Oct 25 2007 11:06 OcT-25-26a7 11:22 P8248 STATE OF FLORIDA DEPARTMENT OF HEALTH ‘DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO.: 2006-04204 MARTIN GROSSMAN, D.C., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department. of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Chiropractic Medicine against Respondent, Martin Grossman, D,C., and in support 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 a licensed chiropractic physician within the State of Florida, having been issued license number CH 3147 on or about April 28, 1979. 3, Respondent’s address of record is 3111 Pounce De Leon Boulevard, Coral Gables, Florida 33134. J:\PSU\Medical\Tobey\, CAS = S\Grogseman, Martin\z2006-04204\A.C.-Grossman. doc 1 £002 € 0 ONY Oct 25 2007 11:06 OCT-25-2087? 11:22 P.@9/28 4. On or about February 7, 2003, patient MM presented to Respondent for treatment of injuries sustained when she was struck by a motor vehicle on January 31, 2003. Prior to presenting to the Respondent, patient MM had received treatment for these injuries at the Pan American Hospital were she was examined, x-rayed, and given crutches for her ankle injury. 5. Patient MM presented to the Respondent with complaints . of severe stiff neck, bilateral upper back pain, and right ankle pain. 6. Respondent examined patient MM and diagnosed her with cervicobrachial syndrome, para spinal myofascitis, torticollis and an ankle sprain. 7. The examination consisted of palpation findings, cervical range of motion, Soto Hall test, Deep tendon reflexes and sensory testing. There were no vital signs, no cranial nerve test, no specific test for the diagnosis of Cervicobrachial Syndrome and no orthopedic test found on the exam for the ankle injury. There is no record that the Respondent reviewed the x-rays taken at the Pan American Hospital following the accident. 8. Respondent treated patient MM approximately 24 times from her first visit on February 7, 2003, until July 16, 2003. J: \PSU\Medi cal \Tobey \, CAS E S\Grossman, Martin\2006-04204\4.C,-Grossman,doc 2 Oct 25 2007 11:07 OCT-25-2087? 11:23 P.18/28 9. Respondent generally provided patient MM with some combination of the following treatments during each visit: chiropractic manipulation, neuromuscular reeducation, aqua therapy, ultrasound, acupuncture, and diathermy. 10. On July 31, .2003, patient MM was a passenger in a Metro Dade County bus that was involved in a MVA. As a result patient MM suffered injuries that superimposed on her previous condition. 11. Patient MM was seen by the Respondent for examination and treatment related to the new accident on August 4, 2003. 12. During the August 4, 2003, examination patient MM presented with complaints of constant ache from her neck radiating into her mid back down into her lower back, Fatient MM further indicated that she had blurred vision which she attributed to muscle relaxants prescribed at the hospital. 13. Respondent's examination consisted of palpation findings, range of motion measurements of the cervical and lumbar spine, deep tendon reflexes of the upper and lower extremities, sensory testing and three orthopedic tests: Kemps for low back; Soto Hall and Cervical Fixation, Kemps was negative, Soto Hall resulted in pain and Cervical Fixation resulted in reported pain, but there is no record as to the nature, location or extent of the reported pain. J: \PSU\Medical \Tobey\ CAS E S\Grossman, Martin\2006-04204\A.¢, -Groseman.doc 3 Oct 25 2007 11:07 OCT-25-2087? 11:23 P.11/28 14. Respondent diagnosed patient MM as having cervical sprain, lumbar sprain and paraspinal myofascitis. There was no mention of the previous ankle injury or symptoms. 15. Respondent treated patient MM approximately 16 more times concluding treatment on October 31, 2003. Thereafter, patient MM discontinued treatment and moved to Atlanta, Georgia. 16. Respondent generally treated patient MM with some combination of the following services during each visit: chiropractic manipulation, electrical muscle stimulation, neuromuscular xreeducation, acupuncture, diathermy and aqua therapy - 17. On or about March 14, 2006, Respondent prepared a Final Report which diagnosed patient MM with cervical strain, thoracic strain, mild concussion and ankle injury. 18. The medical records created by the Respondent failed to justify his diagnoses of cervicobrachial syndrome, torticollis, ankle sprain, or concussion, . 19. Respondent's daily treatment notes consisted of circling several options on a pre-printed form for his subjective findings, symptoms on each day, progress since the last treatment, and activities that were uncomfortable to perform as well as writing some brief patient specific notes. 20. Respondent's treatment notes were often times illegible. Ji\PSU\Medical\Tobey\___¢C A £ £ 8\Gressman, Martin\2006-04204\A.C, -Grossman.doc 4 Oct 25 2007 11:07 OCT-25-2087 11:23 P.12/28 21. the treatment motes created by the Respondent failed to justify the care rendered by the Respondent. 22. The treatment notes created by the Respondent failed to adequately describe the treatment provided; For instance the treatment records failed to state what anatomical region was treated with any of the modalities or for what period of time, and there was no record of the specific spinal levels being adjusted or what technique was used. 23. From the time when she discontinued care, Patient MM and her attorneys made several requests for copies of her medical records. 24. Respondent failed to promptly comply with patient MM’s request for a copy of her medical records and only provided patient MM with a copy on or about March 25, 2006, after she filed a complaint with the Department. Count One 25. Petitioner re-alleges and incorporates paragraphs one (1) through twenty-four (25) as if fully set forth herein. 26. Section 460.413(1)(m), Florida Statutes (2002)-(2006), 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 ef the J:\PSU\Medical\Tobey\__C A 5 E §\Grossman, Martin\2006-04204\A.C.-Grossman.doc 5 Oct 25 2007 11:07 OCT-25-2087? 11:23 P, 13728 patient, including, but net 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. 27. Respondent violated Section 460.413(1)(m), Florida Statutes (2002)-(2006), in the following ways: a) by failing to maintain legible written chiropractic medical records for patient MM that justified diagnoses of cervicobrachial syndrome, torticollis, ankle Sprain, or concussion; b) by failing to maintain legible written ‘chiropractic medical records for patient MM that justified the course of treatment provided to her; c) by failing to maintain legible written chiropractic medical records for patient MM that adequately describe the treatment provided. 28. Based on the foregoing, Respondent violated Section 460.413(1)(m), Florida Statutes (2002)-(2006), by failing to keep legibly written chiropractic medical records for patient LT 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 J:\PSU\Medical\Tebey\__C A 5 E 8\Grossman, Marcin\Z006-04204\A.¢.-Grossman.doc 6 Oct 25 2007 11:08 OCT-25-2087? 1itea4 P.14/28 not limited to, patient histories, examination results, X rays, and diagnosis of a disease, condition. COUNT TWO 29. Petitioner re-alleges and incorporates paragraphs one .(1) through twenty-four (24) as if fully set forth herein. 30. Section 460.413(1) (ff), Florida Statutes (2002) = (2006), provides that violating any provision of chapter 456 or chapter .460, or any rules adopted pursuant thereto is grounds for disciplinary action by the Board of Chiropractic Medicine. 31. Rule 64B2-17.0065, Florida Administrative Code (F.A.C.), sets forth the minimal recordkeeping standards as set forth below in pertinent part; a. Rule 64B2-17.0065(3), F.A.C., states that the medical record shall be legibly maintained and shall contain sufficient information to identify the patient, support the diagnosis, justify the treatment and document the course and results of treatment accurately, by including, at a minimum, patient histories; examination results; test results: records of drugs dispensed or administered; reports of consultations and hospitalizations; and copies of records or reports or other documentation obtained from other health care practitioners at the request of the. physician and relied upon by the physician in _ determining the appropriate treatment of the patient. Initial J:\PSU\Medical \Tobey\, CAS E S\Grossman, Martin\z006-04204\A_C.-Gressman.daoc 7 Oct 25 2007 11:08 OCT-25-2087? 1itea4 P.15/28 and follow-up services (daily records) shall consist: of documentation to justify care. b. Rule 64B82-17,0065(4), F.A.C., states that all patient records shall include a patient history; symptomatology and/or wellness care; examination finding(s), including X-rays when medically or clinically indicated; a diagnosis; a prognosis; assessment(s); a treatment plan; and, treatments provided, 32. Respondent failed to comply with Rule 64B2-17.0065, F.A.C., im one or more of the following ways: a) by failing to Maintain legible written chiropractic medical records for patient MM that justified diagnoses of cervicobrachial syndrome, torticollis, ankle sprain, or concussion; b) by failing to maintain legible written chiropractic medical records for patient MM that justified the course of treatment provided to her, and; c) by failing to maintain legible written ‘chiropractic medical records for patient MM that adequately describe the treatment provided. 33. Based on the foregoing, Respondent has violated Section 460.413 (1) (££), Florida Statutes (2002)-(2006), by J:\PSU\Medical \Tobey\, CAB E B\Grossman, Martin\2006+04204\A.C.-Grossman. doc 8 Oct 25 2007 11:08 OCT-25-2087 11:24 P.16/28 violating Rule 64B2-17.0065, F.A.C., through a violation of minimal standards for chiropractic record keeping. Count Three ‘ 34. Petitioner re-alleges and incorporates paragraphs one (1) through twenty-four (24) as if fully set forth herein. 35, Section 460.413(1)(n), Florida Statutes (2002)- (2006), 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 gain of the licensee ox of a third party which shall include, but not be limited to, the promotion or sale of services, goods or appliances, or drugs. 36. 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. 37. According to Rule 64B2-17.005, F.A.C., 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. J:\PSU\Medical \Tobey\__c A § E S\Grossman, Marcin\2006-04204\A.C, -Grossman.doc 9 Oct 25 2007 11:09 OCT-25-2687 i11ted P.17/2e 38. Respondent violated section 460.413(1) (n), Florida Statutes (2002)-(2006), by administering numerous treatments to patient MM without maintaining sufficient chiropractic records that justified the need for the services provided. 39, Based on the Foregoing, Respondent has violated Section 460.413(1)(n), Florida Statutes (2005)- (2006), by exploiting patient MM for financial gain. Count Four 40. Petitioner re-alleges and incorporates paragraphs one (1) through twenty-four (24) as if fully set forth herein. 41. Section 460.413(1) (i), Florida Statutes (2005)-(2006), subjects a chiropractic physician to discipline for failing to comply with any statutory or legal obligation. 42. Section 456.057, Florida Statutes (2002)- (2006), requires that any health care practitioner licensed by the department or a board within the department who makes a physical er mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person's legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. JO: \PSU\Medical\Tobey\ CAS E S\Grossman, Martin\2006-04204\A.C,-Grossman.doc 10 Oct 25 2007 11:09 OCT-25-20? 11:25 P.18/28 43. Respondent failed to promptly provide patient MM with copes of his medical records in a timely manner despite several requests to do so. 44. Based on the foregoing, Respondent has violation Section 460.413(1) (i), Florida Statutes (2002)- (2006), by failing to perform any statutory or legal obligation. WHEREFORE, Petitioner respectfully requests that the Board of Chiropractic Medicine enter an ordex 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. “ . d:\P8U\Medical \Tobey\ CASE 8\Groesman, Martin\2006+04204\A.C,-Grossman.doc 11 Oct 25 2007 11:09 OCT-25-2087 11:25 P.19/28 SIGNED this 1™ day of Ausk , 2007. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General — Tobey .sthulitz Assistant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, FL 32399-3265 DERUTY GLER Florida Bar # 0542131 (850) 245-4640 ext. 8176 (850) 245-4682 FAX tobey_schultz@doh.state.fl.us PCP: 7/31/07 Wellikoff & Jenkins Ji \FSU\Medical\Tobey\_wuc A 5S E S\Grossman, Martin\2006-04204\A.C.-Grossman.doc Oct 25 2007 11:09 OCT-25-2087 11:25 P. 28/28 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 Grogss-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. Ji\PSU\Medical\Tobey\uowoc AS E §\Gressman, Martin\2006-04204\A.C.-Grogeman. doe . 13 TOTAL FP. 2a

Docket for Case No: 07-004876PL