Final Order No. DOH-17-1208- f) MQA FILED DATE - JUN 2 8 2017 Deppne f Health STATE OF FLORIDA THE FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, MARINO FRANK VIGNA, DDS, RESPONDENT. CASE NOs.: LICENSE NO.: 2016-14511 2016-13367 DN 13239 FINAL ORDER HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT PURSUANT TO SECTIONS 120.569 AND 120.57(2), FLA. STAT. This matter appeared before the Board of Dentistry (hereinafter Board) at duly-noticed public meeting held on May 19, 2017, in Orlando, Florida for a hearing not involving disputed issues of material fact pursuant to Sections 120.569 and 120.57(2), Florida Statutes, pursuant to Petitioner's Motion for Final Order. Petitioner filed an Administrative Complaint seeking disciplinary action. A copy of the Administrative Complaint is attached to and made a part of this Final Order. At the hearing, Respondent was present and represented by Joshua L. Fisher, Esquire. The Petitioner was represented by Rose L. Garrison, Assistant General Counsel. Upon consideration, it is ORDERED: 1. The material facts alleged in the Administrative Complaint are not in dispute. Petitioner's motion for final order is granted. 2. The allegations of fact set forth in the Administrative Complaint, are approved, adopted and incorporated herein by reference as the findings of fact made by the Board. 3. The allegations of law alleged and set forth in the Administrative Complaint are approved, adopted and incorporated herein by reference as the conclusions of law made by the Board.
The violations set forth in the Administrative Complaint warrant disciplinary action by the Board. THEREFORE, IT IS ORDERED AND ADJUDGED: 1. Letter of Concern: The Respondent's license is hereby issued a Letter of Concern. 2. Administrative Fine: The Respondent shall pay an administrative fine in the amount of $2,500.00. The fine shall be paid in full within 90 days from the effective date of this final order. 3. Motion for Costs: The board hereby grants the motion for costs of prosecution and investigation, which does not include costs for attorney time, in the amount of $166.54 in case 2016-14511 and in the amount of $1,486.54 in case 2016-13367. The costs shall be paid in full within 90 days from the effective date of this final order. THIS FINAL ORDER SHALL BECOME EFFECTIVE UPON FILING WITH THE CLERK OF THE DEPARTMENT OF HEALTH. DONE AND ORDERED this day of, 2017. BOARD OF DENTISTRY Jennif d, MSW, Executive Director On Be Catherine Cabanzone, RDH Vice Chair of the Board of Dentistry
NOTICE OF APPEAL RIGHTS PURSUANT TO SECTION 120.68, FLORIDA STATUTES, A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW UNLESS WAIVED. PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF THE NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEALS, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US Mail to Marino Frank Vigna, DDS, 7171 NW 126th Terrace, Parkland, Florida 33076 and by electronic mail to Joshua L. Fisher, Esquire, jfisher@fishlawesq.com ; David D. Flynn, Assistant Attorney General, Office of the Attorney General, david.flynn@myfloridalegal.com and to Bridget McDonnell, Assistant General Counsel, bridget.mcdonnell@flhealth.gov this day of, 2017. DEPUTY AGENCY CLERK
187 STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2016-14511 MARINO FRANK VIGNA, D.D.S. Respondent, MOTION FOR FINAL ORDER AFTER HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACTS Petitioner, by and through its undersigned counsel, moves the Board of Dentistry for entry of a Final Order in the above-styled cause on a date and time that has been determined and noticed by the Board. As grounds therefore, the Petitioner states: 1. Petitioner previously filed an Administrative Complaint against Respondent alleging that Respondent violated the provisions of Florida Statutes, as set forth therein. The Department, by filing the Administrative Complaint, is seeking to discipline the Respondent's license to practice Dentistry, thereby affecting the Respondent's substantial interests.
188 2. On or about September 17, 2016, Petitioner served Respondent with the Administrative Complaint via certified mail at 7171 NW 126th Terrace, Parkland, Florida 33076, Respondent's address of record with the Department of Health. The Department, by serving the Respondent with the Administrative Complaint, provided the Respondent written notice of its decision to seek discipline of the Respondent's license to practice Dentistry. 3. The Respondent filed an Election of Rights Form or other responsive pleading evincing, or has otherwise indicated, that Respondent does not dispute the material facts alleged in the Administrative Complaint. 4. There are no disputed issues of material fact to be resolved by the Board. 5. Respondent has been advised, by a copy of this Motion, that a copy of the investigative file in this case shall be furnished to the Board to establish a prima facie case regarding the violations as set forth in the Administrative Complaint.
189 WHEREFORE the parties respectfully request the Board of Dentistry after allowing the Respondent the opportunity to present oral and/or written evidence in mitigation of the Administrative Complaint, enter a Final Order imposing whatever discipline upon the Respondent's license that the Board deems appropriate. Respectfully submitted, Rose rrison Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640 telephone (850) 245-4684 fax Florida Bar No. 105920 Rose.Garrison@flhealth.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided by U.S. certified mail this 22nd day of March, 2017, to: Joshua Fisher, Esquire, at 520 NW 165th Street Road, 106, Miami, Florida 33169. Assistant General Counsel
455 STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2016-13367 MARINO FRANK VIGNA, D.D.S. Respondent, / MOTION FOR FINAL ORDER AFTER HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACTS Petitioner, by and through its undersigned counsel, moves the Board of Dentistry for entry of a Final Order in the above-styled cause on a date and time that has been determined and noticed by the Board. As grounds therefore, the Petitioner states: 1. Petitioner previously filed an Administrative Complaint against Respondent alleging that Respondent violated the provisions of Florida Statutes, as set forth therein. The Department, by filing the Administrative Complaint, is seeking to discipline the Respondent's license to practice Dentistry, thereby affecting the Respondent's substantial interests.
456 2. On or about, September 17, 2016, Petitioner served Respondent with the Administrative Complaint via certified mail at 7171 NW 126th Terrace, Parkland, Florida 33076, Respondent's address of record with the Department of Health. The Department, by serving the Respondent with the Administrative Complaint, provided the Respondent written notice of its decision to seek discipline of the Respondent's license to practice dentistry. 3. The Respondent filed an Election of Rights Form or other responsive pleading evincing, or has otherwise indicated, that Respondent does not dispute the material facts alleged in the Administrative Complaint. 4. There are no disputed issues of material fact to be resolved by the Board. 5. Respondent has been advised, by a copy of this Motion, that a copy of the investigative file in this case shall be furnished to the Board to establish a prima facie case regarding the violations as set forth in the Administrative Complaint.
457 WHEREFORE the parties respectfully request the Board of Dentistry after allowing the Respondent the opportunity to present oral and/or written evidence in mitigation of the Administrative Complaint, enter a Final Order imposing whatever discipline upon the Respondent's license that the Board deems appropriate. Respectfully submitted, Rode Gar-rrson Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640, telephone (850) 245-4681 fax Florida Bar No. 105920 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided by U.S. certified mail this 22nd day of March, 2017, to: Joshua Fisher, Esquire, at 520 NW 165th Street Road, 106, Miami, Florida 33169. _ R' se G. ison ssistant General Counsel
199 DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF DENTISTRY V. Case No. 2016-14511 MARINO FRANK VIGNA, D.D.S. Respondent. / MOTION TO ASSESS COSTS IN ACCORDANCE WITH SECTION 456.072(4) The Department of Health, by and through counsel, moves the Board of Dentistry for entry of a Final Order assessing costs against Respondent for the investigation and prosecution of this case in accordance with Section 456.072(4), Florida Statutes (2016). As grounds therefore, the Petitioner states the following: 1. At its next regularly scheduled meeting, the Board of Dentistry will take up for consideration the above-styled disciplinary action and will enter a Final Order. 2. Section 456.072(4), Florida Statutes (2016), states, in pertinent part, as follows:
200 In addition to any other discipline imposed through final order, or citation, entered on or after July 1, 2001, under this section or discipline imposed through final order, or citation, entered on or after July 1, 2001, for a violation of any practice act, the board, or the department when there is no board, shall assess costs related to the investigation and prosecution of the case. The costs related to the investigation and prosecution include, but are not limited to, salaries and benefits of personnel, costs related to the time spent by the attorney and other personnel working on the case, and any other expenses incurred by the department for the case. The board, or the department when there is no board, shall determine the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any written objections thereto... 3. As evidenced in the attached affidavit (Exhibit A), the investigation and prosecution of this case has resulted in costs in the total amount of $1,300.32, based on the following itemized statement of costs: a. Total costs for Complaint $ 38.26 b. Total costs for Investigation $ 128.28 c. Total costs for Legal $ 1133.78 d. Total costs for expenses $ 0.00 4. The attached affidavit reflects the Department's costs for attorney time in this case as $1,133.78 (Exhibit A). The cost of obtaining an affidavit from an outside attorney will exceed this amount. Therefore, the Department is not seeking costs for attorney time in this case. 2
201 5. Should Respondent file written objections to the assessment of costs for the complaints, investigations and expenses within ten (10) days of the date of this motion, specifying the grounds for the objections and the specific elements of the costs to which objections are made, Petitioner requests that the Board determine the amount of costs to be assessed based upon its consideration of the affidavit attached as Exhibit A and any timely-filed written objections. 6. Petitioner requests that the Board grant this motion and assess costs in the amount of $166.54 as supported by competent, substantial evidence. This assessment of costs is in addition to any other discipline imposed by the Board and is in accordance with Section 456.072(4), Florida Statutes (2016). WHEREFORE, the Department of Health requests that the Board of Dentistry enter a Final Order assessing costs against Respondent in the amount of $166.54. 3
202 DATED this 22nd day of March, 2017. Respectfully submitted, Rq~e Garrison Assistant General Counsel Florida Bar #105920 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone (850) 245-4640 Fax: (850) 245-4681 rose.garrisongilhealth.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided by U.S. certified mail this 22nd day of March, 2017, to: Joshua Fisher, Esquire, at 520 NW 41, Street Road, 106, Miami, Florida 33169. Ro e Garrisc Assistant_General Counsel 4
203 AFFIDAVIT OF COSTS RELATED TO INVESTIGATION AND PROSECUTION OF CASE NUMBER 2016-14511 STATE OF FLORIDA COUNTY OF LEON: BEFORE ME, the undersigned authority, personally appeared SHANE WALTERS who was sworn and states as follows: 1) My name is Shane Walters. 2) I am over the age of 18, competent to testify, and make this affidavit upon my own personal knowledge and after review of the records at the Florida Department of Health (DOH). 3) I am the Senior Management Analyst II (SMAII) for the Consumer Services and Compliance Management Unit for the Department. The Consumer Services Unit is where all complaints against Florida health care licensees (e.g., medical doctors, dentists, nurses, respiratory therapists) are officially filed. I have been in my current job position for more than one year. My business address is 4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275. 4) As Senior Management Analyst II (SMAII) of the Consumer Services and Compliance Management Unit, my job duties include reviewing data in the Time Tracking System and verifying that the amounts correspond to the amounts in this affidavit. The Time Tracking System is a computer program which records and tracks the Department's costs regarding the investigation and prosecution of cases against Florida health care licensees. 5) As of today, DOH's total costs for investigating and prosecuting DOH case number(s) 2016-14511 (Department of Health v Marino Frank Vigna, D.D.S.) are ONE THOUSAND THREE HUNDRED DOLLARS AND THIRTY TWO CENTS ($1,300.32). 6) The costs for DOH case numbers 2016.14511 (Department of Health v. Marino Frank Vigna, D.D.S.) are summarized in Exhibit 1 (Cost Summary Report), which is attached to this document. 7) The itemized costs and expenses for DOH case numbers 2016-14511(Department of Health v. Marino Frank Vigna, D.D.S.) are detailed in Exhibit 2 (Itemized Cost Report and Itemized Expense Report and receipts), which is attached to this document. EXHIBIT 1 of 2
204 8) The itemized costs as reflected in Exhibit 2 are determined by the following method: DOH employees who work on cases daily are to keep track of their time in six-minute increments (e.g., investigators and lawyers). A designated DOH employee in the Consumer Services Unit, Legal Department, and in each area office, inputs the time worked and expenses spent into the Time Tracking System. Time and expenses are charged against a state health care Board (e.g., Florida Board of Medicine, Florida Board of Dentistry, Florida Board of Osteopathic Medicine), and/or a case. If no Board or case can be charged, then the time and expenses are charged as administrative time. The hourly rate of each employee is calculated by formulas established by the Department. (See the Itemized Cost Report) 9) Shane Walters, first being duly sworn, states that he. has read the foregoing Affidavit and its attachments and the statements contained therein are true and correct to the best of his knowledge and belief. FURTHER AFFIANT SAYETH NOT. ova tij Shane Walters, Affiant State of Florida County of Leon Sworn to and subscribed before me this \L4, day of, 2017, by Shane Walters, who is personally known to me. ry ignature Name of Notary Printed Stamp Commissioned Name of Notary Public:
205 S6arch Complaint/Case Number: 201614511 1 MAIN HELP Complaint Cost Summary Complaint Number: 201614511 Subject's Name: V1GNA, MARINO FRANK ***** Cost to Date ***** Hours Costs Complaint: 0.70 $38.26 Investigation: 2.10 $128.28 Legal: 10.40 $1,133.78 Compliance: 0.00 $0.00 ********** ********** Sub Total: 13.20 $1,300.32 Expenses to Date: $0.00 Prior Amount: $0.00 Total Costs to Date: $1,300.32
467 DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF DENTISTRY v. Case No. 2016-13367 MARINO FRANK VIGNA, D.D.S. Respondent. MOTION TO ASSESS COSTS IN ACCORDANCE WITH SECTION 456.072(4) The Department of Health, by and through counsel, moves the Board of Dentistry for entry of a Final Order assessing costs against Respondent for the investigation and prosecution of this case in accordance with Section 456.072(4), Florida Statutes (2016). As grounds therefore, the Petitioner states the following: 1. At its next regularly scheduled meeting, the Board of Dentistry will take up for consideration the above-styled disciplinary action and will enter a Final Order. 2. Section 456.072(4), Florida Statutes (2016), states, in pertinent part, as follows:
468 In addition to any other discipline imposed through final order, or citation, entered on or after July 1, 2001, under this section or discipline imposed through final order, or citation, entered on or after July 1, 2001, for a violation of any practice act, the board, or the department when there is no board, shall assess costs related to the investigation and prosecution of the case. The costs related to the investigation and prosecution include, but are not limited to, salaries and benefits of personnel, costs related to the time spent by the attorney and other personnel working on the case, and any other expenses incurred by the department for the case. The board, or the department when there is no board, shall determine the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any written objections thereto... 3. As evidenced in the attached affidavit (Exhibit A), the investigation and prosecution of this case has resulted in costs in the total amount of $8,878.13 based on the following itemized statement of costs: a. Total costs for Complaint $ 54.66 b. Total costs for Investigation $ 1,431.88 c. Total costs for Legal $ 7,391.59 d. Total costs for expenses $ 0.00 4. The attached affidavit reflects the Department's costs for attorney time in this case as $7,391.59 (Exhibit A). The cost of obtaining an affidavit from an outside attorney will exceed this amount. Therefore, the Department is not seeking costs for attorney time in this case. 2
469 5. Should Respondent file written objections to the assessment of costs for the complaints, investigations and expenses within ten (10) days of the date of this motion, specifying the grounds for the objections and the specific elements of the costs to which objections are made, Petitioner requests that the Board determine the amount of costs to be assessed based upon its consideration of the affidavit attached as Exhibit A and any timely-filed written objections. 6. Petitioner requests that the Board grant this motion and assess costs in the amount of $1,486.54 as supported by competent, substantial evidence. This assessment of costs is in addition to any other discipline imposed by the Board and is in accordance with Section 456.072(4), Florida Statutes (2016). WHEREFORE, the Department of Health requests that the Board of Dentistry enter a Final Order assessing costs against Respondent in the amount of $1,486.54. 3
470 DATED this 22nd day of March, 2017. Respectfully submitted,, Rbse arrison Assistant General Counsel Florida Bar #105920 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone (850) 245-4640 Fax: (850) 245-4681 rose. ari th. ov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided by U.S. certified mail this 22nd day of March, 2017, to: Joshua Fisher, Esquire, at 520 NW 16 th Street Road, 106, Miami, Florida 33169. Ro e Ga son A sistant General Counsel 4
471 AFFIDAVIT OF COSTS RELATED TO INVESTIGATION AND PROSECUTION OF CASE NUMBER 2016-13367 STATE OF FLORIDA COUNTY OF LEON: BEFORE ME, the undersigned authority, personally appeared SHANE WALTERS who was sworn and states as follows: 1) My name is Shane Walters. 2) I am over the age of 18, competent to testify, and make this affidavit upon my own personal knowledge and after review of the records at the Florida Department of Health (DOH). 3) I am the Senior Management Analyst II (SMAII) for the Consumer Services and Compliance Management Unit for the Department. The Consumer Services Unit is where all complaints against Florida health care licensees (e.g., medical doctors, dentists, nurses, respiratory therapists) are officially filed. I have been in my current job position for more than one year. My business address is 4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275. 4) As Senior Management Analyst II (SMAII) of the Consumer Services and Compliance Management Unit, my job duties include reviewing data in the Time Tracking System and verifying that the amounts correspond to the amounts in this affidavit. The Time Tracking System is a computer program which records and tracks the Department's costs regarding the investigation and prosecution of cases against Florida health care licensees. 5) As of today, DOH's total costs for investigating and prosecuting DOH case number(s) 2016-13367 (Department of Health v Marino Frank Vigna, D.D.S.) are EIGHT THOUSAND EIGHT HUNDRED AND SEVENTY EIGHT DOLLARS AND THIRTEEN CENTS ($8,878.13). 6) The costs for DOH case numbers 2016-11367 (Department of Health v. Marino Frank Vigna, D.D.S.) are summarized in Exhibit 1 (Cost Summary Report), which is attached to this document. 7) The itemized costs and expenses for DOH case numbers 2016-13367(Department of Health v. Marino Frank Vigna, D.D.S.) are detailed in Exhibit 2 (Itemized Cost Report and Itemized Expense Report and receipts), which is attached to this document. 1 of 2
472 8) The itemized costs as reflected in Exhibit 2 are determined by the following method: DOH employees who work on cases daily are to keep track of their time in six-minute increments (e.g., investigators and lawyers). A designated DOH employee in the Consumer Services Unit, Legal Department, and in each area office, inputs the time worked and expenses spent into the Time Tracking System. Time and expenses are charged against a state health care Board (e.g., Florida Board of Medicine, Florida Board of Dentistry, Florida Board of Osteopathic Medicine), and/or a case, If no Board or case can be charged, then the time and expenses are charged as administrative time. The hourly rate of each employee is calculated by formulas established by the Department. (See the Itemized Cost Report) 9) Shane Walters, first being duly sworn, states that he has read the foregoing Affidavit and its attachments and the statements contained therein are true and correct to the best of his knowledge and belief. FURTHER AFFIANT SAYETH NOT. Shane Walters, Affiant State of Florida County of Leon Sworn to and subscribed before me this 16 day of Nryl_Ack, 2017, by Shane Walters, who is personally known to me. No ry aignature Name of Notary Printed Stamp Commissioned Name of Notary Public:
473 s'parch, C'omplaint/Case Number: [201613367 j MAIN HELP Complaint Cost Summary Complaint Number: 201613367 Subject's Name: V1GNA, MARINO FRANK ***** Cost to Date ***** Hours Costs Complaint: 1.00 $54.66 Investigation: 21.80 $1431.88 Legal: 67.80 $7,391.59 Compliance: 0.00 $0.00 it ********* ********** Sub Total: 90.60 $8,878.13 Expenses to Date: $0.00 Prior Amount: $0.00 Total Costs to Date: $8,878.13
458 STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, v. CASE No. 2016-13367 2016-14511 MARINO FRANK VIGNA, RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Dentistry against Respondent, Marino Frank Vigna, 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 13239.
459 3. Respondent's address of record is 7171 Northwest 126th Terrace, Parkland, Florida 33076. 4. In a letter dated April 5, 2013, the State of Florida Agency for Health Care Administration (AHCA) informed Respondent that he had submitted false claims for payment to AHCA. Accordingly, AHCA terminated Respondent's participation in the Florida Medicaid program pursuant to Section 409.913, Florida Statutes. 5. On or about June 28, 2013, AHCA issued a Final Order with Prejudice in Case Number CI 13-1701-000 terminating with cause Respondent's participation in the Florida Medicaid Program, in accordance with Sections 409.913, Florida Statutes, and Rule 59G-9.070, Florida Administrative Code. 6. On or about May 11, 2016, in the Seventeenth Judicial Circuit Court in and for Broward County, Florida, Respondent entered a plea of no contest to one count of Grand Theft over $10,000 but less than $20,000, a third-degree felony violation of Chapter 812.014, Florida Statutes (2015), in case number 16-004513CF10A.
460 7. On or about May 11, 2016, Respondent signed a plea agreement that stated that he pled no contest to count 1 of the Information filed in case number 16-004513CF10A. 8. The Information in case number 16-004513CF10A states: The Respondent did knowingly obtain or use, or endeavor to obtain or use U.S. currency of a value of $10,000 or more but less than $20,000, which was the property of the State of Florida, or its fiscal agent, or the state Medicaid program [emphasis added], or any other person not the [Respondent] with the intent to permanently or temporarily deprive the State of Florida, or its fiscal agent or the state Medicaid program [emphasis added], or any other person not the Defendant of the property or benefit therefrom or to appropriate the property to the use of [Respondent] or to the use of any person not entitled thereto.... 9. The Information in case number 16-004513CF10A for Grand Theft was based on the results of an investigation described in an Affidavit in Support of Arrest Warrant that was issued on or about April 13, 2016, in the above criminal case. The Warrant provided numerous instances where Respondent billed Medicaid through his dental practice, for services not provided. 10. Respondent pled no contest to Grand Theft over $10,000 but less than $20,000, a crime that related to the practice of, or ability to practice, Respondent's profession of dentistry.
461 COUNT I 11. Petitioner re-alleges and incorporates paragraphs one through five as if fully set forth herein. 12. Section 456.072(1)(kk), Florida Statutes (2012), provides that being terminated from the state Medicaid program pursuant to Section 409.913, 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, 13, Respondent's termination with cause from participation in the Florida Medicaid Program, occurred while he held an active license to practice dentistry within the State of Florida. 14. Section 466.028(1)(mm), Florida Statutes (2012), provides that violating any provision of Chapter 466 or Chapter 456, or any rules adopted pursuant thereto, constitutes grounds for discipline. 15. By being terminated from the Florida Medicaid program pursuant to Section 409.913, Florida Statutes, Respondent violated Section 456.072(1)(kk), Florida Statutes, 16. Based on the foregoing, Respondent's license to practice dentistry is subject to discipline pursuant to Section 466,028(1)(mm),
462 Florida Statutes by violating 456.072(1)(kk), Florida Statutes for being terminated from the Florida Medicaid program. COUNT II 17. Petitioner re-alleges and incorporates paragraphs one through ten as if fully set forth herein. 18. Section 466.028(1)(mm), Florida Statutes (2015), provides violating any provision of this chapter or chapter 456, or any rules adopted by the board, constitutes grounds for disciplinary action. 19. Section 456.072(1)(c), Florida Statutes (2015), 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. 20. As set forth above, on or about May 11, 2016, Respondent entered a plea of no contest to one count of Grand Theft over $10,000 but less than $20,000, for a crime that related to the practice of, or ability to practice, Respondent's profession of dentistry.
463 21. Respondent's plea to Grand Theft over $10,000 but less than $20,000, a crime which involved billing Medicaid through his dental practice for services not provided. 22. Based on the foregoing, Respondent violated Section 466.028(1)(mm), Florida Statutes (2015) by violating Section 456.072(1)(c), Florida Statutes (2015), for 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. [Signatures follow on next page]
464 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 dental license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, and/or any other relief that the Board deems appropriate. SIGNED this \ day of vka:pcec 2016. CELESTE PHILIP, M.D., M.P.H. Surgeon General and Secretary of Health CLERK DATE FILED Department Of Health Deputy Clerk distgel cra.mde/le. SEP 1 3 2016 7 Roe Garrison Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar #105920 850.245.4640 FAX: 245.4681 Email: Rose.Garrison@flhealth.gov PCP: 9/9/16 PCP Members: Thomas, DDS; Robinson, DDS; Fatmi, DMD Prepared: 7/6/16
465 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.571 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 28-106.111(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 28-106.111(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 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, 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 456.072(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. DOH v. Marino Frank Vigna, D.D.S.; Case No. 2016-13367 2016-14511