DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF MEDICINE A LE By: 1 ueinnymaencyulm Final Order No. DOH-17-0590- F(:). DATE - MA 3 2017 nanotv Anon,' M., ' MQA vs. DOH CASE NO.: 2016-08903 LICENSE NO.: ME0083959 YAMILE D. PORRO, M.D., Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF MEDICINE (Board) pursuant to Sections 120.569 and 120.57(2), Florida Statutes, on February 3, 2017, in Championsgate, Florida, for consideration of the Administrative Complaint (attached hereto as Exhibit A) in the above-styled cause pursuant to Respondent's Election of Rights. At the hearing, Petitioner was represented by Geoffrey Christian, Assistant General Counsel. Respondent was present and was represented by Luis Fernandez, Esquire. The facts are not in dispute. Upon consideration, it is ORDERED: 1. The allegations of fact set forth in the Administrative Complaint are approved and adopted and incorporated herein by reference as the findings of fact by the Board. 2. The conclusions of law alleged and set forth in the Administrative Complaint are approved and adopted and
incorporated herein by reference as the conclusions of law by the Board. the Board. 3. The violations set forth warrant disciplinary action by THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: Respondent's license to practice medicine in the State of Florida is hereby REVOKED. RULING ON MOTION TO ASSESS COSTS The Board reviewed the Petitioner's Motion to Assess Costs and voted to waive the costs in this matter. (NOTE: SEE RULE 64B8-8.0011, FLORIDA ADMINISTRATIVE CODE. UNLESS OTHERWISE SPECIFIED BY FINAL ORDER, THE RULE SETS FORTH THE REQUIREMENTS FOR PERFORMANCE OF ALL PENALTIES CONTAINED IN THIS FINAL ORDER.) This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this day of 7144c1-. 2017. BOARD OF MEDICINE Claudia Kemp, J.D., Executive Director For Magdalena Averhoff, M.D., Chair NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA
STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A 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 APPEAL, 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 Final Order has been provided by Certified Mail to YAMILE D. PORRO, M.D., 882 West 79th Street, Hialeah, Florida 33014; 2725 West 66th Street, Apt. 13, Hialeah, Florida 33016; to Luis Fernandez, Esquire, 2250 SW 3rd Avenue, Suite 303, Miami, Florida 33129; by email to Allison Dudley, Assistant General Counsel, Department of Health, at Allison.Dudley@flhealth.gov; and by email to Edward A. Tellechea, Chief Assistant Attorney General, at Ed.Tellechea@myfloridalegal.com this day of unocc-1f), 2017. Certified Article Niril?eir 9414 7266 9904 2090 7547 90 ENDERS,'RECCiR 111111111111111111111111111111 11 '111111 111 11 1 1 1 111 11 1"11111111 Yamile Porro, M.D. 882 West 79th Street Hialeah, FL 33014 Certified Article Number 9414 7266 9904 2090 7547 83 RECORD. 114111 1111111 111111 "111 '1111iI I IIIIIIIIIP'111111PPIiiiIIII Yamile Porro, M.D. 2725 West 66th Street Apt.13 Hialeah, FL 33016 Deputy Agency Clerk 9414 7266 9904 2090 7547 76 SENDERS.: RECORD i.111,1,11 i Luis Fernandez, Esquire 2250 SW 3rd Ave. Suite 303 Miami, FL 33129
DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA DEPARTMENT OF HEALTH v. DOH Case No. 20/76-08903 YAMILE D. PORRO, M.D., Respondent. PETITIONER'S MOTION TO ASSESS COSTS IN ACCORDANCE WITH SECTION 456.072(4) FLORIDA STATUTES Petitioner, the Florida Department of Health (hereinafter "Petitioner"), by and through counsel, moves the Florida Board of Medicine (hereinafter the "Board") for the entry of a Final Order assessing costs against Respondent, Yamile D. Porro, M.D. (hereinafter "Respondent"), in connection with the investigation and prosecution of the above-styled and - numbered case. As grounds therefore, Petitioner states: 1. At its next regularly scheduled meeting, the Board will take up for consideration the above-styled and numbered case and will enter a Final Order.
2. Section 456.072(4), Florida Statutes (2015-2016), provides in relevant part: 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 to Petitioner in the total amount of $2,424.45, based on the following itemized statement of costs: a. Total costs for Complaint $60.12 b. Total costs for Investigation $901.88 c. Total costs for Legal $1,460.78 d. Total costs for Compliance $1.67 e. Total costs for Expenses $0.00 DOH v. Yamile D. Porro, M.D., DOH Case Number 2016-08903 Petitioner's Motion to Assess Costs Page 2 of 4
4. The attached affidavit reflects Petitioner's costs for attorney time in this case as $1,460.78. The cost of obtaining an affidavit from an outside attorney will likely exceed Petitioner's costs for attorney time. Petitioner, therefore, is not seeking its costs for attorney time in this case. 5. Should Respondent file written objections to the assessment of costs 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 attached affidavit and any timely-filed written objections. 6. Petitioner requests that the Board grant this motion and assess costs in the amount of $963,67 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 (2015-2016). WHEREFORE, Petitioner requests that the Board enter a Final Order assessing costs against Respondent in the amount of $963.67. DOH v. Yamile D. Porro, M.D., DOH Case Number 2016-08903 Petitioner's Motion to Assess Costs Page 3 of 4
Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Geoffrey M. bif. tian, Esq. Assistant General Counsel Florida Bar No. 0010325 Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone (850) 245-4640, ext. 4661 Facsimile (850) 245-4684 E-mail qeoffrey.christian flhealth.gov Attorney for Petitioner CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of this Motion has been furnished, by electronic and certified U.S. mail, to Respondent, Yamile D. Porro, M.D., 822 West 79 Street, Hialeah, Florida 33014, porroyamile.yp@gmail.com, this (im day of December, 2016. Geoffrey M. tian, Esq. Assistant General Counsel DOH v. Yamile D. Porro, M.D., DOH Case Number 2016-08903 Petitioner's Motion to Assess Costs Page 4 of 4
DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA DEPARTMENT OF HEALTH v. DOH Case No. 2016-08903 YAMILE D. PORRO, M.D. Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Florida Department of Health (hereinafter "Petitioner"), files this Administrative Complaint before the Florida Board of Medicine (hereinafter the "Board") against Respondent, Yamile D. Porro, M.D. (hereinafter "Respondent"), and in support thereof alleges: 1. Petitioner is the ' state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. 2. At all times material hereto, Respondent was a licensed physician within the state of Florida, having been issued license number ME 83959. 3. Respondent's address of record Is 2725 West 66th Street #13, Hialeah, Florida 33016.
4. On or about June 10, 2015, Respondent was charged, in Count 4 of an Indictment filed in the United States District Court for the Southern District of Florida, in Case Number 1:15-cr-20426-KMW, with one (1) count of conspiracy to defraud the United States, namely by soliciting and receiving health care kickbacks, in violation of Title 18, United States Code, Section 371, and Title 42, United States Code, Sections 1320a-7b(b)(1)(B). 5. On or about December 3, 2015, Respondent entered into an agreement with the United States to plead guilty as charged in Count 4 of the Indictment. 6. On or about February 11, 2016, a hearing was held in which Respondent pled guilty as charged in Count 4 of the Indictment. 7. On or about February 26, 2016, Respondent was adjudicated guilty as charged in Count 4 of the Indictment. 8. Conspiracy to defraud the United States, namely by soliciting and receiving health care kickbacks, is a crime which directly relates to the practice of medicine or to the ability to practice medicine. 9. Respondent failed to report to the Board, in writing, within thirty (30) days of February 26, 2016, the fact that she was found guilty of a crime In the United States District Court for the Southern District of Florida. DOH v. Yamlie D. Porro, M.D., DOH Case Number 2016-08903 Administrative Complaint
COUNT I 10. Petitioner re-alleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 11. Section 458.331(1)(c), Florida Statutes (2015), subjects a licensee to discipline for being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine. 12. Based on the foregoing, Respondent violated Section 458.331(1)(c), Florida Statutes (2015), by being found guilty of a crime which directly relates to the practice of medicine or to the ability to practice medicine in the United States District Court for the Southern District of Florida. COUNT II 13. Petitioner re-alleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 14. Section 456.072(1)(x), Florida Statutes (2015), subjects a licensee to discipline for failing to report to the Board, in writing, within thirty (30) days, after the licensee has been convicted or found guilty of, or entered DOH v. Yamile D. Porro, M.D., DOH Case Number 2016-08903 Administrative Complaint 3
a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 15. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2015), by failing to report to the Board, in writing, within thirty (30) days of February 26, 2016, the fact that she was found guilty of a crime in the United States District Court for the Southern District of Florida. WHEREFORE, Petitioner respectfully requests the Board 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 billed or collected, remedial education, and/or any other relief the Board deems appropriate. [Signature appears on next page.] DOH v. Yamlie D. Porro, M.D., DOH Case Number 2016-08903 Administrative Complaint 4
SIGNED this 21c day of 2016. Celeste Philip, M.D., M.P.H. State Surgeon General and Secretary CLERK FILED Department Of Health Deputy Clerk distil-el craracha. DATE AUG 2 9 2016 Geoffrey M. tian, Esq. Assistant General Counsel Florida Bar No. 0010325 Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone (850) 245-4640, ext. 4661 Facsimile (850) 245-4684 E-mail Geoffrey.Christian@flhealth.gov Attorney for Petitioner PCP: August 26, 2016 PCP Members: G. El-Bahri, M.D.; J. Orr, Jr., M.D.; Ms. B. Goersch DOH v. Yamile D. Porro, M.D., DOH Case Number 2016-08903 Administrative Complaint 5
DOH V. YAMILE D. PORRO, M.D. DOH CASE NUMBER 2016-08903 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted In accordance with Section 120.569 and 120.57, 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 of Health within 21 days from the day Respondent received this 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 this Administrative Complaint must conform to Rule 28-106.2016(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 of Medicine shall assess costs related to the investigation and prosecution of a disciplinary matter, which may Include attorney hours and costs, on Respondent in addition to any other discipline imposed. DOH v. Yamile D. Porro, M.D., DOH Case Number 2016-08903 Administrative Complaint 6