YY Y mip os - STATE OF FLORIDA riheD - DEPARTMENT OF HEALTH 99 uy 29 0 Pai a DEPARTMENT OF HEALTH, OIISHGS oF ADMINIS STRAT VE Petitioner, “ARINGS vs. CASE NUMBER: 97-04788 GERARD HUBBELL, 00-O0HV0 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Optometry against GERARD HUBBELL, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Optometry pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 463, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g) Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, U ] as appropriate; including the issuance of emergency orders of suspension or restriction. 2. Respondent is, and has been at all times material hereto, a licensed Optometrist in the State of Florida, having been issued license number OP 001386. 3. Respondent’s last known address is 924 S. Florida Avenue, Lakeland, FL 33803. . 4. On or about January 1, 1996, through on or about December 31, 1996, Peggy Hubbell, wife of the Respondent, worked in the Respondent’s office, on the medical files. 5. On or about April 7, 1997, a memorandum was written from Nancy Snurkowski to Julie Weeks to open a case against Respondent, based on a newspaper article dated on or about January 31, 1997, stating that Gerard Hubbell and Peggy Hubbell were arrested at the place of business on 16 felony-counts of fraud for billing Medicaid for services never rendered. 6 ¢ On or about September 3, 1997, Peggy Hubbell pled no contest to all 16 felony counts of fraud for billing Medicaid for services never rendered. U WY 7. Qnor about September 11, 1997, the State Attorney due to “lack of credible evidence” entered all 16 felony counts of fraud for Gerard Hubbell as a nolle prosequi. 8. Asa Supervisor or boss of his office, Mr. Hubble is responsible for all delegated tasks done by his employees or members of his staff. 9. Respondent was negligent in watching over the tasks of his" employees or staff. ) COUNT ONE 10. Petitioner realleges and incorporates by reference the allegations contained in the paragraphs one (1) through nine (9) above. 11. Based on the foregoing, Respondent has violated 463.016(1)(h), Florida Statutes, through a violation of Rule 64B13-3.015(3), which states that non-licensed supportive personnel may perform ministerial duties, tasks, and functions assigned to them by and performed under the general supervision of a licensed practitioner, and through a violation of 463.009, Florida Statutes, which states “The licensed practitioner shall be responsible for all delegated acts performed by persons under his direct and general supervision.” COUNT TWO 12. Petitioner realleges and incorporates by reference the : allegations contained in the paragraphs one (1) through nine (9) above. 13. Based on the foregoing, Respondent has violated 463.016(1)(g), Florida Statutes, by fraud or deceit, negligence or imcompetency, or misconduct in the practice of optometry. YU VY WHEREFORE, Petitioner respectfully requests the Board of ' Optometry to enter an order imposing one or more of the following penalties: revocation or suspension of Respondent’s license, restriction of Respondent’s practice, imposition of an administrative fine not to exceed $5000, issuance of a reprimand, placement of Respondent’s license on probation for a period of time and subject to terms and/or conditions, and/or any other relief that the board deems appropriate. SIGNED this k WA day of ( ohé ow , 1999. ce Robert G. Brooks, M.D. Secretary, Department of Health By Nancy Snurkowski, Chief Attorney Practitioner Regulation-Legal General Counsel’s Office-MQA Shannon Fleming SeniorAttorney Florida Bar Number 0166677 Agency for Health Care Administration Fi LE D General Counsel’s Office-MQA DEPARTMENT OF HEALTH Practitioner Regulation-Legal JEPUTY CLERK P.O. Box 14229 can iphonas Din Tallahassee, Florida 32317-4229 pate {0°22 (-99 (850) 487-9694 SF/cb 9/28/99

Docket for Case No: 00-000310