College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia

Tae Young Kang (02836)

Date of Action: November 3, 2011

Description of action taken

The Inquiry Committee initiated an investigation in response to notification received by the Audit and Investigations Branch of Medical Services Plan ("MSP") that the Registrant had contravened s. 29(1) of the Medical and Health Services Regulation by billing 44 services during the period October 2008 to December 2010 on behalf of herself and other family members for which she was paid $1,012.00. Following the investigation, the Inquiry Committee determined under s.33(6)(c) of the Act to seek a Consent Order under s.36 of the Act with terms that would ensure that the Registrant does not repeat the behavior.

Reason for decision

The Inquiry Committee determined that there was evidence that:

  1. the Registrant engaged in improper billing of MSP for herself and three family members totaling 44 treatments in the amount of $1,012.00;
  2. the Registrant allowed other CTCMA Registrants to use her MSP billing provider number;
  3. the Registrant renewed her personal liability insurance on August 17, 2010 and knew or ought to have known, when she failed to renew her school clinic insurance, that other CTCMA Registrants were practicing in her clinic without mandatory liability insurance;
  4. the Registrant failed to establish and maintain, as required by the CTCMA, a 'Registrant File' containing continuing education documents, documents showing the number of patient visits per month or year of practice, liability insurance, and copies of the CTCMA registration renewal and other CTCMA correspondence;
  5. the Registrant failed to maintain clinical records for treatments provided to herself and her family members;
  6. the Registrant failed to maintain complete clinical records for patients such as a diagnosis, medical history and proper treatment notes; and
  7. the Registrant failed to ensure that other CTCMA Registrants providing treatment to patients in her clinic signed the clinical record.

Action taken

The Inquiry Committee passed a motion to seek a consent order under s. 36 of the Act. The Registrant agreed to give her undertaking and consent to:

  1. refrain from repeating the conduct as outlined above;
  2. consent to a reprimand for improper billing of MSP for 44 treatments;
  3. pay a fine in the amount of $2,000.00 for her professional misconduct as it relates to improper billing of MSP;
  4. a 14 day suspension of her clinical practice for her professional misconduct as it relates to improper billing of MSP which must be completed within 12 months of the date of this order.
  5. pay the sum of $532.52 towards the CTCMA's costs of investigation as calculated in accordance with the tariff of costs established under s.19(1)(v.1) of the Act.