Apr 10 2006 12:45 Apr 10 2006 12:46 P. 02 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vs CASE NO. 2002-10272 ~ MARCO TULIO MOLINARES, M.D., _ RESPONDENT. COMES NOW, Petitioner, Department of Health, by and through its "undersigned d counsel, a and files ‘this Administrative Complaint ‘before th the Board of Medicine against Respondent, Marco Tullo Molinares, 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 66059, DOH V, Malinares 2002-10272 Administrative Complaint 3. Apr 10 2006 12:45 Apr 10 2006 12:46 P.03 Respondent's address of record is 5660 Southwest 149" Avenue, Miami, Florida, 33193. 4. On or about May 8, 2002, Respondent was charged by criminal information in Miami-Dade County. 5. Respondent was charged with eleven counts of Filing False/Fraudulent Insurance Claims, ten counts of Grand Theft, and one count of Organized Fraud. 6. Count One of the criminal information is as follows: MARCO TULIO MOLINARES on or about MARCH 5, 1999 through MAY 25, 1999, in the County and State aforesaid, did unlawfully, willfully and feloniously and with the intent to injure, defraud or deceive an. insurance. company, to wits. FORTUNE . INSURANCE COMPANY, Present, cause to be presented, or prepare or make with knowledge or belief that it would be Presented to any insurer, purported insurer, servicing corporation, insurance broker, or insurance agent, or any €mployee or agent thereof, any false, incomplete, or misleading information or written or oral statement as part of and/or in support of a claim for payment or other benefit pursuant to an insurance policy knowing that such statement contained false, incomplete. or misleading information concerning any fact or thing material to such claim, to wit: FRAUDULENT MEDICAL BILLING FOR SERVICES NOT RENDERED FOR PATIENT LUIS SUAREZ, in violation of s. 817.234(1) and s, 777.011 Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida, DOH ¥. Molinares 2003-39272 2 Administrative Complains Apr 10 2006 12:45 Apr 10 2006 12:46 P. O04 7, On or about December 3, 2003, Respondent pled to Count One of the criminal information, Respondent received probation as part of his criminal sentence, 8. The criminal count of filing false insurance claims is directly related to the practice of medicine. 9. — Section 458,331(1)(c), Florida Statutes (2003), provides that being convicted or found guilty of, or entering a plea of nolo contendre 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. which directly relates to the practice of medicine, 11. Based on the foregoing, Respondent has violated Section 458,331(1)(c), Florida Statutes (2003), by entering a plea to a crime that is directly related to the practice of medicine. 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 V. Malinares 2002-10272 3 Administrative Complaint Apr 10 2006 12:47 Apr 10 2006 12:46 P.O5 fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this _ 4|k- day of Nae , 2004, John O, Agwunobi, M.D., M.B.A. i if 7: of Health _ Ellen M. Simon FILED Assistant General Counsel DEPARTMENT OF HEALTH DOH Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way, Bin C-65 curak Njncbhs Columast Tallahassee, FL 32399-3265 pate Fr Bl-OS Florida Bar # 0976792 : (850) 414-8126 (850) 414-1989 FAX DOH v. Marco Tulio Molinares, M.D. DOH Case No, 2002-10272. Reviewed and approved by: a __(initials) afta ox (date) PCP: may 27, 2005 PCP Members: 1-panri, Leng DOH ¥. Molinares 2002«1 0272 4 Administrative Complaint . Apr 10 2006 12:47 Apr 10 2006 12:47 P. 06 DOH v. Marco Tulio Molinares, M.D. DOH Case No. 2002-10272 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 V. Molinares 2002-10272 5 Administrative Complaint

Docket for Case No: 06-001217PL