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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


Entity Mailing Address: 670 SAN FERNANDO MISSION BLVD #D


A Statement of Information is due EVERY year beginning five months before and through the end of September.

PDF

SI-COMPLETE 12/06/2018

SI-COMPLETE 05/29/2018

REGISTRATION 09/28/2011

Document Type File Date

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EXHIBIT 7

EXHIBIT 8

of 1

SState of CaliforniaSecretary of State

Statement of Information (Domestic Stock and Agricultural Cooperative Corporations)

FEES (Filing and Disclosure): $25.00.

If this is an amendment, see instructions.

IMPORTANT – READ INSTRUCTIONS BEFORE COMPLETING THIS FORM

1. CORPORATE NAME

2. CALIFORNIA CORPORATE NUMBER This Space for Filing Use Only

No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.)

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If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary

of State, check the box and proceed to Item 17.

Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.)

4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE

5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE

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13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY:

Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street

address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank.

14. NAME OF AGENT FOR SERVICE OF PROCESS

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Type of Business

16. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION

17. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATIONCONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT.

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



ELSA 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

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