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INDEX North Valley Diagnostic Services, Inc. and Kevin Do, M.D.
Exhibit # Document File Date
1 USA v. Kevin T. Do, M.D., Case #: CRS-02-0338 GEB 8/8/2002
2 USDC USA v. Kevin T. Do Pleads Guilty 8/26/2003
3 Kevin T. Do Imprisonment 10/15/2003
4 Supervised Release, Standard & Special Conditions
5 Department of Health Services Notice of Suspension from Medi-Cal program
Mailed 2/20/2003
6 DIR Determination and Order RE: Suspension; Case #: AD PS-17-12 10/19/2018
7 SOS Articles of Incorporation North Valley Diagnostic Services, Inc. 9/28/2011
8
CA Secretary of State (SOS) Statement of Information North Valley Diagnostic Services, Inc., shows Kevin Do as a Director 9/24/2015
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
DETER INATION AND ORDER
SUSPENSION
STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL R DIVISION OF WORKERS' COMPE
BEFORE THE ADMINISTRATIVE
The Administrative Director of the Division of Workers'
any physician, practitioner, or provider from participating in the
physician, practitioner, or provider if the individual or entity meets
Labor Code section 139.21(a)(1).
Based upon a review of the record in this case, including
Determination and Order re: Suspension of the designated Hearin
finds that Respondent Kevin Do, M.D., meets the criteria for susp
139.21(a) and shall be suspended from participating in the
physician, practitioner, or provider. Pursuant to California C
9788.3(d), the Administrative Director hereby adopts and i
recommended Determination and Order re: Suspension of the
hereto, as the Administrative Director's Determination and Order r
In Re: PROVIDER SUSPENSION
KEVIN DO, M.D., Respondent.
LATIONS SATION
IRECTOR
se No. AD P5-17-12
ompensation is required to suspend
workers' compensation system as a
any of the express criteria set forth in
the October 10, 2018 recommended
Officer, the Administrative Director
nsion set forth in Labor Code section
orkers' compensation system as a
de of Regulations, title 8, section
corporates the October 10, 2018
esignated Hearing Officer, attached
: Suspension.
IT IS HEREBY ORDERED that Kevin Do, M.D., is he •eby suspended from participating in
the workers' compensation system as a physician, practitioner. ovider.
Date: October 19, 2018
GEORG PA Admin'strativ Division of W
SO I 10 Director rkers' Compensation
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Detenn nation and Order re: Suspension
STAIE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RE TIONS
DIVISION OF WORKERS' COMPE ATION
BEFORE TIIE ADMINISTRATIVE DI CTOR
In Re: PROVIDER SUSPENSION
Case No. I PS4742
Kevin Do, M.D., DEIE, I NATION AND
ORDE • RE: SUSPENSION Respondent.
A hearing was held in the above-captioned matter on let 3, 2018 pursuant to LC
§ 139.21(b) (2). This is the undersigned Hearing Officer's R commended Determination
and Order Re: Suspension pursuant to Title 8 California Code of Regulations § 9788.3(c).
The parties submitted briefs with attached exhibits. The att ched exhibits are itemized
Respondent argued the suspension provisions of LC § 139. 1 are impermissible for the
reasons stated in their brief which are:
1. Dr. Do is not currently suspended form the practice of medicine and therefore this
statute is inapplicable to him.
2. The Administrative Director violated and continues to
amendment procedural due process rights under the U
language of the statute by prematurely suspending hi
3. The Administrative Director failed to provide mand
hearings as set forth in LC 139.21 prior to suspendin
name on the WCAB website prior to a hearing.
4. There is unrefuted evidence that Di. Do's premature "s
to his procedural due process rights has deprived hi
right to a hearing in violation of the U.S. Constitution.
5. The application of LC 139.21 is a violation of ex post f
6. Dr. Do's ability to collect on validly incurred medic
passage of LC 139.21, which have no connection to hi
a "taking" without just compensation.
7. The services provided preceded the enactment of L
actual evidence that his inability to collect medical exp
iolate Dr. Do's 5th and 14th
Constitution and the plain
prior to a hearing.
tory notice and right to a
Dr. Do and publishing his
spension" without adhering
I "property" without the
cto.
I bills incurred prior to the
2003 conviction constitute
139.21 and thus there is
nses for services rendered
prior to January 2017 violates ex post facto and due process.
EXHB1TS .
—DIFIFARC
DI R'S 1 Letter from the Governor regarding the signing of A 1422.
DIR 'S 2 Information and minute order in United States of A
Case No. CRS-02-0338 before the United States District Co
California.
erica v. Kevin T. Do, M.D.,
rt for the Eastern District of
2
DIR'S 3 List of DIR Suspension Activities.
DIR 'S 4 Medi-Cal Suspension Letter.
DIR 'S 5 Department of Health Care Services Medi-Cal List if Ineligible and Suspended
Providers.
DIR 'S6 Amended Notice of Provider Suspension.
RESPONDENT
DR. Do's A, Decision from the Medical Board of California sated November 16, 2005,
With attachments.
DR. Dos ,B, Summary of Administrative Actions before the edical Board of California
dated January 2006.
DR. Do's C, Printout from the Department of Industrial R lations ' Website regarding
Criminally Charged Providers Whose Liens Are Stayed.
DR. Do's D, Letter from Chavez & Breault dated Februa y 27, 2017, with attached
documents.
DR. Do's E, Petition to Strike DOR of Liberty Medical Group.
DR. Do's F, Handwritten notations regarding hearing notes nd other documents.
Exhibits 1-6, and A-F are ordered admitted into evidence.
3
FACTS
Heath Care Fraud, Aiding
20/2003, Respondent was
ime. (Ex 4) Respondent's
e was placed pn probation,
s to practice medicine. (Ex
suspended from the Medi-
Respondent Kevin Do, M.D. was convicted on 8/15/2003 o
and Abetting in violation of 18 USC 1347.2. (Ex 2) On
suspended from the Medi-Cal Program for an indefinite
medical license was suspended by the medical board and
but at present, his medical license is current and he continu
A, Rep. Brief P.4 L1-13) ) Respondent is currently indefinitel
Cal Program. (Ex 6)
On 8/25/17, Respondent was served a Notice of Provider S
for a hearing was made 8/30/1.7. (MOH P. L13-L15) The
received on 9/6/2018, and a hearing scheduled for 10/4/2
9788.3(a). Prior to the hearing a request for continuance
attorney and the matter was rescheduled. This Was follow
continuances with the matter ultimately being set for hearing
spension. A timely request
request for a hearing was
18, as required by Reg. §
as made by Respondent's
d by multiple requests for
on 10/3/2018.
DETERMINATION
Labor Code section 139.21(a) (1)(A) and (B) applies to Respondent Kevin Do, M.D.
As a result, the Administrative Director is required to imme lately suspend respondent
pursuant to Labor Code section 139.21(b)(2).
BASIS FOR DETERMINATION
Both respondent and the AFU have submitted briefs whip have been reviewed and
considered by the court. AFU has also submitted a Request or Judicial Notice regarding
Exhibits 1,3,4,5 pursuant to EC § 452(c) and Ex 2, pursuan to EC § 452(d). All Exhibits
4
rty. The Court also grants
5 pursuant to EC §§ 452(c)
have been admitted as no objections were made by either p
the Request for Judicial Notice and admits the AFU Exhibits 1
and (d).
to the imposition of a
x post facto, and a taking
to determine constitutional
he status of Respondent's
ant to this proceeding. The
e suspension provisions of
he workers' compensation
• Respondent has made several constitutional challenge
suspension. These include violations of due process and
without compensation. This Court does not have jurisdiction
issues, and therefore these issues will not be addressed.
unpaid bills for medical services is not at issue and not rele
issue to be addressed is whether Respondent comes within t
LC 139.21(a)(1)(A), such that he must be suspended from
system.
LC 139.21 includes the following provisions:
(a)
(1) The administrative director shall promptly suspend,
any physician, practitioner, or provider from pa
compensation system as a physician, practitioner, o
entity meets any of the following criteria:
ursuant to subdivision (b),
icipating in the workers'
provider if the individual or
(A) The individual or entity has been convicted of any felony or misdemeanor and
that crime comes within any of the following des iptions:
(i) It involves fraud or abuse of the federal Medi are or Medicaid programs,
the Medi-Cal program, or the workers',comp nsation system, or fraud or
abuse of any patient.
(ii) It relates to the conduct of the individual's m dical practice as it pertains
to patient care.
(iii) It is a financial crime that relates to the fe eral Medicare or Medicaid
programs, the Medi-Cal program, or the work rs' compensation system.
Qv) it is otherwise substantially related to the ualifications, functions, or
duties of a provider of services.
(3) The individual or entity has been suspended, du o fraud or abuse, from the
federal Medicare or Medicaid or the Medi-Cal pro ram.
The Administrative Director is required to suspend a physic'an, practitioner, or provider
from participating in the workers' compensation system if th
provider had been convicted of a crime described in LC §
dispute that Respondent has been convicted of Heath Care
in violation of 18 USC § 1347.2, (Exh 1) This is a crime des
(A) (i), (iii) and (iv). The factual findings in the Decision of th
factual background to Respondents criminal conviction. (Ex
. that respondent was involved in a scheme to defraud Medi-
the scherne, thus the crime involved fraud of the Medi-Cal
crime relating to the Medi-Cal program satisfying LC § 139.2
t physician, practitioner, or
39.21(a)(I)(A). There is no
Fraud, Aiding and Abetting
ribed in LC § 139.21(a) (1)
Medical Board provide the
) The Medical Board found
al and received funds from
rogram and was a financial
(a)(1)(A)(1) and (iii). (Exh A)
The Medical Board also made a finding that the crime was substantially related to the
qualifications; functions and duties of a licensed physician nd surgeon, thus the crime
meets the criteria of LC § 139.21 (a)(1)(A)(iv). (Ex A) Base on respondent's conviction
he is subject to suspension form the workers' compensation ystem.
6
Respondent was also suspended form the Medi-Cal prog
suspended. (Exh 4, and 5) As Respondent is currently sus
program LC § 13921 (a) (1) (B) requires that he be sus
compensation system.
m in 2003, and remains
ended from the Medi-Cal
ended from the workers'
LC § 139.21 (a) (1) indicates the administrative director shall promptly suspend a
prwsician, practitioner or provider tithe criteria for suspensio are met. LC 139.21 (a) (1)
(A) and (B) are applicable to Respondent and therefore he must be suspended form the
workers' compensation system.
practice of medicine, and
without merit. A physician
even though their actual
nly come within the criteria
Respondent argues he is not currently suspended form th
therefore the statute is not applicable to him. This argument i
may be suspended from the workers' compensation syste
license to practice medicine is still valid. Respondent need
for suspension found in LC § 139.21(a) (1).
Respondent also argues the administrative director violated
rights by prematurely suspending him prior to his hearing,
director failed to provide mandatory notice and right to a hea
and publishing his name on the WCAB website prior to a h
based on the facts. Respondent was not suspended by
Respondent was served notice that he would be .suspende
mailing of the notice. Respondent then made a timely reque
(b) (2) indicates that a request for hearing will stay the
Respondent was never suspended, and any argument bas
prior to this date is factually incorrect. Respondent made a
respondents' due process
nd that the administrative -
ing prior to suspending him
aring. This argument is not
he Administrative Director.
30 days from the date of
for a hearing. LC § 139.21
suspension. Quite simply
d on his being suspended
equest for a hearing, and a
7
hearing was scheduled. Multiple continuances have occurr
remained stayed until the present In the list of suspended p
Respondent is referring to, it is noted that Respondent'
suspension. (Ex 3) Because Respondent requested a h
stayed, and he was never suspended. Respondent is fully a
their brief. (Resp Brief, P4, L13-14)
d, but the suspension has
ysicians on the DIR website
as appealed the notice of
aring, the suspension was
are of this, and notes this in
Respondent argues the Administrative Director failed to pro
right to a hearing prior to suspending Respondent and publis
website prior to a hearing. The list Respendent referred to i
criminally charged providers whose liens are stayed pursu
previously noted, Respondent was given notice, and is
suspension. As to inclusion on the DIR list, respondent is c
charged providers whose liens are stayed, (Ex C), with th
been suspended. (Ex 3) These are two different lists. R
criminally charged providers whose liens are stayed pursua
was charged with a crime. The DIR is required to publish
providers whose liens are stayed by federal court ord
Management Billing, inc., et al. v. Christine Baker, et at (C.
EDCV-17-965-GW (DTBX)) [tionpubsord.]
ide mandatory notice and a
ing his name on the WCAB
their brief is the DIR list of
nt to LC 4615. (Ex C). As
having a hearing prior to
nfusing the list of criminally
list of providers who have
spondent is on the list of
t to LC § 4615 because he
e list of criminally charged
r. (See Vanguard Medical
. dad Dec. 22, 2017, No.
Respondent's also argues the premature suspension witho
him of property without the right to a hearing in violation of th
will not address whether there is a constitutional violation,
t due process has deprived
US Constitution. This court
but will point out again that
8
Respondent argues the application of LC 139.21 is a
Respondent also argues the inability to collect on validly in
prior to the passage of LC 139.21, which have no connec
constitute a "taking" without just compensation, and the se
enactment of LC 139.21 and thus there is actual eviden
medical expenses for services rendered prior to January 201
iolation of ex post facto.
urred medical bills incurred
ion to his 2003 conviction,
ices provided preceded the
that his inability to collect
7 violates ex post facto and
due process. The constitutional issues will not be addressed, but it should be noted that
the status of any of respondent's bills for service or lie
proceeding. Respondent retains the right to seek collection
dismissed but stayed pending commencement of lien consoll
to LC §4615(b), and LC § 139.21 (e).
Respondent has been convicted of a crime that meets the
139.21 (a) (1) (A) (i), (iii) and (iv), and is also suspended
meeting the criteria of LC 139.21 (a) (1) (B). The immediat
from the workers' compen,sation system is required pursuan
s are not at issue in this
f his bills, and they are not
ation proceedings pursuant
riteria for suspension in LC
rom the Medi-Cal program
suspension of respondent
to LC 139.21(b) (2).
ORDER
IT IS ORDERED that Kevin Do is hereby suspended from
compensation system as a physician, practitioner, or provid
DATE: October 10, 2018
articipating in the workers'
WCJ William E. Gunn
Hearing Officer
9
Alex Padilla
California Secretary of State
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C3416750 NORTH VALLEY DIAGNOSTIC SERVICES INC.
Registration Date: 09/28/2011
Jurisdiction: CALIFORNIA
Entity Type: DOMESTIC STOCK
Status: ACTIVE
Agent for Service of Process: FRANK MAFFEI
670 SAN FERNANDO MISSION BLVD #D
SAN FERNANDO CA 91340
Entity Address: 670 SAN FERNANDO MISSION BLVD #D
SAN FERNANDO CA 91340
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SAN FERNANDO CA 91340
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EXHIBIT 7
EXHIBIT 8
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SState of CaliforniaSecretary of State
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DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE
SI-200 (REV 01/2013) APPROVED BY SECRETARY OF STATE
F836207
FILEDIn the office of the Secretary of State
of the State of California
NORTH VALLEY DIAGNOSTIC SERVICES INC.
SEP-24 2015
C3416750
670 SAN FERNANDO MISSION BLVD UNIT D, SAN FERNANDO, CA 91340
670 SAN FERNANDO MISSION BLVD UNIT D, SAN FERNANDO, CA 91340
FRANK MAFFEI 13701 SHABLOW AVENUE, SYLMAR, CA 91342
FRANK MAFFEI 13701 SHABLOW AVENUE, SYLMAR, CA 91342
FRANK MAFFEI 13701 SHABLOW AVENUE, SYLMAR, CA 91342
ELSA MAFFEI 13701 SHABLOW AVENUE, SYLMAR, CA 91342
FRANK MAFFEI 13701 SHABLOW AVENUE, SYLMAR, CA 91342
KEVIN T DO 4028 SUNSWEPT DRIVE, STUDIO CITY, CA 91604
FRANK MAFFEI
13701 SHABLOW AVENUE, SYLMAR, CA 91342
MEDICAL DIAGNOSTIC TESTING
09/24/2015 FRANK MAFFEI PRES