STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING, Petitioner, vs. Case No. 2001-04917 DEBORAH ANN HULBERT, LCSW, . G | ~ 3 7 £1 0 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling against DEBORAH ANN HULBERT, LCSW, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the State agency charged with regulating the practice of clinical social work pursuant to section 20. 43, Florida Statutes; Chapter “456 (8 (formerly Chapter 455, Part TI; see Chapter 2000- 160, Laws of Florida), an ‘Chapter 491, F lorida Statutes, Pursuant to Section 20.43(3)(g), Florida Statutes, the Department has contracted with the Agency for Health Care Administration to provide consumer complaint, investi gative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent i is and has been at all times material hereto, a licensed Clinical Social | : Worker, licensed i in nthe State of F Florida, having been issued license number SW 0004434, IR eR PRES ERIES RR:o e Respondents last known addresses are 101 A. Fairview Avenue, Fort Myers, Florida 33905 and 2234 Stella Avenue, Ft. Myers, Florida 33901. . On or about December 7, 2000, the Respondent entered a plea of guilty to: one (1) count of Racketeering, Section 895 -03(3), Florida Statutes, a first degree felony; one (1) count of Conspiracy to Racketeer, Section 895.03(4), Florida Statutes, a first degree felony; one (1) count Medicaid Provider Fraud, Section 409.920(2)(a), Florida Statutes, a third degree felony; one (1) count Medicaid Provider Fraud, Section 409.920(2)(b), Florida Statutes, a third degree felony; and Grand Theft, $20,000 or more, Section 812.014(2)(b), Florida Statutes, a second degree felony (case number 99-381-CF) in the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte County, Florida. The Respondent was sentenced to seven years (84 months) in the Department of Corrections of which sixty-five (65) months were suspended. The Respondent received credit for nineteen (19) months served, The Respondent was sentenced to fifteen (15) years probation subject to the following terms and conditions: payment of costs of prosecution in the amount of $3500; payment of circuit court costs as directed; payment of Medicaid Fraud investigation in the amount of $12,233.98; payment of restitution to the State of. - F lorida Medicaid Program and various individuals, s some of whom were patients of the Respondent seen in her clinical social work practice. As the Medicaid fraud to which the Respondent pled guilty involved clients and/or patients to whom Respondent was providing clinical social work services, , the crimes - to which the Respondent pled guilty are directly related to her practice of clinical social work. See emer een re cape eee ' 8. Section 491.009(2)(c), Florida Statutes, states that a licensee may be subject to disciplinary action by being convicted or found guilty of, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of her profession. Based on the foregoing, the Respondent is subject to discipline for violation of Section 491.009(2)(c), Florida Statutes, by being convicted or found guilty of, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of her profession. WHEREFORE, Petitioner respectfully requests the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling to enter an order imposing one or more of the following penalties: revocation or suspension of Respondent’s license; restriction of Respondents practice; imposition of an administrative fine; issuance of a reprimand; placement of the Respondent’s license on probation for a period of time and subject to terms and/or conditions, and/or any other relief which the Board deems appropriate. SIGNED this o lsL day of FiLED DEPARTMEN® OF HEALTH DEPUTY oaTe_6-22 -O COUNSEL FOR PETIT TONER: Deborah B. Loucks SS Senior Attorney _ Florida Attomey Number 0169889 Agency for Health Care Administration Practitioner Regulation — Legal Post Office Box 14229 Tallahassee, Florida 32317-4229 Telephone: 850/ 487-9694: ee Shee | Dachery , 2001 —f BY: Robert G. Brooks, M. D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney General Counsel’s Office ~ MQA Practitioner Regulation — Legal

Docket for Case No: 01-003780PL

Orders for Case No: 01-003780PL