Disciplinary Actions against
Peggy Grabinski-Solano, D.C
Stephen Barrett, M.D.
In January 1997, the Indiana Board of Chiropractic Examiners charged Peggy Solano, D.C., with misleading practices related to her clinical management and/or billing for nine patients. During a subsequent settlement conference, most of the charges were dropped. The finalk order (shown below) concluded:
- Solano had engaged in advertising or soliciting, which as applied, "may reasonably be construed as deceiving the public" and through her employees had "engaged in material deception" in the course of her professional activities.
- After giving a woman a free "Passport to Health" that entitled her to a free evaluation, Solano had billed the woman's insurance company for some of the services.
- In another case, Solano had miscoded a service in an insurance claim.
- In another case, chiropractors who worked for Solano had submitted insurance claims for services that were greater than those actually performed.
In August 1997, The board placed Solano on indefinite probation with monitoring and other terms intended to prevent future recurrences. The probation was terminated in November 1998.
In 2017, the Indiana Attorney General and the Chiropractic Board charged Solano with false advertising and using unscientific practices in marketing and administering the NutriMost Ultimate Fat Loss System. The case was settled with agreements under which she was assessed $5,000, placed on indefinite probation, and required to (a) take 24 hours of continuing education, (b) perform 50 hours of community service, (c) pay refunds totaling $4,290 to two patients who had complained to the board, and (d) make full or partial refunds to 142 patients seen between July 1, 2016 and June 11, 2018 who request them.
BEFORE THE INDIANA BOARD
OF CHIROPRACTIC EXAMINERS
CAUSE NO. 97 IBCE 02
STATE OF INDIANA,
PEGGY GRABINSKI SOLANO, D.C.
AUG 01 1997
FINDINGS OF FACT AND ORDER
The Indiana Board of Chiropractic Examiners ("Board") met on June 24, 1997 in room 041 of the Indiana Government Center South, 402 West Washington Street, Indianapolis, Indiana, to consider a proposed settlement concerning disciplinary charges against Peggy Grabinski Solano, D.C. ("Respondent").
The proposed settlement resulted from a settlement conference held on May 20, 1997. The State of Indiana was represented during the settlement conference by Carrie Gibson Doerhmann and Beth Ann Compton, Deputy Attorneys General. Respondent was present in person and by counsel, Sherry Fabina-Abney, Attorney at Law, from Indianapolis, Indiana. Dr. G. Matt Howard, III, D.C. presided over the settlement conference on behalf of the Board.
The Board, after considering the proposed settlement and taking official notice of its file in this case by a vote of 4 to 0, with Dr. Howard abstaining, issues the following Findings of Fact and Order:
FINDINGS OF FACT
1. The Board is charged with the duty and responsibility of regulating the practice of chiropractic in the State of Indiana pursuant to Indiana Code 25-10-1-1.5.
2. Respondent practices at 4082 Pendelton Way, Indianapolis, Indiana, 46226.
3. Respondent is a duly licensed chiropractor in the State of Indiana holding license number 08001248.
4. Respondent received timely and proper notice of the State's Complaint in accordance with Indiana Code 4-21.5-3-8.
5. The Respondent owns and manages Affiliated Chiropractic Center ("ACC") located at 4082 Pendelton Way, Indianapolis, Indiana.
6. On May 3, 1991, Barbara Flint presented to ACC for treatment.
7. Ms. Flint presented the Respondent with an "Adult Passport To Health" that entitled her to a complimentary initial ten (10) point evaluation, including two (2) x-rays, if medically necessary. Ms. Flint received her complimentary examination and two medically necessary x-rays of the AP and lateral lumbar on May 3, 1991.
8. On May 6, 1991, Ms. Flint decided to become a new patient of the Respondent and further evaluation was performed and two more x-rays of Ms. Flint were taken. The May 6 x-rays were of the intermediate thoracic AP and thoracic lateral.
9. The Respondent charged Ms. Flint's insurance company, Aetna Life Insurance Company ("Aetna"), $120.00 for the May 6 services described above.
10. Respondent's patient chart regarding Ms. Flint did not clearly indicate that the May 6, 1991 evaluation and x-rays, were actually conducted at Ms. Flint's second visit. As indicated in Paragraph 7, Respondent conducted a complimentary evaluation and x-rays on Ms. Flint on May 3, 1991. Based upon the interpretation by Aetna personnel, Aetna believed it was being billed for the complimentary 10-point evaluation and x-rays,
11. Respondent treated Jeffrey Hickman from approximately May 7, 1991 through July 22, 1991.
12. On May 21, 1991, Respondent conducted a sensory nerve conduction examination on Mr. Hickman. The checked procedure code on the service sheet was incorrect. Consequently, the examination was billed to Mr. Hickman's insurance company, Aetna Insurance, under a different procedure code reflecting different cost. When Aetna requested documentation of the test, a copy of the sensory nerve conduction examination was sent to Aetna.
13. Respondent, in addition to ACC, also owns and is responsible for Indy Rehab, which is located at 4084 Pendelton Way. Indianapolis, Indiana. Respondent employed Dr. William Curran, M.D. at the Indy Rehab location.
14. Respondent also owns and is responsible for Indy Medical and Diagnostic Service, which was located at 4084 Pendleton Way, Indianapolis, Indiana. Respondent employed Dr. James Allen, M.D. at the Indy Medical and Diagnostic Service location.
15. Respondent treated Theresa Thomason from approximately August 31, 1992 through December 14, 1992.
16. On October 19, 1992, Dr. Allen evaluated Ms. Thomason. On October 21, 1992, Dr. Curran also evaluated Ms. Thomason. Both Dr. Allen and Dr. Curran submitted bills to Ms. Thomason's insurance company, Aetna Insurance, in the amounts of $110.00 each for a comprehensive new patient examination. Dr. Curran should have charged an established patient exam to a lesser degree.
17. On October 21, 1992, Charles Solano, D.C., an employee of the Respondent also submitted a bill to Aetna Insurance for an office visit (OV) which is a thirty dollar ($30.00) charge for manual treatment conducted. The visit should have been billed as an office manipulation.
18. Respondent is fully responsible and accountable for the conduct of her employees, Dr. Charles Solano, Dr. James Allen, Dr. William Curran, and billing staff in accordance with 846 Indiana Administrative Code 1-3-3(10).
ULTIMATE FINDINGS OF FACT
1. Respondent's conduct as described above in Count I constitutes a violation of Indiana Code 25-1-9-4( a)(3), in that Respondent knowingly violated a state statute or rule or federal statute or regulation, regulating the profession in question; specifically, 8461AC 1-3-2(g)(3), by engaging in advertising or soliciting, which as applied, may reasonably be construed as deceiving the public.
2. Respondent's conduct through the conduct of her employees, described in Counts II and III constitutes a violation of Indiana Code 25-1-9-4(g)(1)(B), in that Respondent engaged in material deception in the course of professional services or activities.
3. These violations warrant the imposition of disciplinary sanctions on Respondent.
Based upon the above Findings of Fact, the Board issues the following Order:
1. Respondent is placed on INDEFINITE PROBATION and Respondent shall not petition the Board for withdrawal of this probation for a period of one (1) year.
2. During the time, Respondent shall be governed by the following terms and conditions:
a. The Respondent shall keep the Board informed of her residential address and telephone number and shall immediately notify the Board of any change thereof.
b. The Respondent shall keep the Board continuously informed of the name, address and telephone number of each of her places of business and employment and shall immediately notify the Board of any changes in the location and status of her employment and the reasons thereof.
c. Respondent shall make personal appearances before the Board on a quarterly basis for the duration of the probationary period. Respondent's first quarterly appearance shall be September 16, 1997.
d. Respondent shall bring ten (10) patient files, which will be randomly selected by a Board designee, to each of her personal appearances. The Board designee will review these patient files for the following elements:
- Documentation supporting any diagnostic testing;
- Respondent's objective and subjective findings after examining the patient;
- Respondent's compliance with the Regional Standard for charting.
e. Respondent and her entire office staff at each and every location shall attend a coding seminar by June 28, 1998.
f. Respondent shall provide new patients with a document prior to conducting any evaluation detailing any and all free services given or offered to the patient.
g. Respondent shall pay the cost of this proceeding in the amount of Eighty-one Dollars and Forty Cents ($81.40) to the Health Professions Bureau, 402 West Washington Street, Room 041, Indianapolis, Indiana, 46204 by September 16, 1997.
SO ORDERED this 1st day of August, 1997.
INDIANA BOARD OF CHIROPRACTIC EXAMINERS
Laura B. Langford
Health Professions Bureau
This page was revised on August 7, 2018.