Spuza v. Dept. of Health,
No. 2D02-19 (Fla. Dist. Ct. App. Mar. 5, 2003)

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.