prot STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2010-06081 MANUEL D. GAINZA, M.D. RESPONDENT. / ADMI TIVE COMPLAINT Petitioner, the Florida Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Florida Board of Medicine against Respondent, Manuel D. Gainza, M.D., and in support thereof alleges: | 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number ME 86679. Filed July 27, 2012 2:22 PM Division of Administrative Hearings 3. Respondent's address of record is 2692 Cooper Way, Wellington, Florida 33414. 4. On or about, March 18, 2010, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, in case number F09-037355A, the Respondent entered a plea of nolo contendere to the criminal offenses of: COUNT I — 1* degree felony Grand Theft by “knowingly and feloniously obtaining or using or endeavoring to obtaln or use U.S. Currency of a value in excess of $100,000.00 being the property of the State of Florida Medicaid Program and/or the State of Florida, Agency for Health Care Administration, which acts as the administrative © agency for said program, with the intent to either temporarily or permanently deprive the same of a right to the property” in violation of _ section 812.014(2)(a)1, Florida Statutes; and COUNT II — by having “conspired, aided and abetted in the commission of the Unlicensed Practice of Medicine, a third degree felony, by permitting unlicensed personnel to practice medicine under his supervision,” in violation of section 458.327(1)(a). The Court found the defendant “guilty of the charge[s]” but withheld adjudication of guilt on both Count I and IT. . DOH VS. MANUEL D, GAINZA, M.D., Case no, 2010-06081 2 5. The basis of the theft charge was that the Respondent, who was employed by A & L Diagnostic Center (A & L), utilized his Medicaid provider number to bill the Medicaid program for services rendered by unlicensed physicians. Although he denied using his Medicaid provider number, the Respondent admitted that he “illegally signed patient charts, Superbills, and prescriptions for unlicensed physicians that provided services to patients.” Billing records for the Respondent's Medicaid provider number, from on or about January 1, 2005 through December 30, 2007, show that he billed the Medicaid program for services he never provided to eighty-eight Medicaid recipients. 6. Despite the plea in circuit court the Respondent did not notify the Board of Medicine of that information within fifteen days after the _ final activity that rendered such information a fact. 7. Despite the plea in circuit court the Respondent did not update his practitioner profile. , COUNT I 8. Petitioner incorporates by reference the allegations in Paragraphs one through five as if fully set forth herein. 9. Section 458.331(1)(c), Florida Statutes (2009), provides that DOH VS. MANUEL D. GAINZA, M.D., Case no. 2010-06081 3 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 constitutes grounds for disciplinary action by the Board of Medicine. 10. On or about, March 18, 2010, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, in case number F09-037355A, the Respondent entered a plea of nolo contendere to the criminal offenses of: COUNT I — 1* degree felony: Grand Theft in violation of section 812.014(2)(a)1, Florida Statutes; and COUNT II — aiding and abetting the commission of the Unlicensed Practice of Medicine, a third degree felony, in Violation of section 458.327(1)(a). 11. Both crimes directly relate to the practice of medicine or the ability to practice medicine. 12. Based on the foregoing, Respondent has violated Section 458.331(1)(c), Florida Statutes (2009), by 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. DOH VS. MANUEL D. GAINZA, M.D., Case no. 2010-06081 4 COUNT II 13. Petitioner incorporates by reference the allegations in Paragraphs one through six as if fully set forth herein. 14. Section 456.072(1)(x), Florida Statutes (2009), provides that failing to report to the Board in writing within thirty days after a licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction Is grounds for disciplinary action by the Board of Medicine. 15. On or about, March 18, 2010, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, in case number F09-037355A, the Respondent entered a plea of nolo contendere to the criminal offenses of: COUNT I — 1* degree felony Grand Theft in — violation of section 812.014(2)(a)1, Florida Statutes; and COUNT II = aiding and: abetting the commission of the Unlicensed Practice of Medicine, a third degree felony, in violation of section 458.327(1)(a). 16. Atnotime did the Respondent report the entry of his plea of nolo contendere to the Board of Medicine. — 17. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2009), by failing to report to the Board DOH VS. MANUEL D. GAINZA, M.D., Case no, 2010-06081 5 in writing within thirty days after he had entered a plea of nolo contendere to a crime. COUNT IIT 18. Petitioner incorporates by reference the allegations in Paragraphs one through seven as if fully set forth herein. 19. Section 456.072(1)(w), Florida Statutes (2009), provides that failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile is grounds for disciplinary action by the Board of Medicine. 20. Section 456.041(3), Florida Statutes, provides that “criminal _ information that directly relates to the: practitioner's ability to competently practice his or her profession” must be included on a licensee’s Practitioner Profile. - 21. Section 456.042, Florida Statutes, provides that a practitioner must submit updates of required information within fifteen days after the final activity that renders such information a fact. DOH VS. MANUEL D. GAINZA, M_LD., Case no. 2010-06081 6 22. On or about, March 18, 2010, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida, in case number F09-037355A, the Respondent entered a plea of nolo contendere to the criminal offenses of: COUNT I — 1* degree felony Grand Theft in violation of section 812.014(2)(a)1, Florida Statutes; and COUNT II — aiding and abetting the commission of the Unlicensed Practice of Medicine, a third degree felony, in violation of section 458.327(1)(a). 23. Respondent failed, within fifteen days after the final activity that rendered the criminal Information’ a fact, to update his Florida profile to reflect his plea of nolo contendere to the crimes. 24. Based on the foregoing, Respondent violated Section _ 456.072(1)(w), Florida Statutes, by failing to timely update his Florida — practitioner's profile to reflect his current criminal history. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine 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 the Respondent on probation, corrective action, refund of DOH VS. MANUEL D. GAINZA, M.D., Case no. 2010-06081 7 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this ___2 gab day of Llach , 2012. Steven L. Harris, M.D., M.Sc. Interim State Surgeon General Jopéthan R. em Assistant General Counsel Department of Health DEPARTMENT OF HEALTH Prosecution Services Unit A Ae CLERK 4052 Bald Cypress Way, Bin C-65 Rank Angel Sanders Tallahassee, FL 32399-3265 DATE . MAR 2 6 2012 Florida Bar # 0083617 (850) 245-4640 (telephone) (850) 245-4681 (facsimile) JRZ/DGP PCP; 3-23-12 PCP Members: Stringer & Goersch DOH VS. MANUEL D, GAINZA, M.D., Case no, 2010-06081 8 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. 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 VS. MANUEL D. GAINZA, M.D,, Case no. 2010-06081 9 FILED STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH cierk Angel Sanders : DATE JUN 32 2012 DEPARTMENT OF HEALTH, - PETITIONER, v. CASE NO. 2010-06081 MANUEL DE JESUS GAINZA, M.D., RESPONDENT, / NOTICE OF SCRIVENER’S ERROR Petitioner, Department of Health, by and through its undersigned counsel, and files this Notice of Scrivener’s Error, and as grounds therefore states: 1. On March 23, 2012, Petitioner filed an Administrative Complaint against Respondent alleging violations of Section 458.331(1)(c), Section 456.072(1)(x), and Section 456.072(1)(w), Florida Statutes (2009). 2. Due to a Clerical error, paragraphs 4, 10, 15, and 22 of the Administrative Complaint contain the charge of “1% degree felony Grand Theft” but should use the charge of “2™ degree felony Grand Theft” and contain “in violation of section 812.014(2)(a)1, Florida Statutes,” but should state “in violation of section 812.014(2)(b)1, Florida Statutes.” Additionally, paragraph 4 states “a value in excess of $100,000.00” and should state “a value in excess of $20,000.00.” 3. Petitioner seeks to correct the clerical errors by filing a Corrected Administrative Complaint, in which the above-referenced errors are corrected. (See Exhibit A, Corrected Administrative Complaint) 4. The correction of these errors do not prejudice Respondent as the errors were not substantive in nature and the original Administrative Complaint put Respondent on notice of the nature of the violations alleged. 5. By copy of this Notice, Petitioner provides notice to Respondent of this clerical error, and the Petitioner's filing of the attached Corrected Administrative Complaint. 6. This Notice shall be effective upon service to the parties. Respectfully submitted this 21th day of June, 2012. JOHN H. ARMSTRONG, MD State Surgeon General Florida Department of Health Zt LEA FE nathan Zachem Assistant General Counsel _ Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0083617 (850) 245-4640 (telephone) (850) 245-4681 (facsimile) 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Scrivener’s Error has been furnished via U.S. Mail to: Mario Machado, Esq., 6780 Coral Way, Miami, Fl, 33155, this 224 day of June, 2012. athan R7 Zachem Assistant General Counsel JRZ

Docket for Case No: 12-002563PL