STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-26580 MARLENE MARRERO, R.N., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Marlene Marrero, RN, and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a registered nurse within the state of Florida, having been issued certificate number RN 1566192. DOH v. Marlene Marrero, RN Case Number 2016-26580 3. | Respondent’s address of record is 12503 S.W. 79th Street, Miami, Florida 33183. 4. On or about June 28, 2017, in the United States District Court for the Southern District of Florida, Respondent pled guilty to one count of Receipt of Kickbacks in Connection with a Federal Health Care Benefit Program in violation of 42 U.S.C. s. 1320a-7b(1)(A), relating to Medicaid program. 5. Section 456.072(1)(ii), Florida Statutes (2016), provides being convicted of, or entering a plea of guilty or nolo contendere to, the that any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid prog constitutes grounds for disciplinary action. ram 6. On or about June 28, 2017, in the United States District Court for the Southern District of Florida, Respondent pled guilty to one count of Receipt of Kickbacks in Connection with a Federal Health Care Bemefit Program in violation of 42 U.S.C. s. 1320a-7b(1)(A), relating to Medicaid program. DOH v. Marlene Marrero, RN Case Number 2016-26580 the 7. Based on the foregoing, Respondent violated settion 456.072(1)(ii), Florida Statutes (2016), by being convicted of, or enteri nga plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 100 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C 1320a-7b, relating to the Medicaid program. 1, s. ss. WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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, refun d of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [Signature page follows. ] DOH v. Marlene Marrero, RN Case Number 2016-26580 SIGNED this __18th_ day of September , 2017. Celeste Philip, MD, MPH State Surgeon General and Secretary Ar lL. Prescott Ann L. Prescott Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number 0092974 (850) 558 - 9886 Telephone (850) 245 - 4662 Facsimile Email: Ann.Prescott@flhealth.gov /ALP PCP: September 18, 2017 FILED HEALTH| PCP Members: Denker (chair) & Hubbard OE A PUTY GLERK CLERK stn anders DATE SEP 1 9 2017 DOH v. Marlene Marrero, RN Case Number 2016-26580 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 ree be A request or petition for an administrative hearing mus 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. Marlene Marrero, RN Case Number 2016-26580

Docket for Case No: 19-006637PL