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Ephraim Durand Livingston

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Bar #121347(FL) License for 28 years; Member in Good Standing

Land O Lakes FL

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Florida Laws: 104.29, 106.29, 120.53, 120.569, 120.57, 120.68, 120.695, 145.14, 15.09, 153.54, 17.001, 17.011, 170.15, 20.165, 20.42, 20.43, 20.60, 203.04, 210.31, 22.08, 243.40, 288.24, 328.09, 34.13, 349.16, 35.01, 381.0261, 392.63, 409.901, 409.902, 409.913, 409.9131, 440.12, 440.13, 455.225, 456.057, 456.061, 456.063, 456.072, 456.073, 456.076, 456.079, 456.081, 456.41, 456.50, 458.305, 458.326, 458.331, 460.41, 460.412, 460.413, 464.003, 464.012, 466.018, 466.028, 475.43, 49.12, 491.009, 55.01, 627.736, 660.46, 70.20, 766.102, 766.103, 766.111, 77.17, 775.082, 812.035, 817.50, 893.02, 893.03, 893.04, 893.09, 893.13, 90.801, 90.802, 90.803

Florida Administrative Code: 59G-9.070, 64B8-8.001, 64B8-8.007, 64B8-9.003, 64B8-9.008

07-003511PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ANTHONY BRIGNONI, M.D. (2007)

Division of Administrative Hearings, Florida Filed: Jul. 30, 2007

The issues in this case are whether Respondent violated Subsection 458.331(1)(t), Florida Statutes (2002),1 and, if so, what discipline should be imposed.Respondent did not violate standard-of-care when he did not specify the strength of acetic acid to be used in surgery.

05-002556PL DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE vs CHARLES E. DOLL, D.C. (2005)

Division of Administrative Hearings, Florida Filed: Jul. 15, 2005

Should discipline be imposed against Respondent's license to practice chiropractic medicine for violation of Sections 456.072(1)(c) and (m) and 460.413(1)(k), Florida Statutes (2003)?Respondent committed a crime of defrauding a health care benefit program.

05-002557PL DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE vs MARK SCHOENBORN, D.C. (2005)

Division of Administrative Hearings, Florida Filed: Jul. 15, 2005

Should discipline be imposed against Respondent's license to practice chiropractic medicine for violation of Section 456.072(1)(c), Florida Statutes (2003)?Respondent committed a crime of defrauding a health care benefit program.

05-003133PL DEPARTMENT OF HEALTH vs SCOTT DRIZIN, D.C. (2005)

Division of Administrative Hearings, Florida Filed: Aug. 29, 2005

The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.Photography without the patient`s consent and of limited diagnostic value is a violation of the standard of care.

06-001946PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs GEORGE FIGUEROA, M.D. (2006)

Division of Administrative Hearings, Florida Filed: May 30, 2006

The issues in this case are whether Respondent violated Subsections 458.331(1)(m) and 458.331(1)(t), Florida Statutes (2000),1 and, if so, what discipline should be imposed.Respondent failed to hospitalize a patient where the diagnosis warranted hospitalization.

16-005641MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs RONALD M. MARINI, D.M.D., P.A. (2016)

Division of Administrative Hearings, Florida Filed: Sep. 27, 2016

Whether Ronald M. Marini, D.M.D., P.A. (Respondent), received Medicaid overpayments that the Agency for Health Care Administration is entitled to recover; and whether sanctions and costs should be imposed against Respondent.Respondent received Medicaid overpayments that Petitioner is entitled to recover. Petitioner is also entitled to recover its costs and impose sanctions against Respondent.

16-004735MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs ASON MAXILLOFACIAL SURGERY, P.A. (2016)

Division of Administrative Hearings, Florida Filed: Aug. 19, 2016

Whether the Agency for Health Care Administration (Petitioner or AHCA) is entitled to recover: certain Medicaid payments made to Respondent, Ason Maxillofacial Surgery, P.A., pursuant to section 409.913(11), Florida Statutes (2016); an amount of sanctions imposed pursuant to section 409.913(15); and the amount of any investigative, legal, and expert witness costs that AHCA incurred pursuant to section 409.913(23).Petitioner proved by a preponderance of the evidence that Respondent was overpaid; a fine, sanctions imposed by statute and costs imposed by statute, shall be paid.

15-004728MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs RICHARD W. BLAKE, DDS (2015)

Division of Administrative Hearings, Florida Filed: Aug. 21, 2015

The issue in this matter concerns the amount of monetary sanctions that the Agency for Health Care Administration may impose on Respondent pursuant to section 409.913, Florida Statutes, and Florida Administrative Code Rule 59G-9.070(7)(e) based on the overpayment of Medicaid reimbursements made to Respondent.Agency proved by clear and convincing evidence that an administrative fine should be imposed on Respondent based on overpayment of certain Medicaid claims.

15-003496MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs LEELAND ER SVCS PARTNERSHIP (2015)

Division of Administrative Hearings, Florida Filed: Jun. 18, 2015

The following are the issues presented: Whether Respondent, Leeland ER SVCS Partnership (“Leeland”), is liable to the Agency for Health Care Administration (“AHCA”) for Medicaid overpayments in the amount of $12,377.17, during the audit period of March 1, 2009, through August 31, 2011; Whether Leeland should be required to pay an administrative fine of $2,475.43, pursuant to Florida Administrative Code Rule 59G-9.070(7)(e); and Whether Leeland is liable to AHCA for the agency’s investigative, legal, and expert witness costs pursuant to section 409.913(23)(a), Florida Statutes.Agency for Health Care Administration proved by a preponderance of the evidence the sufficiency of its statistical sampling method and the overpayments made to Petitioner.

15-003877MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs VYASA RAMCHARAN, DMD (2015)

Division of Administrative Hearings, Florida Filed: Jul. 13, 2015

The issues are whether the Agency for Health Care Administration (AHCA) is entitled to repayment of $1,152,237.19 in Medicaid reimbursements that it made to Respondent pursuant to section 409.913(11), Florida Statutes; the amount of sanctions, if any, that should be imposed pursuant to sections 409.913(15) through (17); and the amount of any investigative, legal, and expert witness costs that AHCA is entitled to recoup pursuant to section 409.913(23).AHCA proved that claims submitted by Respondent were not medically necessary. Reimbursement and recoupment of costs were appropriate.