STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, . v. CASE NO.: 2017-22040 THOMAS VINCENT SAVINO, M.D., _ Respondent. © ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Thomas Vincent Savino, M.D., and in support thereof alleges: 1. Petitioner is the state agency 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 medical doctor within the state of Florida, having been issued license number ME 76915. 3. Respondent's address of record is 65 Buttonwood, Staten Island, NY 10304. | 4. Onor about October 25, 2017, in the United States District Court, in and for the District of New Jersey, in case number 2:16-CR-00582-SRC-1, Respondent was convicted of one felony count of Conspiracy to Violate the Federal Anti-kickbacks Statute and Travel Act and to Defraud Patients of Honest services, in violation of 18 U.S.C. s. 371; three felony counts of Illegal Remuneration in Violation of the Federal Anti-kickback Statute, in violation of 42 U.S.C s. 1320a-7b(b)(1)(A) and 18 U.S.C. 18 s, 2; three felony counts of the Use of the Mail and Facilities in Interstate Commerce and Interstate Travel to Promote, Carry on and Facilitate Commercial Bribery, in violation of 18 U.S.C. s. 1952(a)(1) and (3), and 18 U.S.C. s. 2; and three felony counts of a Scheme to Defraud Patients of Honest Services by Accepting Concealed Bribes, in violation of 18 U.S.C. s. 1343 and 1346, and 18 U.S.C. s. 2. 5. The convictions stemmed from allegations that Respondent agreed with one or more persons employed by and/or acting on behalf of Biodiagnostic Laboratory Services, LLC (“BLS”), a clinical blood laboratory headquartered in Parsippany, New Jersey, to refer blood specimens. of his Medicare and Private Insurer patients, to BLS for testing in exchange for DOH v. Thomas Vincent Savino, M.D.; Case Number 2017-22040 ‘ 20f6 monthly bribe payments, from in or about July 2012, through in or about April 2013. . . 6. The October 25, 2017, ‘convictions relate to Respondent's practice or ability to practice medicine. TI: Violati na ion 4 331(1 EF. 17 7. Petitioner re-alleges and incorporates paragraphs one (1) through six (6), as if fully set forth herein. 8. Section 458.331(1}(c), Florida Statutes (2017), subjects a physician to discipline for 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 to the ability to practice medicine. - 9. On or about October 25, 2017, Respondent was convicted of one felony count of Conspiracy to Violate the Federal AAnti-kickbacks Statute and Travel Act and to Defraud Patients of Honest services; three felony counts of Illegal Remuneration in Violation of the Federal Anti-kickback Statute; three felony counts of the Use of the Mail and Facilities in Interstate Commerce and Interstate Travel to Promote, Carry on and Facilitate Commercial Bribery; and three felony counts of a Scheme to Defraud Patients of Honest Services DOH v. Thomas Vincent Savino, M.D.; Case Number 2017-22040 30f6 by Accepting Concealed Bribes, crimes which relate to Respondent's practice, or his ability to practice medicine. 10. Based on the foregoing, Respondent has violated Section 458.331(1)(c), Florida Statutes (2017). COUNT II: Violatior n of Section 456. 7. re i ES. 2017 11. Petitioner “re-alleges and incorporates paragraphs one (1) through five (5), as if fully set forth herein. 12. Section 456.072(1)(II), Florida Statutes (2017), subjects a physician to discipline for being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. . 13. Onor about October 25, 2017, in the United States District Court, in and for the District of New Jersey, Respondent was convicted of one felony count of Conspiracy to Violate the Federal Anti-kickbacks Statute and Travel Act and to Defraud Patients of Honest services; three felony counts of Ilegal Remuneration in Violation of the Federal Anti-kickback Statute; three felony counts of the Use of the Mail and Facilities in Interstate Commerce and Interstate Travel to Promote, Carry on and Facilitate Commercial Bribery; and three felony counts of a Scheme to Defraud Patients of Honest Services by Accepting Concealed Bribes, DOH v. Thomas Vincent Savino, M.D.; Case Number 2017-22040 a ; 40f6 14. Based on the foregoing, Respondent has violated Section 456.072(1)(II), Florida Statutes (2017). 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. SIGNED this ro F HEALTH PARTMENT oO DEP DEPUTY CLERK CLERK Aneel Sanders DATE 012018 — ist day of October , 2018. Celeste Philip, MD, MPH State Surgeon General scretary of Health “et Barbara L. Davis Assistant General Counsel Florida Bar Number: 94252 — Florida Department of Health Office of the General Counsel _ 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (P): (850) 558-9831 (F): (850) 245-4684 (E): Barbara.Davis@flhealth. gov PCP Date: September 28, 2018 PCP Members: Georges El-Bahri, M.D.; Gary Dolin, M.D.; Brigitte Goersch DOH v. Thomas Vincent Savino, M.D.; Case Number 2017-22040 Sof6 NOTI F 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21. days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform § to Rule 28-106. 2015(5), Florida Administrative Code. “ts Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. DOH v. Thomas Vincent Savino, M.D.; Case Number 2017-22040 6 of6

Docket for Case No: 19-000179PL