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The Gray Zone

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Comment travailler a resoudre les questions difficiles et maintenir des rapports ... vous plait, comment vos statuts/reglements pourraient affecter votre decision ... – PowerPoint PPT presentation

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Title: The Gray Zone


1
The Gray Zone
  • aka
  • I DUNNO, WHADDA YA THINK
  • Marc M. Gamerman, D.C.
  • Maryland Board of Chiropractic Examiners

2
La Zone Grise
  • But Pour vous enlever hors de votre zone de
    confort
  • Comment travailler a resoudre les questions
    difficiles et maintenir des rapports
  • Activite interactif Exprimez, sil vous plait,
    comment vos statuts/reglements pourraient
    affecter votre decision

3
The Gray Zone
  • Purpose Take you out of your comfort zone
  • How to work through gut busters and retain
    relationships
  • Interactive please share how your
    statutes/regulations may affect your decision

4
The Gray Zone
  • No abstaining !!!
  • The Buck s Here !!!

5
The Facts
6
What happens when the facts of a case keep
pulling your board in different directions?
7
Burden of Proof
  • Beyond a reasonable doubt
  • vs.
  • Preponderance of evidence
  • vs.
  • Clear and convincing

8
  • When you are a bear of very little brain, and
    you think of things, you find sometimes that a
    thing which seemed very thingish inside you is
    quite different when it gets into the open and
    has other people looking at it.
  • Poohs Little Instruction Book

9
Case 1 The Complaint
  • The Very Concerned Insurance Company claims
    adjuster received suspicious claims. Some were
    signed by tax identification number person and
    some by a licensed chiropractor.

10
What would you do?
  • Obtain records from the chiropractor group.
  • Obtain records from the insurance company.
  • Dismiss the case, the insurance company deserves
    it.

11
Quirk
  • Does your jurisdiction have a long arm statute to
    investigate out of state insurance companies?
  • Do you enforce it?

12
What did we find out?
  • Dr. Arro Gant graduated from an accredited
    chiropractic college.
  • He passed National Boards part I, II and III.
  • He is not licensed in any jurisdiction.

13
But wait, theres more
  • Dr. Gant went to work as an associate for several
    months.
  • He realized that he could make more money on his
    own, so he opened his own office.
  • Several months later, he hired Dr. Inno Cent-Lamb
  • Dr. Lamb does hold a Maryland license.

14
And a little more
  • After 6 months, Dr. Lamb discovers that Dr. Gant
    is not licensed.
  • In Dr. Gants first year, he collected 98,000
    seeing 18-20 patients per day.

15
What would you do?
  • Prosecute Dr. Arro Gant
  • Prosecute Dr. Inno Cent-Lamb
  • Prosecute both schlemiels
  • Dismiss the case, Gant is your brother-in-law

16
Discussion
  • Can you prosecute unlicensed chiropractors?
  • Can you recommend criminal prosecution?
  • Misdemeanor vs. felony?

17
What actually happened
  • Referred for criminal prosecution

18
Results
  • Found guilty of 4 counts of practicing
    chiropractic without a license and 2 counts of
    misrepresentation that he was authorized to
    practice chiropractic.
  • 6 months in jail
  • 2,000 fine
  • 100 hours of community service
  • Senate Bill

19
Case 2 The Complaint
  • Patient called to get an appointment with his
    chiropractor, Dr. Edwin Smith, but
  • Patient prepaid for 1 year of care
  • Similar complaint against Dr.Oliver Bud
    Weathersby by 2 other patients

20
Another Complaint
  • Dr.Oliver Bud Weathersby registers a complaint
    against Dr. Edwin Smith
  • Given 1 days notice to remove belongings from
    office
  • Hasnt paid rent for 6 months
  • Cannot get access to patient files

21
What would you do?
  • Dismiss case, disgruntled patients
  • Investigate Dr. Edwin Smith
  • Investigate Dr. Oliver Bud Weathersby Dr.
    Edwin Smith

22
What did we find out?
  • Dr. Edwin Smith was in arrears for 32,337 rent
  • Dr. Edwin Smith was notified 2 weeks prior to
    eviction
  • Dr.Oliver Bud Weathersby rents space from Dr.
    Edwin Smith

23
Quirk
  • Patients had received a phone call saying the
    office was closing.
  • Extended care contracts were routinely used by
    both doctors.

24
What would you do?
  • Prosecute Dr. Edwin Smith
  • Prosecute Dr.Oliver Bud Weathersby
  • Prosecute both Dr.s

25
Discussion
  • Abandonment
  • Extended Care Contracts

26
Cases for next year?
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