STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO.: 2003-22429 RON WECHSEL, D.C., RESPONDENT. ee ADMINI TIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Ron Wechsel, D.C., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of chiropractic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 460, Florida Statutes. . 2. At all times material to this Complaint, ‘Respondent was 4 licensed chiropractic physician within the State of Florida, having been issued license number CH 6505 on or about October 8, 1992, J\PSU\Allied Health\Cynthia Jakeman\Weschel, Ron\proposed A.C,-Wechsel.doc 1 60"d zaptel go02 Ze #ny Priel 400% zz Bry 3. Respondent's address of record is 7800 West Upper Ridge Drive, Parkland, Florida, 33067, 4, On or about, December 2, 1998, patient BK presented to the Respondent for treatment related to an automobile accident which occurred on May 12, 1998. 5. Respondent failed to conduct an adequate examination and history of patient BK. 6. Respondent provided patient BK with follow up treatment.on or about the following dates: December 4, 7, 11, 14, 15, 17, 21, 22, 23, 28, 30, 1998, January 4, 5, 7, 11, 12, 15, 18, 19, 21, 25, 27, 29, February 1, 3, 5, 8, 10, 15, 17, 22, 24, March 1, 2, 4, 8, 10, 11, 15, 17, 22, 26, 29, 31, April 6, 7, 9, 19, 20, 22, 27, 28, 30, May 3, 6, 11, 12, 13, 14, 17, 19, 21, 24, 28, June 1, 4, 9, 11, 21, 25, 29, July 2, 9, 13, 16, 19, 21, 26, 30, August 2, 6, 9, 11, 13, 20, 24, 27, 31, 7, 13, 15, 22, 27, 29, October 4, 5, 11, 13, 26, November 5, 17, 22, 24, 29, 3, 10, 14, 20, 28, 1999, January 5, 12, 17, 21, 27, 31, February 8, February 16, 21, March 3, 7, 13, 21, 24, 29, April 6, 14, 24, May 10, 18, 26, 31, June 9, 21, 29, July 5, 8, 11, 21, 25, August 7, 14, 23, 28, September 6, 13, 18, 25, October 2, 11, 16, 23, November 1, 8, 15, 22, 29, December 4, 13, 20, 27, 2000, January 3, 17, 3:\PSU\Allied Health\Cynthia Jakeman\Weschel, Ron\proposed A.C,-Wechsel.doc 2 aL'd zpigk go02 22 #ny Ghiet 2ooz zz Bny 24, 31, February 12, 19, 28, March 7, 13, 21, March 28, April 2, 11, 18, 27, May 11, May 15, May 23, May 30, June 6, June 18, July 3, July 12, July 20, July 30, August 14, 31, October 1, 10, 16, 22, 29, November 5, 12, 20, 27, December 5, 12, 19, 26, 2001, January 10, 14, 21, 28, February 11, 20, March 4, 11, 18, 25, April 1, 15, 29, May 15, 29, June 12, 26, July 15, 31, August 26, 2002, September 9, 2002. 7. During each date of service, patient B.K. was generally provided with some combination of the following services: chiropractic adjustments, electrical muscle stimulation, neuromuscular reeducation and myofascial release. 8. The medical records maintained by the Respondent were inadequate to justify the number and/or types of treatments provided to patient BK. 9. Respondent billed and received payment from the workers’ compensation carrier and Medicare for services rendered to patient BK, 10. Respondent billed patient B.K. the difference between the fee schedule paid by the workers’ compensation carrier and Medicare, and the amount billed to patient B.K. JA\PSU\VAllied Health\Cynthia Jakeman\Weschel, Ron\proposed A.C.-Wechsel.doe 3 Lk'd epigk ¢o02 22 #ny Sriel 400% zz Bry Oo ao 11. Respondent failed to reflect in the practitioner's statement to patient B.K. what specific services weré compensated by the workers’ compensation carrier and Medicare. 12. By falling to reflect such, Respondent created the false impression that patient B.K, was liable for fees above and beyond the Medicare/workers’ compensation fee schedule, Count One 13. Petitioner re-alleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 14, , Section 460.413(1)(m), Florida Statutes (1998)-(2005), provides that failing to keep legibly written chiropractic medical records that identify clearly by name and credentials the licensed chiropractic physician rendering, ordering, supervising, or billing for each examination or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories, examination results, X rays, and diagnosis of a disease, condition, or injury is grounds for disciplinary action by the Board of Chiropractic Medicine, J\PSU\Allied Health\Cynthia Jakeman\Weschel, Ron\proposed A.C,-Wechsel.doc 4 Zk'd epigk ¢o02 22 #ny Sriel 400% zz Bry 15. Respondent violated Section 460.413(1)(m), Florida Statutes (1998)-(2005), by failing to maintain legible written chiropractic medical - records for patient BK that justified the course of treatment provided to her, 16. Based on the foregoing, Respondent violated Section 460.413(1)(m), Florida Statutes (1998)-(2005), by failing to keep legibly written chiropractic medical records that identify clearly by name and credentials the licensed chiropractic physician rendering, ordering, supervising, or billing for each examination or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories, examination results, X rays, and diagnosis of a disease, condition. Count Two 17, Petitioner re-alleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein, 18. Section 460.413(1)(n), Florida Statutes (1998)-(2005), subjects a chiropractic physician to discipline for exercising influence on the patient or client in such a manner as to exploit the patient or client for financial J:\PSU\Allied Health\Cynthia Jakeman\Weschel, Ron\praposed A.C.-Wechsel.doc 5 el-d epigl ¢o0e2 22 #ny Sriel 400% zz Bry ar unm on, gain of the licensee or of a third party which shall include, but not be limited to, the promotion or sale of services, goods or appliances, or drugs, 19, Rule 64B2-17.005, Florida Administrative Code, states that Overutilization of chiropractic services, goods, or testing, constitutes the exploitation of a patient for financial gain. 20. According to Rule 64B2-17.005, Florida Administrative Code, overutilization occurs when, among other things, the written chiropractic records, required to be kept by subsection 460.413(1)(m), Florida Statutes, do not justify or substantiate the quantity or number of chiropractic services, practices rendered, or goods or appliances sold by a chiropractic physician to a patient. 21, Respondent violated ‘Section 460.413(1)(n), Florida Statutes (2000)-(2005), by providing various chiropractic treatment modalities to patient BK even though BK’s patient records were insufficient to justify the medical need for the number of treatments. 22, Based on the Foregoing, Respondent has violated Section 460.413(1)(n), Florida Statutes (1998)-(2005), by exploiting. patient BK for financial gain. Count Three J:\PSU\Allied Health\Cynthia Jakeman\Weschel, Ron\proposed A.C,-Wechsel.doc 6 fled epigl ¢o0e2 22 #ny Ghiet 2ooz zz Bny ‘a a 23. Petitioner re-alleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 24. Section 460.413(1)(k), Florida Statutes (1998)-(2005), subjects a licensee to discipline, including suspension, for, making misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic medicine or employing a trick or scheme in the practice of chiropractic medicine when such trick or scheme fails to conform to the generally prevailing standards of treatment in the chiropractic medical community. 25. Respondent employed a trick or scheme in the practice of chiropractic medicine when such trick or scheme fails to conform to the generally prevailing standards of treatment in the chiropractic medical community: a. by receiving compensation from the workers’ compensation carrier and Medicare for services rendered and billing patient B.K. for the difference: b. by failing to reflect in the practitioner’s statement to patient B.K. what specific services were compensated by the workers’ compensation carrier and Medicare. J:\PSU\Allied Health\Cynthia Jakeman\Westhel, Ron\proposed A.C.-Wechsel.doc 7 GL 'd epigk ¢o02 22 #ny ariel 400% zz Bry fam an 26. Based on the foregoing, Respondent has violated Section 460.413(1)(k), Florida Statutes (1998)-(2005), by making misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic medicine or employing a trick or scheme in the practice of chiropractic medicine when such trick or scheme fails to conform to the generally prevailing standards of treatment in the chiropractic medical community. WHEREFORE, Petitioner respectfully requests that the Board of Chiropractic 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 fees. billed or collected, remedial education and/or any other relief that the Board deems appropriate, J:\PSU\Allied Health\Cynthia Jakeman\Weschel, Ron\proposed A.C.-Wechsel.doc 8 qld Peigk ¢