STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTAEK Final Order No. DOH-17-2197- rbiniqa FILED DATE ORA11_2017 Depa f Health :1114 J.P t & 14d \In -174 114:741:111" 11 DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: 2015-22795 License No.: PT 27801 MICHAEL GARRETT, PT Respondent. FINAL ORDER This matter came before the Board of Physical Therapy Practice (Board) pursuant to Sections 120.569 and 120.57(2), Florida Statutes, at a duly-noticed public meeting on November 9, 2017, in Lake Buena Vista, Florida, for a determination of waiver and a hearing not involving disputed issues of material fact. Board members present were Dr. Kay Tasso, Dr. Patrick Pabian, Dr. Gina Petraglia, Mr. Steve Chenoweth, and Dr. Ellen K. Donald. Dr. Petraglia was recused for having served on the Probable Cause Panel. The Board was represented by Lynette Norr, Assistant Attorney General. Petitioner Department of Health was represented by John Wilson, Assistant General Counsel. Respondent, MICHAEL GARRETT, was not present and was not represented by counsel. On August 17, 2016, Petitioner filed an Administrative Complaint against the Respondent alleging violations of Section 486.125(1)(g), Florida Statutes (2015), by having a license revoked by the licensing authority of another state; Section 486.125(1)(i), Florida Statutes (2015) for making or filing a report or record which the licensee knows to be false; and Section 486.125(1)(k), Florida Statutes (2015), by violating Rule 64B17-6.001(2)(f), Florida Administrative Code (2015),
by exploiting a patient or client for the financial gain of the licensee or a third party. A copy of the Administrative Complaint is attached as Exhibit "A" and is hereby adopted and incorporated into this Final Order. Service of the Administrative Complaint was made upon the Respondent by Certified Mail on May 18, 2017. Respondent has not filed an Election of Rights. Petitioner filed a Motion for Determination of Waiver and for Final Order by Hearing Not Involving Disputed Issues of Material Fact. Petitioner also filed a Motion to Assess Costs. Respondent has not filed a response to either motion. Respondent has not replied to the Administrative Complaint or contested the factual allegations. The prosecuting attorney offered the investigative file into evidence to prove the facts as alleged in the Administrative Complaint and for the purposes of determining the penalty. The investigative file was received into evidence, and the Board finds that the uncontested facts adequately support the allegations. After a complete review of the record in this matter, including consideration of the Administrative Complaint, any written or oral evidence and testimony, and any mitigating or aggravating circumstances, the Board makes the following findings and conclusions. FINDINGS OF FACT The allegations of fact set forth in the Administrative Complaint are approved, adopted, and incorporated herein by reference as the findings of fact by the Board. The Board also finds there is competent, substantial evidence to support its findings and conclusions. Finally, the Board finds that the Respondent failed to timely respond to the Administrative Complaint and waived his right to elect a method of resolution in this matter. Case No.: 2015-22795 2
CONCLUSIONS OF LAW Petitioner's Motion for Determination of Waiver and for Final Order by Hearing Not Involving Disputed Issues of Material Fact is granted. The conclusions of law alleged and set forth in the Administrative Complaint are approved, adopted, and incorporated herein by reference as the conclusions of law by the Board. Based upon the Findings of Fact, the Board concludes that the licensee violated Section 486.125(1)(g), Florida Statutes (2015), by having a license revoked by the licensing authority of another state; Section 486.125(1)(i), Florida Statutes (2015) for making or filing a report or record which the licensee knows to be false; and Section 486.125(1)(k), Florida Statutes (2015), by violating Rule 64B17-6.001(2)(f), Florida Administrative Code (2015), by exploiting a patient or client for the financial gain of the licensee or a third party. The violations set forth warrant disciplinary action by the Board. Therefore, it is ORDERED and ADJUDGED: Respondent's license to practice physical therapy in the state of Florida, PT 27801, is hereby REVOKED. RULING ON MOTION TO ASSESS COSTS The Department withdrew its Motion to Assess Costs. This Order shall become effective upon filing with the Clerk of the Department of Health. DONE AND ORDERED this 6 day of 8ecem h-e r, 2017. BOARD OF PHYSICAL THERAPY PRACTICE Allen Hall, Executive Director, for Kay Tasso, PT, PhD, PCS, Chair Case No.: 2015-22795 3
I NOTICE OF RIGHT TO JUDICIAL REVIEW A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health, and a second copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Florida appellate district where the party resides. The Notice of Appeal must be filed within thirty (30) days of rendition of the Order to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail to Michael Roger Garrett, 4103 Burns Road, Palm Beach Gardens, Florida 33140 and to Michael Roger Garrett, 3617 E. Sandpiper Drive, Apt. 5, Boynton Beach, Florida 33463; and by electronic mail to Lynette Non, Lynette.Norr@myfloridalegal.com Assistant Attorney General; and John Wilson,,Joh~n.Wilson@flhealth.gov Assistant General Counsel, this day of OnUi, 2017. 111111111'11"1"11111111111,,,1111111111, 1.111,.11,111,111...,11 Michael Roger Garrett 4103 Burns Rd. Palm Beach Gardens, FL 33 140 Certified Article Number 9414 7266 9904 2104 0981 86 SENDER'S RECORD Case No.: 2015-22795 Deputy Agency Clerk 1111111.1l1Illui d1,11111 1111111111111PHIP111111111111111Pi Michael Roger Garrett 3617 E. Sandpiper Drive Apt. 5 Boynton Beach, FL 33463 Certified Article Number 9414 7266 9904 2104 0981 79 SENDER'S RECORD 4
2275 STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH, Petitioner, V. CASE NO. 2015-22795 MICHAEL GARRETT, P.T., Respondent. MOTION TO ASSESS COSTS IN ACCORDANCE WITH SECTION 456.072(4) The Department of Health, by and through counsel, moves the Board of Physical Therapy Practice ("Board") for entry of a Final Order assessing costs against Respondent for the investigation and prosecution of this case in accordance with Section 456.072(4), Florida Statutes (2017). As grounds the Petitioner states the following: 1. At its next regularly scheduled meeting, the Board will take up for consideration the above-styled disciplinary action and will enter a Final Order. 2. Section 456.072(4), Florida Statutes (2017), states, in pertinent part, as follows:
2276 In addition to any other discipline imposed through final order, or citation, entered on or after July 1, 2001, under this section or discipline imposed through final order, or citation, entered on or after July 1, 2001, for a violation of any practice act, the board, or the department when there is no board, shall assess costs related to the investigation and prosecution of the case. The costs related to the investigation and prosecution include, but are not limited to, salaries and benefits of personnel, costs related to the time spent by the attorney and other personnel working on the case, and any other expenses incurred by the department for the case. The board, or the department when there is no board, shall determine the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any written objections thereto... 3. As evidenced in the attached affidavit (Exhibit A), the investigation and prosecution of this case has resulted in costs in the total amount of $3,493.08 based on the following itemized statement of costs: a. Total costs for Complaints $49.19 b. Total costs for Investigations $2,473.62 C. Total costs for Legal $970.27 d. Total costs for expenses $0.00 4. The attached affidavit reflects the Department's costs for attorney time in this case as $970.27 (Exhibit A). The cost of obtaining an affidavit from an outside attorney will exceed this amount. Therefore, the Department is not seeking costs for attorney time in this case. 2
2277 5. Should Respondent file written objections to the assessment of costs for the complaints, investigations and expenses within ten (10) days of the date of this motion, specifying the grounds for the objections and the specific elements of the costs to which objections are made, Petitioner requests that the Board determine the amount of costs to be assessed based upon its consideration of the affidavit attached as Exhibit A and any timely-filed written objections. 6. Petitioner requests that the Board grant this motion and assess costs in the amount of $2522.81 as supported by competent, substantial evidence. This assessment of costs is in addition to any other discipline imposed by the Board and is in accordance with Section 456.072(4), Florida Statutes (2017). WHEREFORE, the Department of Health requests that the Board enter a Final Order assessing costs against Respondent in the amount of $2522.81. 3
2278 DATED this 6)**- day of, artivt Ley-- 2017. Respectfull sub ed, Oa Assistant neral Counsel Florida Ba #0099413 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 850-588-9844, ext. 9844 850-245-4684 fax CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Assess Costs has been provided to Michael Garrett, RT., at 4103 Burns Road, Palm Beach Gardens, Florida 33140 and 3617 E. Sandpiper Drive, Apt. 5, Boynton Beach, Florida 33463 by U.S. Mail this /91& day of 2017. OG/cg Oaj Gilani Assistant General Counsel
2255 STATE OF FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE DEPARTMENT OF HEALTH Petitioner, V. CASE NO. 2015-22795 MICHAEL GARRET PT, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Physical Therapy Practice (hereinafter Board) against Michael Garrett, PT, and alleges: 1. Petitioner is the state agency charged with regulating the practice of physical therapy pursuant to section 20.43 Florida Statutes; Chapter 456, Florida Statutes; and Chapter 486, Florida Statutes. 2.. At all times material to this Complaint, Respondent was a physical therapist in the state of Florida, having been issued license number 27801 on or about September 27, 2012.
2256 3. Respondent's mailing address of record is 4103 Burns Road, Palm Beach Gardens, Florida 33410. 4. At all times material to this Complaint, Respondent was also licensed as a physical therapist in the state of Massachusetts. 5. On or about October 6, 2014, the Massachusetts Board of Registration of Allied Health Professionals (Massachusetts Board) entered a Final Dedsion and Order by Default (Final Order), wherein disciplinary action was taken against Respondent's license to practice physical therapy in the state of Massachusetts. 6. The Massachusetts Board disciplined Respondent for billing for services not rendered, operating at an unlicensed facility, and engaging in otherwise unprofessional conduct. 7. The Massachusetts Board revoked Respondent's license to practice physical therapy in the state of Massachusetts. 8. At all times material to this Complaint, Respondent was employed as a physical therapist at Sports and Orthopedic Specialists Physical Therapy (SOSPT) in Florida. 9. On or about June 25, 2015, Respondent was terminated from employment at SOSPT for failure to properly maintain patient treatment OOH v. Michael Garrett, PT Case No. 2015-22795 Page 2 of 11.
2257 notes after being given warnings and an opportunity to correct the documentation. 10. In approximately July 2015, Respondent began employment as a physical therapist for Palm Beach Ice Works (PBIW) in Florida. facts P Pft.TVW_ T9PP. J4P PATIET ftd, 11, Respondent began treating Patient H.D. while he was still employed at SOSPT in approximately June 2015. 12. After Respondent began working for PBIW, Patient H.D. followed Respondent to PBIW to continue treatment. 13. From at least June 13, 2015 through on or about July 16, 2015, Respondent submitted insurance claims with Blue Cross Blue Shield (BCBS) for Patient H.D. indicating that physical therapy treatment was provided. 14. These insurance claims all listed A.W. as the provider and used A.W.'s national provider identification number (NPI). 15. A.W. is a physical therapist in Massachusetts that used to work with Respondent when Respondent was licensed and employed in Massachusetts. 16. A.W. is not currently practicing physical therapy and did not provide treatment to Patient H.D. as indicated in the insurance claims. DOH v. Michael Garrett, PT Page 3 or 11 Case No, 2015-22795
2258 17. Respondent submitted insurance claims to BCBS for services not rendered to Patient H.D. as indicated. Specifically, Respondent submitted insurance claims for the following dates when Patient H.D. was elt ler not present in the state of Florida and/or did not receive physical therapy from Respondent: 6/19/15; 6/22/15, 6/23/15, 6/24/15, and/or 6/25/15. 18. Respondent billed BCBS for physical therapy allegedly provided to D.D. on 7/8/15, 7/9/15, and/or 8/7/15. 19. D.D. is Patient H.D.'s mother and never received physical therapy from Respondent. 20. In July 2015, while Respondent was still treating Patient H.D., Respondent asked D.D. for a loan of $150.00 to help Respondent while he was getting his practice established at PBIW. 21. D.D. states she felt bad for Respondent and loaned him $150,00. 22. D.D. states that Respondent asked for more money subsequently, but D.D. refused. 23. D.D. states that after this, Respondent became more aggressive and would send D.D. angry text messages if Patient H.D. had to DOH v. Michael Garrett, PT Case No. 2015-22795 Page 4 of 11
2259 miss a treatment session. 2.4. In August 2015, Respondent told D.D. and B.D., Patient H.D.'s parents, that they needed to pay Respondent 51,700.00 because their insurance was not paying Respondent. 25 DID, and B.D. attempted to resolve the problem by calling BCBS at Respondent's office, but the BCBS representative stated Respondent had not filed any claims for Patient H.D. 26. Subsequent to this phone call, D.D. reviewed the insurance claims for Patient H.D. and discovered all of the claims that had been filed under A.W.'s NPI. 27. D.D. notified BCBS's fraud department and terminated Patient H.D.'s treatment with Respondent. 28. D.D. states she continued to receive intimidating text messages from Respondent until she was able to block him from doing so. FACTS PERTAINING TO PATiENT 9. Respondent treated Patient V.B. from approximately July 28, 2015 through approximately September 14, 2015 while working at P8IW. 30, Respondent requested Patient V.B.'s bank/credit card information, which Patient V.B. provided via email on or about August 11, DOH v, Michael Garrett, Fr Page 5 of 11 Case No, 2015-22795
2260 2015. 31, On or about August 12, 2015, Respondent charged Patient V,B.'s bank card $442.60 without receiving prior authorization from Patient V. B. 32. On or about August 14, 2015, Respondent again charged Patient V.B.'s bank card without prior authorization three times in the amounts of $560.00, $88.52, and $8858. 33. AU of these charges were made out to PHYSIOWORKS OF MIAMI Jupiter or PHYSIOWORKS OF MIAMI West Palm Beach. 34. PHYSIOWORKS was the name of the facility Respondent owned and operated in Massachusetts prior to revocation of his Massachusetts I icense. PTA) PATIENT K.A. 35. L.A. owns PtqW where Respondent was employed at all times material to this Complaint. 36, L.A,'s daughter, Patient K,A., received physic& therapy from Respondent. 37. Respondent began charging Patient K.A.'s credit card for treatment sessions that did not occur. DOH v. Michael Garrett, PT Page 6 of 11 Case No. 2015-22795
2261 38. When L.A. confronted Respondent about these charges, Respondent stated it was a mistake and that he would fix it. 39, Respondent never returned the money improperly charged to Patient K,A.'s credit card and LA, had to file a discrepancy report with the credit card company to dispute the charges totaling $1,400.00. 40. Respondent was terminated from employment at PBJW after this incident, COUNT I 41. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 42. Section 486.125(1)(g), Florida Statutes (2015),provides that having a license revoked or suspended; having had other disciplinary action taken against her or him; or having had her or his application for a license refused, revoked, or suspended by the licensing authority of another state, territory, or country constitutes grounds for disciplinary action. 43. Respondent had disciplinary action taken against his license to practice physical therapy in the State of Massachusetts by the Massachusetts Board. DOH v. Michae1Garrett, PT Page 7 of 11 Case No, 2015-22795
2262 44. Based on the foregoing, Respondent violated Section 486.125(1)(g), Florida Statutes (2015). COUNT H 45. Petitioner realleges and incorporates paragraphs one (1) through three (3) and eight (8) through nineteen (19) as if fully set forth herein. 46. Section 486.125(1)(i), Florida Statutes (2015), subjects a physical therapist to discipline for making or filing a report or record which the licensee knows to be false. Such reports or records shall include only those which are signed in the capacity of a physical therapist. 47. From approximately June 2015 through approximately August 2015, Respondent submitted several claims to BCBS under another therapist's NPI and/or for services that were not rendered as indicated to Patient H,D. 48, Respondent submitted claims to BCBS for services that were not provided to D.D. as indicated. 49. Based on the foregoing, Respondent has violated Section 486.125( i) Florida Statutes (2015), DOH v. Michael Garrett, PT Page 8 of 11 Case No, 2015-22795
2263 CQUI4T I 50. Petitioner realleges and incorporates paragraphs one (1) through three (3) and eleven (11) through forty (40) as if fully set forth herein. 51. Section 486,125(1)(k), Florida Statutes (2015), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action, 52. Rule 64817-6.001(2)W, Florida Administrative Code (2015) provides that physical therapists and physical therapist assistants shall not exploit the patient or client for the financial gain of the licensee or a third parti 53. Respondent violated the trust between a patient and therapist when he obtained private bank and credit card information from patients and used that information for his own financial gain. 54. Respondent charged Patient V.B.'s bank card without prior authorization on four separate occasions, totaling $1,179.70. 55. Respondent charged Patient K.A.'s credit card without prior authorization, totaling $1,400.00. 56. Respondent obtained a $150.00 personal loan from D.D., DOH v. Michael Garrett, PT Page 9 of 11 Case No, 2015-22795
2264 Patent H.D.'s mother, and became aggressive when D.D. refused to give Respondent more money. 57. Based on the foregoing, Respondent has violated Section 486.125(1)(k), Florida Statutes (2015), through a violation of Rule 64B17-6.001(2)(f), Florida Administrative Code (2015). WHEREFORE, the Petitioner respectfully requests that the Board of Physical Therapy Practice enter an order imposing one or more of the following penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SiGNEDthisJj day Celeste Philip, 4, MPH Sur eon ener,i1 and Secretary, 2016. Oaj Gilani Assistant çerat Counsel Florida Bar #0099413 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (850) 245-4640 (phone) (850) 245-4684 (fax) DOH v. Michael Garrett, PT Page 10 of 11 Case No, 2015-22795
2265 PIED Depatztet: ----- - Deputy (.7-1( PCP: ill.0/16 CLERK PCP Members'. Chenovveth, Pa!K, Watson DKII' AUG 2016 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conduc'y-t1 in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present e% -,ence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is recuested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent ma 'yes the right to request a hearing on the fac's oileged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5)1 Florid. J HJstrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has inc'irred 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, Nlichaei Garrett, PI P5ge 11 of- 11 Czise No', 201S-2279S