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7

REDUCTION OF

YEAR-OLD CASES

Chapter 456, Florida Statutes, regulates licensed health care providers in the state of Florida. The Prosecution Services Unit (PSU) is

responsible for the review, recommendation and prosecution of alleged violations of practice acts by licensed health care providers.

Addressing disciplinary matters in a timely manner is a fair and just way of ensuring that the Department protects the public and serves

Florida’s licensed health care providers.

A top priority for PSU is to reduce the number of open cases that were either not heard before Division of Administrative Hearing (DOAH)

or not completed within one year of initial filing. Section 456.026, Florida Statutes, requires the

MQA Annual Report and Long-Range

Plan

to set out a description of the strategies and results of the efforts to reduce or otherwise close any investigation or disciplinary

proceeding not before DOAH under Chapter 120, Florida Statutes, or otherwise not completed within one year after the initial filing of a

complaint pursuant to section 456.026(8), Florida Statutes. PSU’s strategies and processes for addressing the one-year and older cases

included:

Compiling a comprehensive and accurate case list of all cases for the 28 boards and councils that the Department regulates that had

a case number of 2010 or older and focus legal resources on the oldest first.

Identifying the cases that had not been presented to the probable cause panel and prepare them for probable cause review with a

recommendation that the cases be prosecuted or closed.

Focusing on resolving the cases that had been presented to the probable cause panel, either with a settlement agreement or with a

referral to DOAH for the scheduling of a hearing.

Communicating the year-old case goals to each board and seek assistance in resolving the cases. If necessary, request special or

additional probable cause panel meetings to address older cases.

Customizing management reports for each team leader, closely monitor the progress being made toward achieving the goal and set

benchmarks throughout the year to ensure success.

At the end of 2013-2014 fiscal year, PSU had 1,250 cases that were more than one year old. At the end of 2014-2015 fiscal year, there

was a 13.5 percent reduction with 1,084 cases more than a year old.

Those one-year and older cases that can be litigated are being referred to DOAH as soon as possible. Those cases that can be resolved

through settlement with terms that are reasonable are being forwarded to the respective boards for resolution as soon as possible. PSU

will recommend the respective probable cause panels to close any cases that are one year and older, and cannot be proven by clear and

convincing evidence.

PSU is aware that the most effective way to protect Floridians and our visitors, and to fairly regulate the practice of health care

professions is through a timely resolution of all complaints. PSU’s plan for 2015-2016 fiscal year is to continue to resolve all pending

complaints as quickly as possible with a special emphasis on the resolution of older cases.