Marc Ito is an associate in the firm's Healthcare practice group in the Tallahassee office. Marc guides his clients through Florida's complex regulatory environment, focusing on regulatory compliance, litigation in all courts of Florida, Florida's Administrative Procedure Act, and administrative litigation. Marc's open minded approach helps to tailor his advice to his clients' resources and needs.
Marc represents predominantly healthcare providers, including hospitals, nursing homes, hospice care providers, and medical marijuana providers. As a former attorney for two of Florida's health agencies, including the Attorney General's Medicaid Fraud Control Unit, Marc brings a broad pool of experience from which to develop creative solutions. Marc assists his clients with certificate of need litigation, regulatory compliance, healthcare licensure, and other related healthcare litigation. Marc's good rapport with Florida's regulatory agencies ensures that his clients will efficiently exhaust all options before entering litigation.
Successful challenge to Agency rule governing application process for medical marijuana treatment centers.
Obtained Certificate of Need for bone marrow transplant program over objection of existing provider. Proved the need for new program and substantial change of circumstances from previous application.
Challenge to two emergency rules requiring immediate installation of generators at all Florida nursing homes and assisted living facilities. Emergency rules declared invalid due to unsupported allegations of "emergency" and arbitrary and capricious deadlines.
Demonstrated that applicant for trauma center was not needed and should be denied.
After successfully defending pari-mutuel operator against Department complaint, Department reversed administrative law judge’s findings and conclusions and attempted to impose penalty against permit holder’s license. Obtained reversal on appeal, with final determination that no licensure violation occurred. Department ordered to pay client’s attorney’s fees and costs for both the appeal and proceedings below.
Successfully defended determination of benefits based on evidence established at fair hearing.
Participated in 67-hospital coalition challenging a reduction in hospital payments by the Medicaid Program. After state agency denied standing, successfully appealed to the First District Court of Appeal, which remanded the case for adjudication.
Successfully opposed hospital-based hospice program due to substantial adverse impact on existing provider of hospice services.
Defended approval of Certificate of Need for new nursing home.
After existing trauma providers petitioned to challenge approval of new trauma center, the Department of Health dismissed petitions for alleged lack of standing. Obtained reversal on appeal, establishing that trauma centers were within zone of interest protected by statute, and were substantially affected by Department’s “provisional” approval of competitor.
After proving that long-standing agency rule governing the approval of new trauma centers was outdated and invalid, the agency appealed. Obtained order affirming that agency rule-based method for approving new trauma centers was invalid.
Represent Hospital in litigation challenging the Florida Agency for Healthcare Administration's published Medicaid outpatient payment rate.
Speaker, "Understanding the Rules: When to Use Uniform Rules and Rules of Civil Procedure", The Florida Bar Young Lawyers Division (November 2018)
Speaker, "The Riddle of the Sphinx: Emergency Rulemaking and Emergency Orders", The Florida Bar Pat Dore Administrative Law Conference: An APA Odyssey (October 2018)
Speaker, "Evidence Issues in Administrative Proceedings” at the 2017 Administrative Law Update: DOAH, Discovery and Dogs!, sponsored by The Florida Bar Continuing Legal Education Committee and the Administrative Law Section (November 2017)
Author, "Evidence at DOAH for Attorneys New to Administrative Practice, "Administrative Law Section Newsletter, Volume XXXIX, No. 1 (September 2017)
Author, Evidence at DOAH for Attorneys New to Administrative Practice, "Administrative Law Section Newsletter, Volume XXXIX, No. 2 (December 2017)