STATE OF FLORIDA BOARD OF NURSING. vs. Case No.: License No.: CNA LUIS D. MARIN, FINAL ORDER

Transcription

1 STATE OF FLORIDA BOARD OF NURSING Final Order No. DOH , By: FILED DATE - Department of Health A.4.12/ Demi aencv Clerk - MQA l?(s94 X I DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: License No.: CNA LUIS D. MARIN, Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF NURSING (Board) pursuant to Sections and (4), Florida Statutes, on June 7-9, 2017 in Tampa, Florida, for the purpose of considering a settlement agreement (attached hereto as Exhibit A) entered into between the parties in this cause. Upon consideration of the settlement agreement, the documents submitted in support thereof, the arguments of the parties, and being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that the settlement agreement as submitted be and is hereby approved and adopted in toto and incorporated herein by reference. Accordingly, the parties shall adhere to and abide by all the terms and conditions of the settlement agreement. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. Case No

2 DONE AND ORDERED this2/1.9/ day of BOARD OF URSING Joe B Execu JODY B Chair e Direc or or ANT NE i AN EdD, EdS, CERTIFICATE OF SERVICE I HEREBY CERTIFY thate and cyraect copy of the foregoing Final Order has been provide byṛ p.s. ail to: LUIS D. MARIN, North Bay Road, Apt. 409, Sunny Isles, FL 33160; and Register N: , FCI Miami-Federal Correctional Institution, P.O. Box , Miami, FL and Collins, Unit 1006, Sunny Isles, FL 33160; and by to: Matthew Witters, Assistant General Counsel, Department of Health at Matthew.Witters@flhealth.gov, and to Diane L. Guillemette, Assistant Attorney General, 'WA Diane.guillemette@myfloridalegal.com, this aag day of at Certified Article Number SENDERS RECORD Wilin".1 1"0" Luis D. Marin North Bay Road Apt 409 Sunny Is es, FL Certified Article Number SENDERS RECORD phhihw Luis D. Marin Collins Unit 1006 Sumn)y Isles, FL eptx- Deputy Agency Clerk Certified Article Number SENDERS RECORD ii i i'l l "1"111111" ' " Luis D. marin DC No Register N: FCI Miami-Federal Correctional Institution P.O. Box Miami, FL 33177

3 DEPARTMENT OF HEALTH, PETITIONER, STATE OF FLORIDA DEPARTMENT OF HEALTH v. CASE NO LUIS D. MARIN, C.N.A., RESPONDENT. SETTLEMENT AGREEMENT Pursuant to Section (4), Florida Statutes, the above named parties hereby offer this Settlement Agreement (Agreement) and agree to entry of a Final Order of the Board of Nursing (Board) incorporating this Agreement as disposition of the Administrative Complaint, in lieu of any other administrative proceedings. The terms herein become effective only if and when a Final Order accepting this Agreement is issued by the Board and filed with the Department of Health Agency Clerk. In considering this Agreement, the Board may review all materials gathered during the investigation of this case. If this Agreement is rejected, it, and its presentation to the Board, shall not be used against either party. 1

4 STIPULATED FACTS 1. At all times material to this matter, Respondent was a certified nursing assistant (C.N.A.) in the State of Florida holding license number The Department charged Respondent with an Administrative Complaint that was properly served upon Respondent with violations of Chapters 456 and/or 464, Florida Statutes. A true and correct copy of the Administrative Complaint is attached hereto and incorporated by reference as Exhibit A. 3. Respondent neither admits nor denies the factual allegations contained in the Administrative Complaint. STIPULATED LAW 4. Respondent admits that he is subject to the provisions of Chapters 456 and 464, Florida Statutes, and the jurisdiction of the Department and the Board. 5. Respondent admits that the stipulated facts, if proven true, constitute violations of Chapter 456 and/or 464, Florida Statutes as alleged in the Administrative Complaint. 2

5 6. Respondent agrees that the Agreement is a fair, appropriate, and reasonable resolution of this pending matter. PROPOSED DISPOSITION 7. Respondent's license is revoked. Within 30 days the Respondent shall return his license to DOH-Compliance Management Unit, 4052 Bald Cypress Way, Tallahassee, Florida , Attention: Nursing Compliance Officer, or shall surrender the license to an investigator of the Department of Health. The Respondent's employer shall immediately be informed of the revocation in writing from the Respondent with a copy to DOH-Compliance Management Unit, 4052 Bald Cypress Way, Tallahassee, Florida , Attention: Nursing Compliance Officer. 8. The Respondent shall not violate Chapter 456 or 464, Florida Statutes, the rules promulgated pursuant thereto, any other state or federal law, rule, or regulation relating to the practice or the ability to practice nursing. Violation of an order from another state/jurisdiction shall constitute grounds for violation of the Final Order accepting this Settlement Agreement. 3

6 9. It is expressly understood that this Settlement Agreement is subject to the approval of the Department and the Board, and has no force and effect until a Final Order is entered accepting this Settlement Agreement. 10. This Settlement Agreement is executed by the Respondent for the purpose of avoiding further administrative action by the Board of Nursing regarding the acts or omissions specifically set forth in the Administrative Complaint attached hereto. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to, or in conjunction with, consideration of the Agreement. Furthermore, should this Settlement Agreement not be accepted by the Board, it is agreed that presentation to, and.consideration of, this Settlement Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. Respondent shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. 11. Respondent and the Department fully understand that this Settlement Agreement and subsequent Final Order incorporating same 4

7 will in no way preclude additional proceedings by the Board and/or Department against the Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached hereto. This Agreement relates solely to the current disciplinary proceedings arising from the above-mentioned Administrative Complaint and does not preclude further action by other divisions, departments, and/or sections of the Department, including but not limited to the Agency for Health Care Administration's Medicaid Program Integrity Office. 12. The Respondent waives the right to seek any attorney's fees or costs from the Department in connection with this disciplinary proceeding. 13. Respondent waives all rights to appeal and further review of this Agreement and these proceedings. WHEREFORE, the parties hereto request the Board enter a Final Order accepting and implementing the terms of the Settlement Agreement contained herein. SIGNED this T day of ri\o-ccin arin, C.N.A.

8 STATE OF FLORIDA COUNTY OF (nr,44,rn't - Dad Before me personally appeared Luis D. Marin, C.N.A., whose identity is known to be by inon.akre olent.-42;02,fio n (type of identification), and who under oath, acknowledges that his signature appears above. Sworn to and subscribed by Respondent before me this 304-k day of nacar, '' ''' LAMONICA JACKSON - Notary Public - Stale of Florida Commission I GO My Comm. Expires Dec 10, 2020 Bonded Or National Notary Assn. tacryubi My omm sic' n Expires: ece e CI ,, APPROVED this day of 201_7 Celeste Philip, MD, MPH Surgeon General and Secretary Justin D. Chang Assistant General Counsel Florida Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Telephone: (850) ext Facsimile: (850) justin.chang@flhealth.gov 6

9 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO LUIS D. MARIN, C.N.A., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Luis D. Marin, C.N.A., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing assistance pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a certified nursing assistant (C.N.A.) within the state of Florida, having been issued license number CNA

10 3. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section (4), Florida Statutes (2014). 4. Respondent's address of record is North Bay Road, Apt. 409, Sunny Isles, Florida Respondent's alternate address is Collins, Unit 1006, Sunny Isle, Florida Respondent may be found at RN: , FCI Miami, Federal Correctional Institution, P.O. Box , Miami, Florida On or about August 14, 2014, in the United States District Court, Southern District of Florida, Respondent was indicted on one count of Conspiracy to Commit Health Care Fraud and Wire Fraud, a felony violation of Title 18, United States Code, Section 1349; on two counts of Health Care Fraud, a felony violation of Title 18, Unites Sates Code, Section 1347; on one count of Conspiracy to Commit Money Laundering, a felony violation of Title 18, Unites States Code, Section 1956(h); and on four counts of Money Laundering, a felony violation of Title 18, United States Code, Section 1956(a)(1)(B)(i). Department of Health v. Luis D. Marin, C.N.A. 2 Case No

11 8. On or about April 28, 2015, in the United States District Court, Southern District of Florida, Respondent pled guilty to one count of Conspiracy to Commit Money Laundering, a felony violation of Title 18 United States Code, Section 1956(h), in relation to the abovementioned health care fraud. 9. A certified nursing assistant is one of a handful of categories of licensed professionals that provide direct patient care, in many instances, to the elderly or those with long-term infirmities, often in patient's homes or in nursing home settings with limited supervision. They are in a unique position to have direct access to patients' drugs, financial information, and play an important role in their patients' Medicaid and/or Medicare processes. As such, entering a plea of guilty to Conspiracy to Commit Money Laundering in relation to health care fraud, relates to the practice of, or the ability to practice, a nursing assistant's profession and violates the level of trust and confidence invested by the Legislature in these categories of licensees. 10. Respondent's crime, Conspiracy to Commit Money Laundering, a felony violation of Title 18 United States Code, Section 1956(h), was related to health care fraud. Department of Health v. Luis D. Marin, C.N.A. 3 Case No,

12 COUNT ONE 11. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 12. Section (1)(b), Florida Statutes (2014), provides that intentionally violating any provision of chapter 464, chapter. 456, or the rules adopted by the board constitutes grounds for which the board may impose disciplinary sanctions. 13. Section (1)(c), Florida Statutes (2014), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession, constitutes grounds for disciplinary action. 14. As set forth above, on or about April 28, 2015, Respondent pled guilty to one count of Conspiracy to Commit Money Laundering, a felony violation of Title 18 United States Code, Section 1956(h), a crime related to Respondent's profession. 15. Based on the foregoing, Respondent has violated Section (1)(b), Florida Statutes (2014), by intentionally violating Section (1)(c), Florida Statutes (2014), by being convicted or found guilty Department of Health v. Luis D. Marin, C.N.A. 4 Case No

13 of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. COUNT TWO 16. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 17. Section (1)(b), Florida Statutes (2014), provides that intentionally violating any provision of chapter 464, chapter 456, or the rules adopted by the board constitutes grounds for which the board may impose disciplinary sanctions. 18. Section (1)(11), Florida Statutes (2014), provides that being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud, constitutes grounds for disciplinary action. 19. As set forth above, on or about April 28, 2015, Respondent pled guilty to one count of Conspiracy to Commit Money Laundering, a felony violation of Title 18 United States Code, Section 1956(h), a crime that related to health care fraud. Department of Health v. Luis D. Mann, C.N.A. 5 Case No

14 20. Based on the foregoing, Respondent has violated Section (1)(b), Florida Statutes (2014), by intentionally violating Section (1)(11), Florida Statutes (2014), being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [This Space Left Intentionally Blank] Department of Health v. Luis D. Marin, C.N.A. 6 Case No

15 SIGNED this 13 day of Ocu.vatkr Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK TE /J DC ffeedidas I (p Justin D. Chan Assistant General Counsel Florida Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Telephone: (850) ext Facsimile: (850) justin.chang@flhealth.gov PCP Date: a-lu /1-0 I. (9 PCP Members: lw,,wkv- Cyortia Department of Health v. Luis D. Mann, C.N.A. 7 Case No

16 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule (2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule (4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule (5), Florida Administrative Code. Mediation under Section , Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section (4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. Department of Health v. Luis D. Mann, C.N.A. Case No a