Florida Department of Health Investigations

Experienced Defense Counsel for Health Care Professionals Facing Florida Department of Health Investigations

Facing an investigation from the Florida Department of Health presents substantial risks. These Florida Department of Health investigations can target a wide range of allegations—and, depending on the allegations you are facing, your professional license could be in jeopardy.

We defend licensed health care professionals who are facing Florida Department of Health investigations statewide. Our defense team is led by experienced attorneys. With deep experience on both sides of high-stakes investigations targeting health care fraud and other DOH complaints against healthcare professionals, Our attorneys are trusted advocates for doctors and other licensed professionals whose livelihoods are on the line.

What to Expect During a Florida Department of Health Investigation
If you have been contacted by an investigator from the Florida Department of Health, it will be important for you to know what to expect in the days and weeks ahead. With this in mind, here is a brief overview of how a typical Florida Department of Health case will proceed:

Complaint and Preliminary Investigation – Florida Department of Health investigations are often triggered by a complaint from a patient, family member, or current or former staff person. When the department receives a complaint, it will conduct a preliminary investigation to assess the validity of the complainant’s allegations and determine whether further scrutiny is warranted under Florida law.

Issuance of an Investigative Letter – If the department decides to investigate further, it will issue an Investigative Letter to the targeted health care provider. In most cases, receiving an Investigative Letter will be the first indication that you are being investigated. Since the Florida Department may already have evidence to substantiate the allegations against you, it is imperative that you act promptly and seek legal counsel.

Issuance of a Subpoena – Along with issuing an Investigative Letter, the department may also issue a subpoena. A subpoena is a formal, and legally enforceable, request for you to provide documents or testimony (or both) to the Florida Department of Health. If you have been served with a subpoena, you should review it thoroughly and discuss it with experienced health care attorney as soon as possible.

Deadline(s) to Respond – Your Investigative Letter and your subpoena (if you receive one) will both have deadlines to respond. While you aren’t legally required to respond to an Investigative Letter, you will generally need to do so in order to avoid unnecessary disciplinary action. The deadline to respond to an Investigative Letter is typically between 20 and 45 days; however, preparing an effective written response takes time, and it will be important to begin working on your response with your legal counsel right away.

Continued Investigation by the Florida Department of Health – While you are preparing your responses, and after you submit them, the department’s investigation will continue. The investigative process typically involves talking to witnesses, reviewing records, taking sworn statements, and gathering evidence through various other means. Although you must respond to your subpoena if you receive one, you must also be very careful not to unnecessarily provide any information that the Florida Department of Health may be able to use to target your professional license.

Communications Between the Target (or the Target’s Counsel) and the Investigator – When you are under investigation by the Florida Department of Health, it is critical to play an active role in the investigative process. Your legal team should be in communication with the DOH investigator on a regular basis—with the parallel purposes of preventing overreach and steering the process toward a favorable resolution.

Resolution Without Charges or Issuance of an Administrative Complaint – Broadly, a Florida Department of Health investigation can have two outcomes: (i) it can conclude without further action; or, (ii) it can result in the issuance of an Administrative Complaint. If the department issues an Administrative Complaint, this means that you are at risk of facing disciplinary action, and you will need to continue defending yourself through the next stages of the process.

If the Florida Department of Health issues an Administrative Complaint following your investigation, you will have 21 days to file an Election of Rights. This is your statement of intent regarding how you wish to proceed. Aside from waiving your rights and accepting whatever punishment the Florida Department is prepared to issue, your three primary options at this stage are to:

Request an Informal Hearing – One option is to request an informal hearing before your professional board. If you receive an Administrative Complaint following your Florida Department of Health investigation, our attorneys can help you decide whether this is the best option under the circumstances at hand.

Request a Formal Hearing – Another option is to request a formal hearing before an administrative law judge (ALJ). This is a quasi-judicial proceeding akin to a “mini trial,” during which your legal counsel and the Florida Department of Health will present evidence to the ALJ. The administrative law judge will then issue a binding decision (which may be subject to appeal).

Target a Settlement Agreement – If you are unlikely to achieve a favorable result through an informal or formal hearing, targeting a settlement agreement may be your best option. If it makes sense to settle your case, our attorneys can negotiate on your behalf in an effort to achieve an agreement that protects your license, your reputation, and your ability to practice under Florida law.

Regardless of the allegations against you, and regardless of the true facts at hand, you will need to defend yourself effectively to avoid unnecessary consequences. If you are facing a Florida Department of Health investigation, we encourage you to contact us promptly for more information.

How Our Defense Team Can Help
We provide comprehensive, strategic, and results-oriented defense representation for health care professionals who are facing Florida Department of Health investigations. If you are under investigation, our attorneys can provide representation that includes:

• Reviewing your Investigative Letter and subpoena to assess the allegations against you and your response obligations.
• Conducting an independent, attorney-client privileged assessment to determine your level of risk in the Florida Department of Health’s investigation.
• Preparing your written response to the Investigative Letter and your subpoena (if you received one), including challenging any issues with the subpoena itself.
• Communicating with the department’s investigators on your behalf throughout the investigative process, with the goal of resolving the investigation without an Administrative Complaint if possible.
• If you receive an Administrative Complaint, helping you evaluate your options and decide how to proceed under the circumstances at hand.
• Representing you at your informal hearing, formal hearing, or settlement agreement negotiations if necessary.
• If you request a hearing and face professional discipline as a result, assessing your options for challenging the outcome of the hearing and helping you evaluate your next steps.

It is important to note that time is often of the essence in these situations. As we discussed above, by the time you receive an Investigative Letter, the department’s investigation could already be well underway. Our attorneys can intervene in your Florida Department of Health investigation on an emergency basis if necessary; and, in any case, we will work diligently to target a favorable resolution on your behalf as efficiently and quietly as possible.

FAQs: Facing a Florida Department of Health Investigation as a Licensed Health Care Professional

Why Am I Under Investigation By the Florida Department of Health?
The Florida Department of Health investigates licensed health care professionals for a variety of reasons. If you are being investigated, figuring out why will be a key first step toward building a successful defense.

What Are the Risks of Facing a Florida Department of Health Investigation for Licensed Health Care Professionals?
Facing a Florida Department of Health investigation can present substantial risks for licensed healthcare professionals. Depending on the allegations at issue, your professional license could be in jeopardy, and the public record of the DOH website may reflect formal charges or other negative outcomes.

Do I Need to Respond to a Florida Department of Health Investigation?
While you can legally ignore a Florida Department of Health investigation if you choose to do so, this is not an advisable approach. To protect your professional license, you will need to take a proactive approach and seek legal counsel at all stages of the process.

Can I Lose My Medical License As the Result of a Florida Department of Health Investigation?
Whether your license is at risk during a Florida Department of Health investigation depends on the nature and severity of the allegations against you. However, the general answer to this question is “Yes”—it is possible to lose your professional license due to probable cause or other findings.

Do I Need an Attorney if I Am Under Investigation By the Florida Department of Health?
While not legally required, hiring an attorney to represent you during your Florida Department of Health investigation is strongly recommended. At Oberheiden P.C., we have extensive experience helping health care professionals protect their licenses, and we can get to work on your case immediately if necessary.

Schedule a Complimentary and Confidential Consultation at Oberheiden P.C.
Are you facing a Florida Department of Health investigation? If so, we encourage you to consult our office promptly. To schedule a complimentary and confidential consultation with a senior medical license defense attorney at Oberheiden P.C., please call 888-680-1745 or contact us online today.