By MARK WAITE

PVT

Dr. Derek Foreman, owner of Spring Mountain Chiropractic and Rehabilitation, will be monitored for three years, after a settlement agreement with the Chiropractic Physicians Board of Nevada was approved recently.

“He’s not on probation, he’s monitored, and that’s really a big difference,” Foreman’s attorney, John Hunt said. “There’s no fine here or anything of that nature. It is his first action. In order to resolve the matter Dr. Foreman agreed to the remedial actions.”

The order signed on May 15 listed these details:

A patient responded to a flier advertising a special package, with a free visit for a patient with insurance coverage, or $30 for patients paying cash. The patient, who wasn’t identified in the complaint, paid $30 for two visits in March 2009 but declined an offer to schedule future services for a set fee.

The complaint said the patient was never given a written disclosure form listing the scope of services that were to be provided under the promotion in the flier, a violation of state law.

After that, the patient received a bill for $60. There was no indication the patient already paid Spring Mountain Chiropractic $30. The account was later turned over to a collection service and on July 10, 2009, under protest, the patient wrote out a check for $65.

The patient learned from his insurance company Foreman billed the company four times for $1,200 for the services allegedly provided in March 2009. The insurance company denied payment.

The board said the billing of the insurance carrier for services that differed greatly in scope and cost from what was billed to the patient directly violated state law.

The chiropractic clinic also violated state law by sending the account to a collection service before notifying the patient sums were due, according to the state board.

Under the stipulated agreement, Foreman’s practice will be monitored for three years to assure compliance with the law. He will be required to allow a chiropractic board member to inspect his patient records. Foreman will submit quarterly reports to an investigation board member during the three-year period.

Foreman will be required to pass the board’s jurisprudence exam within 90 days and obtain 12 hours of continuing education related to billing and coding. He will be required to pass the billing and coding segment of the Ethics and Boundaries Examination administered by the National Board of Chiropractic Examiners.

The state board submitted a bill of $881.25 for attorney’s fees and investigative costs. Foreman will also be required to meet with the chiropractic board or its representatives upon request.

In the event Foreman fails to comply with the terms his chiropractic license will be automatically suspended.

Foreman’s attorney, John Hunt, with the firm of Fox Rothschild, emphasized it was a remedial action, not a punitive one. He said Foreman never had a previous violation.

“There was a question how the guy had presented an advertisement. So to clear that up, so there’s no problems in the future, that’s why the board had that stipulation,” Hunt said.

The chiropractic clinic billing department corrected the mistake involving the insurance company long before the state board became involved, he said.

“They wanted this to be remedial verses punitive because he has been so exemplary, and all the issues that were contained in the complaint were resolved and the patient was taken care of,” Hunt said.