STATE OF FLORIDA BOARD OF DENTISTRY RESPONDENT. ADMINISTRATIVE COMPLAINT. undersigned counsel, and files this Administrative Complaint before the

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1 DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF DENTISTRY PETITIONER, v. CASE NO: ERNESTO M. GANAIM, D.D.S., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Dentistry against Respondent, Ernesto M. Ganaim, D.D.S., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 466, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number DN Respondent's address of record is NW 49th Street, Coral Springs, Florida

2 4. On or about March 29, 2016, the Agency for Healthcare Administration (AHCA) issued a Termination Final Order in Case Number , terminating with cause Respondent's participation in the Florida Medicaid Program, in accordance with Section , Florida Statutes, and Rule 59G-9.070, Florida Administrative Code. 5. Section (1)(kk), Florida Statutes (2015), provides that being terminated from the state Medicaid program pursuant to Section , Florida Statutes, any other state Medicaid program, or the federal Medicare program, unless eligibility to participate. in the program from which the practitioner was terminated has been restored, constitutes grounds for discipline. 6. By being terminated from the Florida Medicaid program pursuant to Section , Florida Statutes, Respondent violated Section (1)(kk), Florida Statutes. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry 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 Respondent on probation, corrective action, refund of fees 2

3 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this r-i 4111day of 9-1tpittivr,b-W y Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene DATE SEP 0 7 Z017 12?-14:C1V -IlikitAiri2.14L 1011 Tobey Schultz Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Florida Bar # TEL: x Express Mail Address: 2585 Merchants Row, Suite tobey.schultz@flhealth.gov PCP: 9/1/2017 Panel: 3. Thomas; T. Morgan; R. Perdomo 3

4 NOTICE OF RIGHTS Respondent has the right to request or petition for a formal administrative hearing to be conducted in accordance with Sections and , Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a formal administrative hearing is requested. Administrative hearings are governed by Rule , Florida Administrative Code. A request or petition for a formal administrative hearing must be in writing and must be received by the Department within twentyone (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter (5), Florida Administrative Code and must be sent to the Department at the following address: Department of Health Prosecution Services Unit Attention: Tobey Schultz 4052 Bald Cypress Way, Bin #C65 Tallahassee,, Florida Mediation is not available as an alternative remedy. If your request or petition for a formal administrative hearing is not received by the Department within twenty-one (21) days from your receipt of this Administrative Complaint, that failure will constitute a waiver of your right to a formal administrative hearing, and the Administrative Complaint will be incorporated in the final order of the Department. 4

5 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. 5