STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No. 2015-27241 MICHAEL J. HALL, M.D., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Florida Department of Health (hereinafter “Petitioner”), hereby files this Administrative Complaint before the Florida Board of Medicine (hereinafter the “Board”) against Respondent, Michael J. Hall, M.D, (hereinafter “Respondent”), and in support hereof alleges: 1. Petitioner is the state agency charged with regulating the practice of medicine within the State of Florida pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. 2. — Atall times material hereto, Respondent was a licensed physician within the State of Florida, having been issued license number ME 82850. 3. Respondent's address of record is 1680 Meridian Avenue, Suite 601, Miami Beach, Florida 33139. 4. On or about June 14, 2013, Patient C.B. (hereinafter. the “patient”) presented to Respondent with complaints of opiate addiction and Suboxone maintenance. 5. Respondent gave the patient a prescription for Suboxone and requested the patient return to his office in one week for the performance of a physical exam, lab work, and a drug screen. 6. The patient did not return to Respondent's office. 7. Yelp is a corporation which develops, hosts and markets Yelp.com which publishes crowd-sourced reviews about local businesses. 8. Onor about October 8, 2015, Respondent posted a comment on Yelp.com which provided in part: “Her real name is [C.B.] .... In the past, she has used her badge as a MBFD inspector to fraudulently obtain narcotics and she has seen over 28 doctors in Florida for numerous prescriptions, pills and other medical services.” 9. Respondent did not have written authorization from the patient to discuss or disclose her protected health information on Yelp.com. 10. Onor about October 16, 2015, Yelp.com removed Respondent's comment from public view. DOH v. Michael J. Hail, M.D., DOH Case Number 2015-27241 . Administrative Complaint Page 2 of 5 11. Section 458.331(1)(nn), Florida Statutes (2015), subjects a licensee to discipline for violating any provision of Chapters 456 or 458, Florida Statutes, or any rules adopted pursuant thereto. 12. Section 456.057(7)(a), Florida Statutes (2015), in part provides that the medical condition of a patient may not be discussed with any person other than the patient, the patient’s legal representative, or other health care practitioners and providers involved in the patient's care or treatment, except upon written authorization from the patient. 13. Section 456.057(7)(c), Florida Statutes (2015), in part provides that information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may be disclosed only to other health care practitioners and providers involved in the care or treatment of the patient, or if allowed by written authorization from the patient. 14. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2015), through a violation of Section 456.057(a) and/or (c), Florida Statutes (2015), by discussing or disclosing the patient’s protected heaith information on Yelp.com without written authorization from the patient. DOH v. Michael J. Hall, M.D., DOH Case Number 2015-27241 Administrative Complaint Page 3 of 5 WHEREFORE, Petitioner respectfully requests the Board 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 the Board deems appropriate. SIGNED this 2%" day of TeEsouney , 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Geoffrey | Mt stistian, Esq. Assistant General Counsel Florida Bar No. 0010325 Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, Florida 32399-3265 CLERK Amber Greene Telephone (850) 245-4640, ext. 4661 DATE February 28, 2017 Facsimile (850) 245-4684 E-mail Geoffrey.Christian@flhealth.gov PCP: February 24, 2017 PCP Members: G. El-Bahri, M.D.; S. Ramesh, M.D.; Mr. N. Romanello DOH v. Michael J. Hall, M.D., DOH Case Number 2015-27241 Administrative Compiaint Page 4 of 5 DOH V. MICHAEL J. HALL, M.D. DOH CASE NUMBER 2015-27241 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. A request or petition for an administrative hearing must be in writing and must be received by the Department of Health within 21 days from the day Respondent received this 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 alieged 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 this Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDI MENT OF 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 of Medicine shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on Respondent in addition to any other discipline imposed. DOH v. Michael J. Hall, M.D., DOH Case Number 2015-27241 Administrative Complaint Page 5 of 5

Docket for Case No: 19-004188PL