The
Florida Court of Appeal reversed a decision by the Department of Health revoking
the license of a physician who was convicted of receiving kickbacks in exchange
for Medicare referrals and for conspiring to defraud the United States. The
Department held an informal proceeding prior to making its decision. It refused
the physician's "requests for a formal hearing, finding no dispute of material
fact because it had a copy of the physician's conviction." The physician
argued that there was a material dispute over whether his conviction was "related
to the practice of medicine" and thus grounds for revoking his license.
The Appeals Court agreed with the physician and remanded the case to the Department
of Health with directions to proceed with a formal hearing and the appointment
of an administrative law judge.