STATE OF FLORIDA BOARD OF CHIROPRACTIC MEDICINE DEPARTMENT OF HEALTH, PETITIONER, V: CASE NO. 2013-13871 DAVID JAMES KIDD, 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, David James Kidd, D.C. In support, Petitioner 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 order, Respondent was licensed to practice chiropractic medicine in the State of Florida, having been issued license number CH 7050. 3. Respondent's address of record is 3720 Inverray Drive 1Y, DOH v. David James Kidd, D.C. 1 Case No. 2013-13871 Lauderdale, Florida 33319. 4. At all times relevant to this complaint, Respondent was the owner/operator of Espanola Chiropractic located in Naples, Florida and also provided care directly to patients. 4. Onor about December 5, 2011, an undercover officer (UC) from the Collier County Sheriffs Office claiming to have suffered injuries from a fictitious automobile accident, presented to Espanola Chiropractic. 5. _ As part of the investigation, the UC was provided with a fictitious automobile insurance policy from Liberty Mutual Insurance Company. 6. Respondent created and/or signed a patient record, or “SOAP” note, purporting that Respondent provided treatment to the UC on or about December 5, 2011. 7. The UC did not receive any treatment from the Respondent on or about December 5, 2011. 8. | While the UC received some treatment from a Licensed Massage Therapist on or about December 5, 2011, the treatment received was substantially less than what was billed by Respondent. 9. The UC returned to Espanola Chiropractic approximately forty-two times. DOH v. David James Kidd, D.C. 2 Case No. 2013-13871 10. Respondent had a pattern of billing UC’s insurance company, or electronically signing Health Insurance Claim Forms (“HICF”) submitted for billing to UC’s insurance company for substantially more services than were actually provided to the UC. 11. On one or more occasions, Respondent billed for providing chiropractic adjustments to the UC that were not actually provided. 12. On one or more occasions, Respondent created and/or signed a patient record, or “SOAP” note, purporting that Respondent provided the UC with chiropractic adjustments that were not actually provided. 13. Chiropractic adjustments must be performed by a chiropractor and cannot be delegated someone working under a chiropractic physician’s supervision such as a chiropractic assistant or massage therapist. 14. On one or more occasions, the Respondent billed for providing a chiropractic examination to the UC that was not actually provided. | 15. On one or more occasions, Respondent created and/or signed a patient record, or “SOAP” note, purporting that Respondent provided chiropractic examinations to the UC that were not actually provided. 16. Chiropractic examinations must be performed by a chiropractor or delegated to an approved Certified Chiropractic Physician Assistant working DOH v. David James Kidd, D.C. 3 Case No. 2013-13871 under the chiropractor’s supervision. Chiropractic Examinations cannot be delegated to chiropractic assistants or massage therapists. 17. Respondent does not have any approved CCPAs working under his supervision. Count I- False, Misleading, Deceptive Statement in Practice of Chiropractic Medicine 18. Petitioner re-alleges and incorporates paragraphs one (1) through seventeen (17), as if fully set forth herein. 19. Section 460.413(1)(k), Florida Statutes (2011), subjects a chiropractic physician to discipline for making misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic medicine. 20. Respondent made misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic medicine through one or more of the following: a) By creating or causing to be created patient records for treatment allegedly provided to the UC that was not actually provided, including but not limited to, chiropractic examinations, chiropractic adjustments, and various treatment modalities; b) By signing HICFs for the UC billing for treatment allegedly provided to the UC that was not actually provided, including but not limited DOH v. David James Kidd, D.C. 4 Case No. 2013-13871 to, chiropractic examinations, chiropractic adjustments, and various treatment modalities. 21. Based on the foregoing, Respondent violated Section 460.413(1)(k), Florida Statutes. | Count II- Making or Filing a False Report 22. Petitioner re-alleges and incorporates paragraphs one (1) through seventeen ( 17), as if fully set forth herein. . . . 23. Section 460.413(1)(j), Florida Statutes (2011), subjects a chiropractic physician to discipline for making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. | 24. Respondent made or filed a report which he knew to be false through one or more of the following: a) By creating or causing to be created patient records for the for treatment allegedly provided to the UC that was not actually provided, including but not limited to, chiropractic examinations, chiropractic adjustments, and various treatment modalities; DOH v. David James Kidd, D.C. 5 Case No. 2013-13871 b) By signing HICFs for the UC billing for treatment allegedly provided to the UC that was not actually provided, including but not limited to, chiropractic examinations, chiropractic adjustments, and various treatment modalities. 25. Based on the foregoing, Respondent violated Section 460.413(1)(j), Florida Statutes. Count III- Billing for Services Not Rendere 26. Petitioner re-alleges and incorporates paragraphs one (1) through seventeen (17), as if fully set forth herein. 27. Section 460.413(1)(x), Florida Statutes (2011), subjects a chiropractic physician to discipline for submitting to any third-party payor a claim for a service or treatment which was not actually provided to a patient. 28. Respondent signed HICFs for the UC billing for treatment allegedly provided that was not actually provided, including but not limited to, chiropractic examinations, chiropractic adjustments, and various treatment modalities. 28. Based on the foregoing, Respondent violated Section 460.413(1)(x), Florida Statutes (2011). DOH v. David James Kidd, D.C. 6 Case No. 2013-13871 WHEREFORE, the 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. - SIGNED this_\* day of __Agc:\ 2014. John H. Armstrong, MD FACS Surgeon General & Secretary “ Assistant ‘General Cour’Sel - Fla. Bar No. 0542131 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 245-4444 x. 8176 Facsimile: (850) 245-4681 Email: tobey.schultz@flhealth.gov FILED : DEPARTMENT OF H PCP: 3/28/14 Hoffman & Reynolds DEPUTY CLERK 7H CLERK: DOH v. David James Kidd, D.C. 7 Case No, 2013-13871 pate: APR 03 2014 eer ‘NOTICE OF RIGHTS Respondent has the right to request or petition for a formal administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a formal administrative hearing is requested. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. , A request or petition for a formal administrative hearing must be in writing and must be received by the Department within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Department at the following address: Department of Health Prosecution Services Unit Attention: Tobey Schultz 4052 Bald Cypress Way, Bin #C65. Tallahassee, Florida 32399-1701 Mediation is not available as an alternative remedy. If your request or petition for a formal administrative hearing is not received by the Department within twenty-one (21) days from your receipt of this Administrative Complaint, that failure will constitute a waiver of your right to a formal administrative hearing, and the Administrative Complaint will be incorporated in the final order of the Board. DOH v. David James Kidd, D.C. . 8 Case No. 2013-13871 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. David James Kidd, D.C. 9 Case No. 2013-13871

Docket for Case No: 16-000688PL