If you’re facing disciplinary action, license suspension, or regulatory penalties, your case may be referred to Florida’s Division of Administrative Hearings (DOAH). These hearings are formal legal proceedings that can hae serious consequences for physicians, nurses, clinics, and other healthcare providers.
At Di Pietro Partners, our healthcare law attorneys represent medical professionals and healthcare businesses in administrative hearings involving the Florida Department of Health (DOH), Agency for Health Care Administration (AHCA), Board of Medicine, and other regulatory bodies. Whether you’re defending your medical license, or challenging proposed agency action through the administrative hearing process, we provide aggressive and knowledgeable legal representation before DOAH and related tribunals.
What Is a DOAH Hearing?
The Division of Administrative Hearings (DOAH) is an independent tribunal that handles legal disputes between individuals or businesses and Florida state agencies. In the healthcare context, DOAH proceedings often involve:
- Medical license discipline or revocation
- Challenges to agency rules, audits, or fines
- Denials or restrictions of facility licenses
- AHCA or DOH investigations and sanctions
These are quasi-judicial proceedings, meaning they resemble court trials with witnesses, evidence, and legal arguments, and parties may be represented by counsel or another qualified representative.
Florida Healthcare Administrative Hearings: Key Takeaways
- Florida healthcare providers may have the right to request an administrative hearing when a state agency proposes action affecting their license, business, or other substantial interests.
- DOAH hearings can involve the Florida Department of Health, AHCA, professional licensing boards, and other healthcare regulatory bodies.
- Administrative hearing deadlines can be short, and the notice of agency action will generally explain the procedure and deadline for requesting a hearing.
- Formal DOAH proceedings may involve evidence, witness testimony, cross-examination, expert testimony, and legal argument before an Administrative Law Judge.
- Depending on the matter, the case may be resolved through negotiation, an informal proceeding, a formal hearing, or a final agency order.
- Di Pietro Partners represents healthcare professionals and healthcare businesses in Florida administrative and regulatory disputes, including DOAH proceedings.
When Are Administrative Hearings Required?
You may be entitled to a DOAH hearing if you’ve received:
- An administrative complaint from the Department of Health
- A notice of intent to deny, suspend, or revoke your license
- A notice of proposed agency action that affects your substantial interests
- An AHCA administrative complaint, notice of intent, or other proposed action involving penalties or licensure
- A formal administrative complaint issued after a probable cause determination
Formal vs. Informal Administrative Hearings
Florida administrative proceedings generally follow different procedures depending on whether there are disputed issues of material fact.
Formal Hearings: When material facts are disputed, the matter generally proceeds under Florida Statute § 120.57(1). These proceedings are typically conducted by an Administrative Law Judge and may involve witness testimony, cross-examination, documentary evidence, expert testimony, legal argument, and a recommended order.
Informal Hearings: When there are no disputed issues of material fact, the matter may proceed under § 120.57(2). These proceedings are generally more limited and focus on the legal or policy grounds for the agency’s proposed action rather than resolving contested factual issues.
If a disputed issue of material fact arises during an informal proceeding, Florida law generally requires the matter to proceed under the formal-hearing procedures unless the parties waive that requirement.
Common Types of DOAH Cases We Handle
We defend healthcare professionals in a wide range of administrative cases, including:
- Physician license revocation or suspension
- Complaints to the Board of Medicine or Board of Nursing
- AHCA actions against healthcare facilities
- Florida Medicaid fraud, overpayment, or billing-audit disputes that result in agency action
- Denials of license renewals or applications
- DOH or board disciplinary matters arising from credentialing or peer review issues
- State healthcare regulatory compliance violations
We also represent professionals in informal hearings, formal hearings, and negotiated resolutions with state agencies.
Our Approach to Administrative Defense
- Early Intervention: We help clients respond to notices and complaints promptly to preserve their rights and limit exposure.
- Pre-Hearing Negotiation: Our team often resolves matters through informal resolution before reaching a formal administrative hearing.
- Hearing-Ready Defense: When formal hearings are unavoidable, we build a comprehensive legal strategy with expert testimony, document review, and evidentiary support.
- Medical Insight: With a board-certified physician on staff, we understand the clinical, professional, and regulatory implications of your case.
Why Hire Di Pietro Partners?
- Experienced in DOAH Litigation: We have years of experience representing healthcare providers in administrative hearings across Florida.
- Healthcare Law Focus: We understand both the law and the practice of medicine; a rare combination critical in these cases.
- Multidisciplinary Support: Our team includes litigators, healthcare law attorneys, and a board-certified cardiologist.
- Reputation & Results: We’ve helped physicians, surgeons, nurses, and facility owners keep their licenses and practices intact during some of the most difficult times in their careers.
Frequently Asked Questions
What happens if I don’t respond to a DOAH notice?
Failing to timely request an administrative hearing can result in dismissal of the hearing request and waiver of the right to challenge the proposed agency action through that proceeding. The agency may then be able to proceed with final action based on the existing record. Contact an attorney immediately if you’ve received notice.
Can I continue practicing while my hearing is pending?
In many cases, yes, if your license remains active and has not been suspended, restricted, or otherwise limited by the agency. However, Florida law allows agencies to issue emergency suspension, restriction, or limitation orders when they determine that immediate action is necessary to protect the public health, safety, or welfare. We help clients preserve their ability to work during the process.
Are DOAH hearings public?
Generally, formal DOAH proceedings and case records are public, unless a statute, rule, or protective order requires certain information to remain confidential. Medical records, patient-identifying information, and other legally protected information may be redacted or otherwise protected from public disclosure.
Do I need a lawyer for a DOAH hearing?
No. Florida law does not require you to hire an attorney for a DOAH hearing. However, these proceedings can involve formal rules of evidence and procedure, witness testimony, cross-examination, legal argument, and potentially serious licensing or regulatory consequences. Because the agency will often be represented by counsel, healthcare professionals should strongly consider having an experienced administrative or healthcare attorney represent them as well.
Q. What agencies are involved in healthcare DOAH cases?
Common agencies include:
- Department of Health (DOH)
- Professional licensing boards supported by DOH, including the Board of Medicine/Nursing
- Agency for Health Care Administration (AHCA)
- Department of Children and Families (DCF) – in certain behavioral health and substance use disorder matters
Contact Our Florida Healthcare Lawyers for DOAH Hearings and Administrative Defense
A Florida administrative complaint or DOAH hearing can put your professional license, reputation, and ability to practice at risk. Deadlines are often short, and the decisions made at the beginning of the case can shape the entire proceeding.
Di Pietro Partners represents physicians, healthcare professionals, medical practices, and healthcare businesses in administrative matters involving the Florida Department of Health, AHCA, the Board of Medicine, and other regulatory bodies. Our attorneys assist with hearing requests, agency negotiations, evidence preparation, witness strategy, and formal proceedings before the Division of Administrative Hearings.
Early legal involvement can help preserve your rights, avoid procedural mistakes, and position the case for the strongest possible outcome.
Contact Di Pietro Partners for a confidential consultation with a Florida healthcare attorney experienced in DOAH and administrative defense.
