rr vv

STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v. CASE NO. 2011-05169

RESPONDENT.

, /

MAS G. MASSOUMI, M.D.,

ADMINISTRATIVE COMPLAINT

Petitioner, Department of Health (Department), by and through its undersigned counsel, hereby files this Administrative Complaint before the Board of Medicine against Respondent, Mas G. Massoumi, 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 21516.

   
   

   Filed March 16, 2012 8:45 AM Division of Administrative Hearings

3. Resp"bndent's last l<hown aadress··at record is 1soo North Dixie · Highway #104, West Palm Beach, Florida 33404-2715.

4. Approximately January of 2010, Patient S.R. (S.R ) began having pain and problems with both of his hands. Patient S.R. presented to his primary care physician concerning these problems and was referred to a specialist for the condition. The specialist referred S.R. to Respondent_.

5·.

On or about April 26, 2010, S.R_.

presented to Respondent's

office. ·Patient S.R. .was given documents to complete that included an agreement stating that if he, in the future, had a third party claim, he would be personally responsible for Respondent's usual and customary fees. The agreement went on to state· th at any case with attorney involvement, review of records, reports and many qther areas that Respondent must review due to H.I.P.A.A·. ( Health Insurance Portability and Accountability Act) regulations would be charged at one thousand and six hundred ($1,600.00) dollars per hour to S.R. personally. An 18% interest rate or the highest interest rate allowable by law would be added to unpaid fees. Patient S.R. signed the agreement and was seen by Respondent.

- 6: Oh or about June 17, 2010, Respondent petformed surgical

procedures and saw S.R. on follow-up visits for the next few weeks.

1. On or about July 30, 2010, S.R. both called and faxed a request for a letter from Respondent for Social Security disability benefits. He was told that it was premature to do this, and Respondent needed to discharge him prior to responding to this request.

2. On or about Augu st- 25, 2010, Respondent sent a letter to S.R.

   
   

   to assist with his Social Security claim.

   
   

3. On or about February 11, 2011, attorney for S.R. sent a letter requesting medical records from June 2009 until the present. The letter states that the request is for a claim for Social Security benefits, and the attorney does not need the nurses' notes, graphics, or temperature charts. The attorney requested that if there was a bill for information, that it be forwarded to him for approval of his client and he would not be responsible for costs prior to client's approval.

4. On or about February 11, 2011, the Office Manager for

   
   

   Respondent sent a letter stating they needed a signed release from the patient, and the Respondent needs to go through the docµments line by line. Since the documents are over fifty (50) pages he requested a

   
   

   p'.a"

   ym ent of $4,S00 oo for three nours of hls t ime·- b ased on the contracted

   
   

   rate the patient signed. The letter advised that if the patient came _ to the office and picked up the documents himself, there would not be a charge for Respondent, but the standard copy charge plus one hundred ($100.00)

   dollars for administrative services for staff time would be charged. The letter included a bill for five hundred ($500.00) dollars for Respondent's reviewing the letter sent by S.R.'s attorney and administrative charges.

5. To date Respondent has failed to release S.R.'s patient records pursuant to Rule 6:488-10.003 (2) and (3), Florida Administrative Code (2010), which provides that the permitted costs for the reproduction of medical records for patients and governmental .entities shall not be more than the following: (a) For t he· first 25 pages, the cost shall be $1.00 per page, (b) For each page in excess of 25 pages, the cost shall be 25 cents. For other entities, the reasonable costs of reproducing copies of written or typed documents or reports shall not be more than $1.00 per page.

   COUNT ONE

   
   

6. Petitioner re-alleges and incorporates by reference Paragraphs 1 through 11, as if fully set forth herein.

- · ·- 13-: Sectforf 458.331(1)(9), Florida Sta.tutes (2010), ·provides that

failing to perform any statutory or legal obligation placed upon a licensed physician constitutes grounds for a disciplinary action.

14. Section 456.057(6), Florida Statutes (2010), provides that any health care prac;titioner licensed by the department or a board within the department who makes a physical or mental examination of, or adminis·ters

treatment or dispenses legend drugs to, any person shall, upon request of

such person or the person's legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and·records relating to such examination or treatment, including X rays and insurance

information.

•15. · Respondent failed to provide Patient S.R. or his legal

representative with a copy of his medical reports and records In a timely manner.

1. Based on the foregoing, Respondent has violated Section 458.331(1)(g), Florida Statutes (2010), by failing to perform any legal or statutory obligation placed upon a licensed physician by the board and/or department, In that Respondent failed to furnish Patient S.R. or his legal

   
   

   s

   and

   . . . ..

   representative a copy of his medlc:al --repcirt:s .. records in a timely

   
   

   manner, in violation of Section 456.057(6), Florida Statutes (2010).

   
   

   COUNT TWO

   
   

2. Petitioner re-alleges and incorporates by reference Paragraphs 1 through 11, as if fully set forth herein.

3. Section 458.331(1)(nn), Florida Statutes (2010), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes· groundsfor a disciplinary action.

4. Rule 6488-10.003 (2) and (3), Florida Administrative Code (2010), provides that the permitted costs for the reproduction of medical records for patients and governmental entities shall not be more than the following: (a) For the first 25 pages, the cost shall be $LOO per page, (b) For each page in excess of 25 pages, the cost shall be 25 cents. For other entities, the reasonable costs of reproducing copies of written or typed docurne ts or reports shall not be more than $1.00 per page.

5. Respondent charged five hundred ($·500.00) dollars for reviewing and responding to a letter from S.R.'s attorney and demanded the cost ·for S.R.'s records as either four thousand and . five hundred ($4500.00) dollars ·f or S.R.'s attorney, or an administrative fee of one

   hundred ($100.00) ih addition to t he-c os·r o·r producingl:he docume ts to

   S.R. All of the charged amounts exceed the allowed maximum.

   
   

6. Based on the foregoing, Respondent has violated Section

458.331(1)(nn), Florida Statutes (2010)·, by violating any provision of this

chapter or chapter 456, or any rules adopted pursuant. thereto, in that Respondent charged amounts for patient records to S.R. that exceeded the amounts allowable under Rule 64B8-10.003, Florida Administrative Code (2010).

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 :2-'t day of_....::;,,.0,1,,..,1.cL L·.a.:                   2U1L

H. Frank Farmer, Jr., MD, PhD, FACP

State Surgeon General

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

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PCP: 101-z-t>lu,\\ .

PCP Members:£1-.&h; 1 j,.,,'...

DOH vs. MAS G. MASSOUMI, M.D., case No. 2011-05169

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 ASSESSMEN:r 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 di scipl,in.ary matter, which may include att o.r n ey hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-000964PL