February 24, 2010

The State Board of Chiropractors announced today disciplinary action against the following licensees:

Deborah Mager, Beverly:
The Board suspended the license of Mager, a chiropractor, for four years; 12 months served and the remaining three years stayed, followed by 12 months of probation.

During the 12-month served suspension time frame, Mager cannot practice chiropractic. During the stayed suspension and the probation period, Mager's practice will be monitored by another Massachusetts chiropractor who shall submit quarterly reports to the Board. In addition, Mager is required to engage the services of a compliance auditor who shall conduct a compliance audit and assessment and develop a written compliance plan for Mager. Mager is also required to pay the Board a $1,000 fine and complete 36 additional hours of continuing education.

The Board issued this discipline following an adjudicatory hearing. The Board found that Mager was in violation of the following while working at Mager Chiropractic: [1] 233 CMR 4.02 (for failing to predicate all decisions regarding the use of supportive procedures and therapies upon a properly documented clinical rationale and for failing to record the details of all supportive procedures or therapies when provided); [2] 233 CMR 4.05 (for failing to maintain an adequate and accurate clinical record for each patient in her care); [3] 233 CMR 4.07 and 4.06(f)/(6) (for negligent and incompetent practice); [4] 233 CMR 4.08 and 4.06(i)/(9) (for overutilization of practice by providing treatments that were excessive in quality and amount to the needs of a patient); [5] 233 CMR 4.09 and 4.06(j)/(10) (for imposing improper charges for services); [6] 233 CMR 4.10 and 4.06(k) (for claiming professional qualifications that differ from the Respondent's actual qualifications); [7] 233 CMR 4.11 and 4.06(l)/(12) (for making a false statement or misrepresentation of material fact in connection with an application or claim for payment of a health care benefit); [8] Massachusetts General Law Chapter 112, Section 61 and 233 CMR 4.06(p/q)(12/20) (for practicing the chiropractic profession with deceit and gross misconduct); and [9] Massachusetts General Law Chapter 112, Section 93 and 233 CMR 4.06(q)/(20) (for unprofessional conduct in the practice of the profession).

Urvashi Patel, Haverhill:
The Board disciplined Patel by assessing her with a $100 fine. In a written agreement, Patel admitted that she provided chiropractic treatment in an unlicensed facility while working at Videyko Chiropractic in Newburyport in 2009. Patel admitted that this conduct warranted discipline pursuant to 233 CMR 4.06(19).

Raphael Hartzog, Florence:
The Board placed Hartzog's license to practice as a chiropractor on probation for two years. The Board and Hartzog entered into a consent agreement whereby Hartzog admitted that he failed to maintain adequate and accurate written treatment records for a patient in his care. During the probationary period, Hartzog's practice will be audited and monitored by a Board-approved clinical and administrative monitor. Hartzog must also complete 24 hours of continuing education and pay a $400 administrative fine.

Maplegate Rehabilitation, Inc., Springfield:
The Board placed Maplegate Rehab's license to practice as a chiropractic facility on probation for two years. The Board and Maplegate Rehab entered into a consent agreement whereby Maplegate Rehab admitted that the Board is warranted to take disciplinary action against its license for the failure of Dr. Raphael Hartzog, a treating chiropractor at the facility, to maintain accurate and adequate treatment records for a patient in his care. During the probationary period, Maplegate Rehab's practice will be audited and monitored by a Board-approved clinical and administrative monitor.

Joseph Giampa, Framingham:
The Board has permanently revoked the chiropractic license of Giampa, license number 1150. In a final decision and order memorializing its action, the Board found that Giampa was subject to discipline for violating Chapter 112 of the Massachusetts General Laws, Sections 61 and 93 (for noncompliance with the law and unprofessional conduct, respectively); Title 233 of the Code of Massachusetts Regulations, Sections 4.05, 4.07, 4.09, 4.11, and 4.12 (for inadequate record-keeping, negligence, improper billing, filing false health care claims, and improper solicitations, respectively); and Massachusetts common law (for unprofessional conduct and conduct that undermines public confidence in the integrity of the profession).

Among other things, the Board found that Giampa's agents or employees during the course of almost a decade, failed to establish and maintain adequate patient records for close to seven years; billed and filed insurance claims for patient treatments that were not rendered, were not rendered as represented, or were not documented on diverse dates spanning almost four years; and consistently mischaracterized patient services on bills and insurance claims for a period of five years.

The Board also found that Giampa's agents or employees participated in expressly prohibited activities, including participating in programs involving patient gift certificates and referral bonuses.

Frederick Giampa, Sharon:
The Board has permanently revoked the chiropractic license of Giampa, license number 1426. In a final decision and order memorializing its action, the Board found that Giampa was subject to discipline for violating Chapter 112 of the Massachusetts General Laws, Sections 61 and 93 (for noncompliance with the law and unprofessional conduct, respectively); Title 233 of the Code of Massachusetts Regulations, Sections 4.05, 4.07, 4.09, 4.11, and 4.12 (for inadequate record-keeping, negligence, improper billing, filing false health care claims, and improper solicitations, respectively); and Massachusetts common law (for unprofessional conduct and conduct that undermines public confidence in the integrity of the profession).

Among other things, the Board found that Giampa's agents or employees, during the course of almost a decade, failed to establish and maintain adequate patient records for close to seven years; billed and filed insurance claims for patient treatments that were not rendered, were not rendered as represented, and/or were not documented on diverse dates spanning almost four years; and consistently mischaracterized patient services on bills and insurance claims for a period of five years.

The Board also found that Giampa's agents or employees participated in expressly prohibited activities, including participating in programs involving patient gift certificates and referral bonuses.

Timothy R. Henning, Malden:
By consent agreement, Henning agreed to the following sanctions: A $500 fine; a two-year probation of his chiropractic license; 24 hours of additional continuing education credits; and submission of a chiropractic coverage doctor practice plan to the Board. Henning agreed to these sanctions in order to resolve allegations that he violated Board regulations relating to recordkeeping (233 CMR 4.05), negligence (233 CMR 4.07), overutilization of practice (233 CMR 4.08), improper charges (233 CMR 4.09), misrepresentation (233 CMR 4.10), and false health care claims (233 CMR 4.11).

Consumers are urged to visit the Division of Professional Licensure's website at http://license.reg.state.ma.us/loca/locaprof.asp to determine whether a professional they are considering doing business with is licensed and in good standing.

The Division of Professional Licensure is a regulatory agency within the Patrick-Murray Administration's Office of Consumer Affairs and Business Regulation. The agency is responsible for ensuring regulatory compliance and the integrity of the licensing process for approximately 330,000 licensees across 43 trades and professions under the jurisdiction of 32 boards of registration .