Opinion
No. 3D01-3519.
April 24, 2002. Rehearing Denied May 17, 2002.
An Appeal from the Florida Department of Health, Agency for Health Care Administration.
May Cohen, P.A., and Jon May (Fort Lauderdale), for appellant.
Pamela H. Page (Tallahassee), for appellee.
Before JORGENSON, SHEVIN, and SORONDO, JJ.
Raphael Arwas appeals from an "Order of Emergency Suspension of License." We affirm.
On December 19, 2000, Dr. Arwas pled guilty to one count of organized scheme to defraud Medicaid and one count of employing unlicensed individuals to perform dental procedures. The charges stemmed from his practice of recruiting and picking up teenagers and children who were Medicaid recipients; having an unlicensed employee perform dental procedures on them in exchange for fast food and $5.00; and then billing Medicaid. He was sentenced to two years of community control and three years of probation, and ordered to pay costs and restitution.
On December 13, 2001, the Department of Health suspended his license pursuant to section 456.074, Florida Statutes (2001), and section 120.60(6), Florida Statutes (2001). Dr. Arwas appeals the order of emergency suspension.
On January 8, 2002, the Department filed an administrative complaint seeking revocation or suspension of Arwas' license and imposition of fines based on the same facts as the emergency suspension.
We affirm, as the order was proper pursuant to section 120.60(6), which provides that the agency may issue an order of emergency suspension if it finds an "immediate serious danger to the public health, safety, or welfare. . . ." We do not reach the remaining points on appeal.
AFFIRMED.