THE 2008 LEGAL COMPLAINT DOC. THERE SHOULD BE MORE SOON!

BEFORE THE SOCIAL WORKER, MARRIAGE
AND FAMILY THERAPIST, AND MENTAL
HEALTH COUNSELOR BOARD OF INDIANA
CAUSE NO. 2008 BHSB
IN THE MATTER OF THE LICENSE OF:
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MARK E. SMITH, C.S.W.
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FILED
APR 0 2 ZOOS
LICENSE NUMBER: 34001845A
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Iridiana Professional
I irRnsing Aggnc^
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COMPLAINT
The complaint is brought against the clinical social worker license by the State of
Indiana, by counsel. Deputy Attorney General, Heather C. Kennedy, on behalf of the Office of
the Attorney General ("Petitioner"), and pursuant to Indiana Code § 25-1-7-7, Ind. Code §25-1-
5-3, Ind. Code § 25-23.6-2-8 and Ind. Code § 25-23.6-2-11, the Administrative Orders and
Procedures Act, Ind. Code § 4-21.5-3 et seq. and Ind. Code § 25-1-9-1 et. seq. and in support
alleges and states:
FACTS
1. Respondent's address on file with the Board is 13638 Elgin Drive, Carmel, IN
46032, and he is a duly licensed Clinical Social Worker in the State of Indiana having been
issued license number 34001845A.
2. At all time pertinent to this Complaint, Respondent practiced as a clinical social
worker at Family Tree Counseling ("Family Tree") in Carmel, Indiana. At the time of the
Exhibit "A"
On or about July 7, 2004, Magellan filed an Adverse Action Report against the
Respondent, in order to be maintained within The Healthcare Integrity and Protection Data Bank.
consiuner complaint. Respondent was the President and sole owner of Family Tree and has held
that position each year since.
3.
While acting as President of Family Tree, Respondent submitted all claims to
Magellan Healfli Services ("Magellan") in his name, while services were actually rendered by
other Family Tree employees.
4. On or about May 4, 2004, Respondent was notified by his insurance carrier,
Magellan, that all contracts and/or agreements with them were terminated due to: quality of care
concerns related to allowing an unlicensed therapist in Respondent's practice to treat a member
referred by Magellan, failure to adequately supervise the unlicensed provider, and submission of
claims to Magellan under Respondent's name for that treatment, when in fact Respondent's
subordinate rendered the services.

COUNTI
Respondent's conduct described above constitutes a violation of Indiana Code § 25-1-9-
4(a)(1)(B) in that the Respondent engaged in material deception in the course of professional
services or activities, as evidenced by Respondent submission of claims to Magellan for services
services were provided, to wit: 839 lAC l-3-4(b) The competent practice of social work and
clinical social work includes, acting within generally accepted ethical principles and guidelines
ethical principles include, birtare not limited to: NASW Ethics Code 3.05: Social workers should
establish and maintain billing practices that accurately reflect the nature and extent of services
provided and that identify who provided the service in the practice setting.
WHEREFORE, Petitioner demands an order against Respondent that:
1. Impose(s) the appropriate disciplinary sanction;
2. Directs Respondent to immediately pay all costs incurred in the
prosecution of this case;
3. Provides any other relief the Board deems and proper.
Respectfully submitted.
STEVE CARTER
Attorney General of Indiana
A
By:
Headier C. Kennedy
Deputy Attorney General
Attorney No.: 26317-49A
I certify that a copy of the "Complaint" has been duly served upon the Respondent listed
below, by United States mail, first-class, postage prepaid, on this
Heather C. Kennedy A

CERTIFICATE OF SERVTCE

day of

, 2008.
Schultz & Pogue, LLP
Attn: Peter Pogue
11611 N. Meridian Street, Sixite 706
Carmel, IN 46032
Mark E. Smith
13638 Elgin Drive
Carmel, IN 46032
Deputy Attomey General
OFFICE OF THE ATTORNEY GENERAL
Indiana Government Center South
302 West Washington Street, Fifth Floor
Indianapolis, IN 46204-2770
Telephone Number (317) 233-2351