STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) PETITIONER, 5 v. } . CASE NO. 1999-52919 ROBERT CORBETT, D.O., } 00 -/038A~ RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Osteopathic Medicine against Robert Corbett, D.O., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes, Chapter 455, Florida Statutes, and Chapter 459, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of . Medical Quality . Assurance, councils, or boards, as appropriate. 2. Res ondent is sand has been a at tall times material hereto a a licensed osteopathic physician in the State of Florida, ‘having been issued license himaber os 00043 310. ‘Respondent’ s last known address is P.O. Box 1120, Crystal River, Florida 34423-1120. ; . ; go- ae av 3. In or about May 1998, Patient AB., a twenty (20) year old female, presented to Respondent and was treated by Respondent for injuries which were sustained as a result of an accident which occurred on or about May 15, 1998. 4. On or about September 30, 1998, Patient A.B.’s attorney forwarded a letter to Respondent requesting copies of all medical records, reports and bills for services rendered to Patient A.B. An authorization for release of medical records was included with this request. 5. On or about October 30, 1998, Patient A.B.’s attorney, Mr. Janssen, forwarded a second request to Respondent requesting copies of all medical records, reports and bills for services rendered to Patient AB. 6. On or about November 11, 1998, Brenda Garrison, on Respondent’ s behalf, forwarded a letter acknowledging the request for copies of the medical records for Patient A.B. It was noted in this response that before medical records are released the fee for such a service be paid in full by the person(s) requesting the information and that the fee for Patient A.B.’s records was $75.00. Patient A. B.’ s attomey responded to Respondent via ; facsimile and notified Respondent ‘that Florida Law limits ‘the changes to $1.00 per Page for medical records, reports and bills and requested the number of pages: for Patient AB.’s ; medical : records and bills and that he would subsequently send a check for the said records. 8. “One or - about November 16, 1998, Patient AL B. Ss ; attorney, on behalf of a second client, a es Patient L. A, also notified Respondent that Florida I Taw limits the charges to $1. 00 per page for medical records and bills and requested the number of pages for Patient L. A.’s records and bill a “and that he would subsequently send a check for the said records. aN sat ; Ler a ; od 9. . Pursuant to Rule 64B15-15.003, Florida Administrative Code, (1) Any person licensed pursuant to Chapter 459, F.S., required to release copies of patient medical records may condition such release upon payment by the requesting party of the reasonable costs of reproducing the records. - (2) Reasonable costs of reproducing copies of written or typed documents or reports shall be as follows: (a) For the first 25 pages, the cost shall be no more than $1.00 per page. (b) For each page in excess of 25 pages, the cost shall be no more than 25 cents. 10. On or about November 17, 1998, Respondent forwarded a letter to Patient A.B.’s attorneys, which noted the cost for the medical records for Patient A.B. An itemized summary of charges for Patient A.B. noted that there were thirty-one (31) pages of medical records, therefore requiring a remittance of $31.00 and a $44.00 fee for clerical and postage which resulted in a total amount due of $75.00. 11. On or about November 17, 1998, Respondent forwarded a letter to Patient L.A.’s attorneys, which noted the cost for the medical records for Patient L.A. The itemized summary of charges for Patient L.A. noted that there were fifty-nine (59) pages of medical records, therefore requiring a remittance of $59.00 and a $50.00 fee for clerical and postage which resulted in a total amount due of $109.00. 12. On or about November 17, 1998, Respondent advised Patient A.B.’s and Patient that this was the second time that he had been forced to review these charts and that if there were further requests the costs would be appropriately increased. — 13. On or about November 18, 1998, counsel for Patient A.B. and Patient L.A. responded to Respondent’s cost summary via certified mail, and enclosed a check in the amount of $90.00 to cover the $31.00 for copies of Patient A.B.’s medical records and $59.00 for those of Patient L.A. y that he would send ‘the records after he received payment. Respondent also noted Respondent did provide, upon payment in the amount ¢ 0. $90. on or rabout November 23, 1998, the requested medical records. | ae The letter also stated that if he did not receive the requested récords within ten (10) days, he would go forward with a complaint with the Agency. 14. On or about November 23, 1998, Jan Corbett signed the certified return receipt on behalf of Respondent for the letter with the enclosed payment of $90.00 for the medical records, acknowledging receipt. 15. Respondent has not responded to the request for medical records. 16. A reasonably prudent osteopathic physician in a similar situation would have charged the appropriate fee for the records parsuant to Rule 64B15-15.003, Florida Administrative Code, and would have subsequently forwarded these records as required by Section 455.667(4), Florida Statutes which requires a licensed osteopathic. physician, 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. 17. In or about August, 1999, approximately eleven months after the legal representative for Patient A. B. and Patient L.A. initially requested copies of their respective medical records, to cover 1 the $31. 00 for copies of Patient L. A ‘hich was s forwarded t to him “18. Areasonably prudent osteopathic physician ‘ina similar situation would have provided the requested medical records i in a more timely manner, upon receipt of the requested information in writing, as well as $ payment, as is s required by Section 455. 667(4), Florida Statutes which ny requires a licensed osteopathic physi upon request of such person or the. Person’s legal ; representative furnish, i in a timely manner, without delays for legal review, copies of all reports vw YY and records relating to such examination or treatment, including X-rays and insurance information. COUNT ONE 19. Petitioner realleges and incorporates paragraphs one (1) through eighteen (18), as if fully set forth herein this Count One. 20. Respondent failed to perform any statutory or legal obligation placed upon a licensed osteopathic physician, in that Respondent failed to furnish, upon request of Patient A.B. and Patient L.A., or their legal representatives, 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 as required under Section 455.667(4), Florida Statutes. . 21. Based on the foregoing, Respondent has violated Section 459.015(1)(g), Florida : Statutes, by filing to perform any statutory or legal obligation on placed upon a licensed physician. COUNT TWO 22. Petitioner realleges and incorporates paragraphs one (1) through eighteen (18) and i aph twenty (20) as if fully set forth herein this Count Two. “23. Respondent violated a rule o in that Respondent required payment to reproduce medical records from Patient A.B. and Patient L.A, or their legal representatives, in excess of the amount permitted in Rule 64B15-15.003, Florida Administrative Code. 24. Based on the foregoing, Respondent violated Section 459.015(1)(bb), Florida Statutes, by violating any provision of this chapter, a rule of the board or department, or a lawful e ard or + department, ora lawful order of the board, wd a) order of the board or department previously entered in a a disciplinary hearing or failing to comply with a lawfully issued subpoena of the board or department. WHEREFORE, the Petitioner respectfully requests the Board of Osteopathic Medicine enter an order i imposing one or more of the following ‘penalties: permanent revocation « or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 455.624(4), Florida Statutes, and/or any other relief that the Board deems appropriate. 1999. SIGNED this 23% say of Darerabe Robert G Brooks, M_D., Secretary Chief Medical Attorney “COUNSEL FOR DEPARTMENT: FILE oe oven en sot NT OF HEALTH Kathryn L. Kasprzak » pear CLERK Chief Medical Attorney Q. ee : Agency for Health Care Administration CLERK / q P.O. Box , pate [| AAA “Tallahassee, 323 Florida Bar # 0937819 KLK/LFM PCP: November 18, 1999 PCP Members: Hand and Kaufman

Docket for Case No: 00-001032