STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, _ PETITIONER, ve | CASE NO. 2006-44035 MARSHA L, HOFFMAN-VAILE, M.D. _ RESPONDENT. | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Marsha L. Hoffman-Vaile, 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, and | Chapters 456 and 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was - licensed to practice medicine within the State of Florida pursuant to Chapter 458, Florida Statutes, having been issued license number ME 49025. él‘d OO Sk sade sk ver co:oT 800¢ ST Yer ca vA .ite ff : 3. ‘Respondent's address of record is 36 North Ocean Ridge Boulevard, Palm Coast, Florida 32137. a 4, ‘on or about July 21, 2005, Respondent was indicted in the United States District Court, Middle District of Florida, Tampa Division, Case Number 8:05-CR-307-T-24MSS, United States of America v. Marsha Lynn Hoffman-Vaile, on eighty-nine counts: Counts 1-44, Health Care Fraud, Counts 45-88, False Claims, and Count 89 Obstruction of Justice. 5. i On or about September 13, 2006, Respondent was found guilty by jury verdict in Case Number 8:05-CR-307-T-24MSS in the United States District Court, Middle District of Florida, Tampa Division, of eighty-nine counts: Counts 1-44, Health Care Fraud, Counts 45-88, False Claims, and Count 89 Obstruction of Justice. 6. | On or about May 31, 2007, Respondent was sentenced to: : a. Imprisonment for a term of sixty (60) months as to Count one through Eighty-Eight of the Indictment, and eighteen (18) months as to Count Eighty-Nine of the Indictment to run consecutive to Counts One through Eighty-Eight; &O"d OO Sk sade sk ver éeo:S7T 800¢ OT Yer b, Upon release from imprisonment, Respondent shall be on. supervised release for a term of thirty-six (36) months as to Counts One through Eighty-Nine of the Indictment; G Respondent shall also comply with the following edtona conditions of supervised release: | ji. ° Until such.time as the restitution is paid in’ full, : Respondent shall provide the probation officer access to-any™” * _ requested financial information. ii. Until such time as the restitution is paid in full, Respondent shall be prohibited from incurring new credit — | charges, opening additional fines of credit, acquisitions or : obligating herself for any major purchases without approval of | | the probation officer. | d. Respondent must pay restitution of $504,068. 05, within nny (90) days. 7 | ‘The crimes for which Respondent was convicted are crimes that relate to the practice of medicine and to the ability to practice medicine, The qualities essential to the practice of medicine include reliability, honesty, and good moral character. The crimes for which Respondent was pOd LO‘Sk 800e@ St Yer co:oT 800¢ ST Yer _ convicted demonstrate that Respondent lacks these essential qualities. By demonstrating that Respondent lacks these essential qualities, Respondent’ crimes relate to her ability to practice medicine by showing that she : not worthy to be entrusted with the privileges and authority vested in those who are licensed to practice medicine. 8. Section 458.331(1)(c), Florida Statutes (2006), provides that being convicted or found guilty of, or entering a plea oiriolo 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. 9. i Respondent's felony convictions for Counts 1-44, Health Care Fraud, and Counts 45-88, False Claims, directly relate to the practice of medicine in that Respondent was only able to engage in the actions resulting in her convictions through the use of her medical license. 10. Respondent’s felony conviction for Count 89, Obstruction of Justice, girectly relates to the practice of medicine in that Respondent lacked the qualities essential to the practice of medicine including reliability, honesty, and good moral character. 90d LO‘St 800e@ St Yer co:oT 800¢ ST Yer | | | 11. | Based on the foregoing, Respondent violated Section 458. sae Florida Statutes (2006), by being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in ahy jurisdiction which directly relates to Respondent's practice of — medicine or to Respondent's ability to practice medicine. WHEREFORE, 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, position 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. 90 ‘d LO‘St 800e@ St Yer SO:9T 800¢ ST Yer | tn SIGNED this_27'" day of Mur , 2007. PCP: sy 31, 3007 PCP Nemes (eke BALAK, Sree © Herp é0‘d LO‘St 800e@ St Yer So:9T 800¢ OT Yer Ana M. Viamonte Ros, M.D., M.PH. State Surgeon General ~ Staci Braswell Assistant General Counsel DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 ome Tallahassee, FL 32399-3265 Florida Bar # 0028845 (850) 245-4640 ’ (850) 245-4680 FAX NOTICE OF RIGHTS Respondent has the right to request a hearing to be: conducted in accordance with Sections 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 —...tosts 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 any other discipline imposed. Bod é0*S_ B800e St Yer SO:9T 800¢ ST Yer

Docket for Case No: 08-000255PL