JUN-10-2011 14:13 FL DEPT OF HEALTH

850 488 1855 P.03/11

STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

· S,,E IITJONER,

v. CASE NO. 2008-22898

KEITH F'. WHffFIELD RUSSELL, M.D.,

RESPONDENT,

ADMINISTRATIVE COMPWNT

CO ES NOW Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Keith F. Whitfield Russell, 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 M 59742.

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   Respondent's address of record Is 8353 S.W. 124th Street,

   
   

   Suite 105, Miami, Florida 33156.

   
   

   1. Respondent's last known address Is Register No. 81446-004, CI Adams County Correctional Institution, Post Office Box 1600, Washington, Mississippi 39190.

      FACTS RELATED TO PATIENT G.B,

   2. . On or about October 7, 2008, Respondent was indicted on one (1) ,count of Health Care Fraud, in case Number 08-20895-CR­ UNGARO. in the Southern District of Florida related to his treatment of Patient G,B., a Medicare beneficiary.

   3. On or about March 17, 2009, Respondent was found guilty, by a jury,,of one (1) count of Health Care Fraud related to his treatment of Patient G.B.

FACTS RELATED TO PATIENT R.C,

7, On or about October 7, 2008, Respondent was indicted on one (1) count of Health care Fraud, in Case Number 08-20895-CR­ UNGARO in the Southern District of Florida related to his treatment of Patient R. ., a Medicare beneficiary.

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1. On or about March 17, 2009, Respondent was found guilty, by a jury,' of one (1) count of Health Care Fraud related to his treatment of Patient R.C.

   GENERAL ALLEGADONS

2. On or about October 7, 2008, Respondent was indicted on one (1) count of Conspiracy to Commit Health Care Fraud in Case Number 08-20895-CR-UNGARO in the Southern District of Florida.

3. · On or about March 17, 2009, Respondent was found guilty,

by a jury,10f oile (1) count of Conspiracy to Commit Health Care Fraud. 11•. Respondent used his position as a licensed physician to

commit the crimes of which he was found guilty.

1. Conspiracy to Commit Health Care Fraud and Health Care Fraud are directly related to Respondent's practice of medicine or Responder t's ability to practice medicine.

   COUNT ONE

2. · Petitioner realleges the allegations set forth in paragraphs one (1) through six (6), eleven (11) and twelve (12), as if set forth herein.

   
   

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3. Section 458.331(1)(c), Florida Statutes (2008), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdictior 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.

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

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

5. . Based on the foregoing, Respondent violated Section 458.331( )(c), Florida Statutes (2008), by being found guilty of a crime which directly relate to Respondent's practice qf medicine or Respondent's ability to practice medicine.

   COUNTJWO

6. · Petitioner realleges the allegations set forth in paragraphs one (1) through four (4), seven (7), eight (8), eleven (11) and twelve (12), as if set forth herein.

7. · Section 458.331(1)(c), Florida Statutes (2008), provides . that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any

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   jurisdictiQn which directly relates to the practice of medicine or to the ability to practice medicine constitutes grounds for dlsclplinary action by

   the Board of Medicine.

   
   

8. Respandent was found guilty of one (1) count of Health Care Fraud related to his treatment of Patient R.C.

9. . Based on the foregoing, Respondent violated Section

   
   

   458.331(l)(c), Florida Statutes (2008), by being found guilty of a crime which di,rectly relate to Respandent's practice of medicine or Respondent's ability to practice medicine.

   CQUNTJHREE

10. Petitioner realleges the allegations set forth in paragraphs one (1) t rough four (4), and nine (9) through twelve (12), as if set

    forth herein.

    
    

11. Section 458.331(1)(c), Florida Statutes (2008), provides that being convicted or found guilty of, or entering a plea of guilty or 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 pf Medicine.

    
    

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12. ' Respondent was found guilty of one (1) count of Conspiracy

    
    

    to Commit Health Care Fraud.

13. Based on the foregoing, Respondent violated Section 458.331(1)(c), Florida Statutes (2008), by being found guilty of a crime which d\rectly relate to Respondent's practice of medicine or Respandent's ability to practice medicine.

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 Respondent on probation, corrective action, refund of.fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.

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SIGNED this 5J day of

dzna

.2010.

M. Viamonte Ros, M.D., M.P.H.

State Surgeon General

FILED

DEPARTMENT OF HEALTH

OEPUTY CLERK

CLERK Angel San;ders

DATE lUG 3 1 2010

Yo a Y. Qeerr" Assistant General counsel Florida Bar# 0738115 Department of Health Prosecution Services Unit

4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 323g9.32s5 850.245.4640 Phone

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, 2008..22898

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accQrdance with Section 120,569 and 120.57, Florida Statutes, to be represented by (OUnsel 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

Responcfent Is placed on Notice that Petitioner has Incurred costs lated to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida statutes, the Board $hall 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 di ipline imposed.

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Docket for Case No: 11-002889PL