How to Respond to a Florida Department of Health Investigation?

Key Considerations for Healthcare Professionals

A frequent question asked by health care professionals who are faced with an investigation by their professional board and the Florida Department of Health (DOH) is whether or not to speak to the DOH investigator. The process begins when DOH sends a Medical Quality Assurance Investigator to speak with the licensee about the nature of the complaint made against them.

DOH Investigative Letter | What to Expect & Should You Even Respond?

• Initial Contact: Usually starts with a letter from DOH requesting the licensee either submit a written response to the allegations or be interviewed by an investigator, either by phone or in person.
• Response Deadline: The standard letter to a practitioner gives a deadline—usually between 20 and 45 days depending upon the license, to respond to the allegations.
• Common Mistakes:
  • Ignoring the letter completely.
  • Communicating with the investigator without the advice of an experienced health care attorney familiar with the DOH process.
• Potential Outcomes:
  • In rare instances, a response might resolve the matter.
  • In most situations, what you provide to the investigator can be used against you.
• Confidentiality:
  • Initial complaint investigations are confidential under Florida Law.
  • Once formal charges are filed in an “Administrative Complaint,” the allegations become public record.

Options if Served with an Administrative Complaint

If an Administrative Complaint is filed by DOH, the practitioner is served with a copy of the complaint. They are given 21 days to file a response, known as the Election of Rights (EOR) form. The options at this point usually are limited to:

• Informal Hearing: Admit to the truth of the allegations and argue for lesser penalties before your professional Board.
• Formal Hearing: Request a formal trial before an Administrative Law Judge (ALJ) to challenge the allegations.
• Waive Your Rights: Waive your rights to notice, object, or decide to challenge the case at all. (Our legal team at Howell, Buchan & Strong does not advise the latter as an option).
• Settlement Agreement:
  • Sometimes offered upfront by DOH.
  • An experienced attorney may be able to negotiate a better agreement.

Seeking Legal Counsel

• Importance of Legal Advice: A licensed health care provider should seek legal counsel at this point. Improper response or handling can result in possible revocation of one’s license.
• Disciplinary Sanctions:
  • Penalties range from fines, letters of guidance, reprimand, probation, community service, CME courses, and monitoring, to revocation of one’s license.
  • The Department of Health prosecutors recommend penalties, but the professional Board imposes the sanctions.

Role of an Experienced Health Care Attorney

• Administrative Process Assistance: An experienced health care license defense attorney can assist a practitioner throughout the administrative process.
• Document Review: The attorney will review all documents, evidence, and pertinent law to obtain the most reasonable terms with the Board for resolution of the case.
• Possible Dismissal: Working towards possible dismissal of the case or mitigating the damage by arguing for lesser penalties.

If you have received a notice of investigation or an administrative complaint from the Florida Department of Health or the Agency for Health Care Administration it is important to seek the advice of an attorney experienced in dealing with these government agencies.