STATE OF FLORIDA BOARD OF DENTISTRY DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE No. 2016-13367 2016-14511 MARINO FRANK VIGNA, D.D.S., 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. 3. Respondent’s address of record is 7171 Northwest 126th Terrace, Parkland, Florida 33076. 4, Ina 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. 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 16-004513CFLOA 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. 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), 4 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. 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] 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 chew our 2016, CELESTE PHILIP, M.D., M.P.H. Surgeon General and Secretary of Health Ca" Ro rison FILED Assistant General Counsel Department Of Health DOH Prosecution Services Unit Deputy Clerk 4052 Bald Cypress Way, Bin C-65 Sie Angel Sunsdons Tallahassee, Florida 32399-3265 NN SEP 1 3 2016 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 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 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

Docket for Case No: 16-006771PL