FARMINGTON – An Industry man charged with practicing physical therapy without a license pleaded guilty to four charges today in the Franklin County Superior Court, agreeing to spend five months in jail and repay $40,000 in restitution.
Brent Dellarma, 44, pleaded guilty to aggravated forgery, a Class B felony, two counts of theft by deception, one also a Class B felony, the other a Class C felony, and practicing physical therapy without a license, a misdemeanor.
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Brent Dellarma |
Dellarma was employed by Genesis Health Care, the company that owns the Sandy River Center for Health Care, as a physical therapist assistant. According to the state, in October 2005 Dellarma told his supervisor that he intended to seek a physical therapist license, asking for time off work to do so.
In July 2007, Dellarma returned Sandy River, with a copy of a license and began working again at an increased wage. Seven months later, Dellarma and other employees were informed that their physical therapist licenses would expire in 2008 and were told to provide their documentation for review.
Dellarma’s supervisor became suspicious upon reviewing his documents, noting that the expiration date was listed as an odd year and used out-of-date language. It also did not list Dellarma’s degree. In Maine, a person is required to have earned a Master’s Degree to become a licensed physical therapist. Genesis Health Care immediately contacted the licensing board and terminated Dellarma’s employment.
While Dellarma denied the charges at his initial meeting with authorities, he admitted in a follow-up interview that he received a license in error, “through the mail.”
The forgery charge relates to Dellarma’s creation of a false license. Falsifying state documents elevates the crime to aggravated forgery. The Class C theft by deception charge relates to the $9,632 Dellarma earned at his job thanks to the increase in his salary, which was awarded with the understanding that he had become an actual physical therapist.
The more serious Class B theft by deception charge relates to the $119,441 that had to be refunded to the state of Maine and federal agencies. As a physical therapist, Dellarma provided assessments of patient health and other duties required by the MaineCare and Medicare programs. As he was not licensed to perform those duties, his employer was obliged to repay the money previously billed to the state associated with patients overseen by Dellarma.
Dellarma will serve five months in jail, of a partially-suspended three year prison sentence, on the forgery charge. He was also sentenced to five months concurrent on the Class C theft charge, a three-year suspended prison sentence on the Class B theft charge and 30 days in jail on the misdemeanor, to be served concurrently.
After Dellarma gets out of jail in five months, he will face eight years of probation and be required to pay $40,000 in restitution to Genesis Health Care. Assistant Attorney General Lisa Bogue, who works with the AG’s HealthcareCrimes Unit, saying that the victim had lost far more than $40,000.
“They were out more than $100,000,” Bogue said, “but we had to take into consideration [Dellarma’s] ability to pay.” Bogue also went on to thank the company for their assistance to the state in gathering information on Dellarma’s activities while at the Sandy River facility.
Justice Michaela Murphy agreed, noting that “it’s pretty clear that the defendant’s earning capacity will be diminished” when Dellarma gets out of jail thanks to the felony record.
