Final order No AHCA9500646 Date 4 274s FILED Agency for Hulth Cam Adminimtion AGENCY CLERK IN RE THE PETITION FOR DECLARATORY Rs Power Agenc Clerk B dm STATEMENT OF STEPHEN ID: 818513
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AGENCY FOR HEALTH OF ME Final order No
AGENCY FOR HEALTH OF ME Final order No. AHCA-95-00646 Date 4 -274s FILED Agency for Hulth Cam Adminimtion AGENCY CLERK IN RE: THE PETITION FOR DECLARATORY R.s. Power, Agenc Clerk B~: dm& STATEMENT OF STEPHEN G. SACKEL, X.D. Deputy Agency ~krk Board of Florida Administrative considering the Declaratory Statement Sackel, Having considered the petition, the arguments the applicable otherwise fully Bo
ard makes following findings Petitioner
ard makes following findings Petitioner Stephen Sackel, the State Florida pursuant Florida Statutes. facts asserted 1988, Petitioner along with physicians, organized Florida limited partnership Ltd. (hereinafter each purchased equal amount stock in the corporate As of the date owns approximately the partnership the General in Ameriscan. Ameriscan was established to diagnostic imaging services would to the whose physicia
ns recommende such testing. Diagnostic i
ns recommende such testing. Diagnostic imaging 455.236(3)(d), Florida Statutes. order to the equipment to operate loan from a condition precedent money to Ameriscan, required each Ameriscan has been approached in purchasing the prospective purchasers have been able with the to the Partner selling Ameriscan, but release the shareholders loan. As a physician, Petitioner position to diagnostic imaging divest himself interes
ts in he has to the diagnostic imaging c
ts in he has to the diagnostic imaging center operated Ameriscan since September 30, 1994. wil continue to refrain from such referrals he has acceptably divested himself of interest in Ameriscan. Petitioner requests that Board of above stated facts state whether to Ameriscan is investment interest to Section 455.236(3)(k), is defined 455.236(3)(1), Florida Statutestand therefore results in being prohibited from re
ferring patients to the diagnostic imagi
ferring patients to the diagnostic imaging centr operated Ameriscan pursuant 455.235(4)(a), Florida Statutes. This Petition was Board of Medicine in dated March the Florida Administrative Weekly LAW this matter to Section 455.236(4)(b)4., Rule Chapter Administrative Code. in substantial compliance with the provisions of 455.236(3)(k), debt security entity including without limitation equity interests personal guar
anty Ameriscan needed order to business
anty Ameriscan needed order to business of providing designated health services the type creates a significant incentive to refer to Ameriscan. funds in Therefore, the Board hereby determines that guaranty of investment interest as 455.236(3)(k), Florida Statutes. 4. Subsection 455.236(3)(1), defines the owning a investment interest Clearly, Petitioner such time he divests himself of his in the General Partner that onc
e Petitioner the existence of his guaran
e Petitioner the existence of his guaranty would still constitute investment interest discussed above. 455.236(4)(a), provider for designated health services to in which Partnership, Petitioner in Ameriscan prohibited from referring patients As a loan, Petitioner therefore is prohibited from the provision designated health Medicine hereby determines that specific facts set forth the Petition loan to Ameriscan creates in
terest pursuant 455.236(3)(k), in Subs
terest pursuant 455.236(3)(k), in Subsection 455.236(3)(1), Florida Statutes, therefore prohibited the provision diagnostic imaging services because in Subsection 455.236(4)(a), This Final effect upon filing with the Health Care Administration. DONE AND 25 day of , 1995. BOARD OF MEDICINE L L,*fl. Y g. WINCHESTER, M. D. NOTICE OF PARTY WHO ADVERSELY AFFECTED SECTION 120.68, PROCEDURE. SUCH PROCEEDINGS FIL
ING ONE COPY NOTICE OF APPEAL WITH AGENC
ING ONE COPY NOTICE OF APPEAL WITH AGENCY FOR CARE ADMINISTRATION AND COPY, ACCOMPANIED THE FILING REQUIRED BY WITH THE DISTRICT COURT FILED WITHIN THIS FINAL HEREBY CERTIFY foregoing Final been provided Sackel, Boulevard, 15th Floor, Fort interests are purchased. The Bank Note does to the ~eneral selling its is unwilling to release the shareholders of the General Partner, including the Petitioner, from the
ir personal guaranties on the Note. 6.
ir personal guaranties on the Note. 6. JSmM* The Petitioner se& whether the 'th. Petitioner from the diagnostic imaging center operated (i) purchases all partnership interests Partnarship, including Partner; but (ii) tha Petitiony t continues to personally guaranty the Note outstanding fra tb. -' - part~rship to the ' m. Petitioner is an - investor (a8 defined in Section 455.236 (3) (1) Flo
rida Statutes) services (as defined in
rida Statutes) services (as defined in Section 455.236(3) (d) , Florida Statuterr) . Section 455.236(4) (a) provide.: health care .refer for the an entity care provider has an investment interest. The ~ct entity owning investment interest, including, without me investor within the meaning of 42 CFR Section 413.17, in an entity. The Act defines ninvestment interestn to equity or debt m\LIU\U.I\*lmm 3