Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: MICHAEL J. HALL, M.D.
Judges: ROBERT E. MEALE
Agency: Department of Health
Locations: Miami Beach, Florida
Filed: Aug. 07, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 13, 2019.
Latest Update: Jan. 21, 2025
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
Issue Date |
Proceedings |
Aug. 13, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 09, 2019 |
Agreed Motion to Relinquish Jurisdiction without Prejudice filed.
|
Aug. 07, 2019 |
Petitioner's Notice of Serving Petitioner's First Set of Requests for Admission, First Set of Interrogatories, and First Set of Requests for Production of Documents filed.
|
Aug. 07, 2019 |
Initial Order.
|
Aug. 07, 2019 |
Notice of Appearance on Behalf of Petitioner (Sarah Corrigan).
|
Aug. 07, 2019 |
Notice of Appearance on Behalf of Petitioner (Geoffrey Christian).
|
Aug. 07, 2019 |
Election of Rights filed.
|
Aug. 07, 2019 |
Administrative Complaint filed.
|
Aug. 07, 2019 |
Agency referral filed.
|