 7. Subsequent to the September 5, 2002 notification, and without authorization, Respondent continued to treat patients using R.FR/S Medipass provider number. 8. Medicaid records identify Respondent as the treating PA and Dr. R.FER. as the referring provider for numerous patients between September 12, 2002, and June 10, 2003. Carlos M.Millan, P.A., ease # 2003-18338 4 Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: aw Aliomhar: i. F FEB-23-2985 10:19 AHCA Saehinnt: 9. Respondent, as a result of this usage, has allegedly received approximately $8,191.33 in claims from Medicaid belonging to Dr. R.RR. by use of Dr. R.FR.’s Medipass provider number. 10. On or about June 13, 2003, Dr. R.RR. contacted the Agency for Healthcare Administration with information alleging that Respondent was fraudulently using his Blue Cross/Blue Shield of America provider number and was continuing to operate an office without a supervising physician. 11. On or about October 13, 2003, a Senior Investigator for Blue Cross and Blue Shield of America (BCBS), acting in an undercover capacity, visited the offices of AMC where he found that Respondent was identifying himself as “Doctor.” 12. At no time during the October 13, 2003 visit did Respondent or any of his staff identify Respondent as a PA or advise the investigator of his right to see a supervising physician. 13. Both the AMC marquee and Respondent's business cards designated Respondent as “Doctor Carlos Millan, PA.” 14. There was no indication of a supervising physician present at AMC during any investigative visit while the Respondent was treating patients. 3 Carlos M.Millan. P.A., Case # 2003-18338 5 Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: Fow Aliomhae: Ciubiant- . FEB-23-2885 10:19 _ AHA P.86 15. On or about September 23 and October 1, 2003, two (2) additional doctors were approved as supervising physicians for Respondent. COUNT ONE 16. Petitioner realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 17. Section 458.331(1)(k), Florida Statutes (2002), provides that the act of making deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine constitutes grounds for disciplinary action against a licensed professional by the Board of Medicine. 18. By failing to identify himself as a physician’s assistant, failing to advise patients of their right to see a supervising physician, and being designated as “Doctor” within his clinical practices, Respondent has willfully and fraudulently held himself out to be a licensed physician. 19. By continuing to treat, prescribe medication for, and refer patients to himself by using Dr. R.F.R.’s Medipass number after receiving notification of the termination of his association with AMC, Respondent willfully employed fraudulent means to obtain and treat patients. Carlos M.Millan, P.A., co # 2003-18333 eo Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: Fav Alumbhar: Sithiant: . FEB-23-2005 18:28 AHCA P.B7 20. Based on the foregoing, Respondent has violated Section 458.331(1)(k), Florida Statutes (2002), by making fraudulent and untrue representations related to the practice of medicine. COUNT TWO 21. Petitioner realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 22. Section 458.331(1)(I), Florida Statutes (2002), provides that the act of soliciting patients, either personally or through an agent, through the use of fraud or a form of overreaching conduct will constitute grounds for disciplinary action against a licensed professional by the Board of Medicine. 23. Respondent willfully employed fraudulent means to acquire and treat patients by continuing to treat patients under Dr. R.F.R.’s Medipass number, prescribe medication for these patients, and refer patients to himself by using Dr. R.F.R.’s Medipass number afer receiving notification of the termination of R.F.R.’s association with AMC. In addition, Respondent was advertising via his office marquee and personal business cards as a “Doctor.” $ Carlos M.Millan, P.A., Case # 2003-18338 7 Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: Fav Numbar- Suhiart- . FEB-23-2285 10:26 ARCA P.a3 24. Based on the foregoing, Respondent has violated Section 458.331(1)(), Florida Statutes (2002), by using fraudulent and overreaching conduct to solicit patients. COUNT THREE 25. Petitioner realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 26. Section 458.331(1)(v), Florida Statutes (2002), provides that the act of practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform will constitute grounds for disciplinary action by the Board of Medicine. 27. Respondent's actions of referring and treating patients allegedly under the supervision of a physician who had previously terminated his professional association with Respondent and Respondent's place of work was a ploy to willfully practice as a licensed physician when Respondent was only licensed as a physician’s assistant in the State of Florida. 28. Respondent's intention to practice beyond the scope of his license is further evidenced by treatment of patients without a supervising 6 Carlos M.Millan, P.A., Case # 2003-18338 8 Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: Fav Ahimbor- Gubiant- . FEB-23-2825 16:28 AHCA physician present, without advising each patient of their right to see a licensed physician, and without identifying himself as a PA. 29. Based on the foregoing, Respondent has violated Section 458.331(1)(v), Florida Statutes (2002), by holding himself out to be a licensed physician and thereby practicing beyond the scope permitted by law. WHEREFORE, 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. 7 Carlos M.Millan, P.A., Case # 2003-18338 9° Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: Fov Numbhar- Suhiact FEB-23-2685 18:22 AHCA Pp —_ eoN SIGNED this at day of __{ yet Arosa , 2004, John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED DEPARTMENT OF H DEPUTY CLERK a ra CLERK C paTe _19= 2:77 04 dur robett E. Fricke Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0394572 (850) 410-0613 (850) 414-1989 FAX ref Reviewed and approved by: ++. _(initials) aha oy (date) PCP: october 22, 2004 PCP Members: ei-sahri, Patrowicz, Lang 8 Carlos M.Millan, P.A., Case # 2003-18338 10 -18 Received Event (Event Succeeded) Date: 2/23/2005 Time: 10:15 AM Pages: 15 Duration: 3 min 51 sec Sender: Company: av Armbar: i. . F FEB-23-2885 1@:21 AHCA Sunient P 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. 9 Carlos M_Millan, P.A., Case # 2003-18338 1! ~14

Docket for Case No: 05-000693PL