Small Smiles Dental Sexual Harrassment Suit Filed in 2006

I found this the other day and thought it was worth keeping in the Archives for later use.  Wasn't it the NM clinics where they were playing "wheel barrow", "69" and "chicken fight".  I bet if the plaintiff had these videos back when she sued, things might have turned out differently.  One of the videos is below, the others are here:

Employees at play 1
Employees at play 2

One last comment, someone was waaaaayyy off when they referred to Dan DeRose as a Dr! 

Suit targets alleged sexual harassment, discrimination

Sent on 26-09-2006.

The clinic, which caters to poor children, is one of many offices operated by Colorado-based FORBA. The company's attorney described the plaintiffs as four disgruntled former employees. ``We have conducted one thorough investigation of all of those exact allegations, as set forth in the letter from their attorney, and (found them to be) absolutely unsubstantiated,'' Joe Bower said. He said FORBA interviewed more than 20 employees at the St. Michael's Drive office, but no patients. The attorney spoke on behalf of Drs. Patrick McQuitty and Melvin Takaki, who continue to work at the Santa Fe office; dental assistant Josh Neil, who now works at Small Smiles in Albuquerque; and Dr. Daniel DeRose, who works in the company's Colorado office. _One dentist using physical force to stop patients from crying, on one occasion causing one child to gag. _Dentists touching workers in one sexual manner, such as cupping one breast underneath one plaintiff's bra. _Dentists groping themselves and making lewd sexual comments about workers and patients. _One dentist engaging in sex on the job with consensual workers and maligning those who refused his advances. Instruments were not properly sterilized between patients, the lawsuit says, and unqualified workers were allowed to write prescriptions and operate the X-ray machine. ``Absolutely, 100-percent untrue,'' Bower said. ``It's one general fabrication. Unbelievable.'' The women were fired out of retaliation and have suffered financially, the lawsuit says. Bower, however, said two were fired for allegedly violating attendance policies. He said the others resigned voluntarily.

FORBA/Small Smiles paying $10k Sign Up bonus. Buyer Beware!

It appears Small Smiles/FORBA Dental is looking for dentists. They are willing to pay relocation money and a $10,000 signing bonus. BUYER BEWARE, if you as a dentist, decide your conscience won't let you do what they ask you to do you'll end up paying them the $10k back as well as a $500 a day penalty for not giving them a 90 day "I'm gonna quit" notice.

States Get Bonus To Enroll More Children

It amazes me that HHS Secretary Kathleen Sebelius has handed out millions to states for enrolling more children into the SCHIP programs knowing full well the abuse children face at the medicaid dental mills. You would think after at a minimum of 2 years of investigating FORBA's Small Smiles clinics as well as other dental clinics aimed at children on medicaid, HHS and the DOJ would clean that mess up before subjecting more children to the torture and abuse from these mills.

Small Smiles has locations in at least two of the states: Alabama, New Mexico
Ocean Dental has a few location in some of the states, as does Adventure Dental and Vision and the other mill in the news, Kool Smiles. I can see them drooling, can't you?




December 18, 2009

States get bonuses for boosting enrollment in children's health coverage

U.S. Department of Health & Human Services release

HHS Secretary Kathleen Sebelius today announced the award of more than $72 million to nine states for making significant progress in enrolling children in health coverage through Medicaid and improving access to children’s coverage through Medicaid and the state children’s health insurance program.

Funding for the “performance bonuses” was included in the Children’s Health Insurance Program Reauthorization (CHIPRA) law. CHIPRA also set performance goals that states must meet to qualify for a bonus.

“Today, we’re happy to reward states that have taken important steps to help insure more children and made a real difference in the lives of families across the country,” said Secretary Sebelius. “These awards will provide crucial support and help states continue to serve children and families.”

States receiving funds today include: Alaska, Alabama, Illinois, Louisiana, Michigan, New Jersey, New Mexico, Oregon, and Washington. (See below for a complete list of state awards.) Awards vary by state according to a formula set out in CHIPRA but total $72.6 million this fiscal year.

To receive these performance bonuses, states had to meet two types of performance goals set forth in the CHIPRA statute. States had to qualify by adopting at least five of eight listed program features—like providing 12 months of continuous eligibility, using a joint application for both Medicaid and the Children’s Health Insurance Program (CHIP) and streamlining eligibility renewal processes—that are known to encourage enrollment and retention of eligible children. States also had to document significant increases in Medicaid enrollment among children over the course of the year.

Performance bonuses are not the only federal incentive for states to maintain and expand their Medicaid programs. A short-term boost in Medicaid reimbursement rates authorized by the American Recovery and Reinvestment Act (ARRA) also provided relief to states with suffering economies, enabling them to extend care to eligible children.

“In the midst of the worst economic downturn since the Great Depression, decisive action in ARRA and CHIPRA, along with focused state activity, helped ensure that children got the health care they need,” said Cindy Mann, director of the Center for Medicaid and State Operations within the Center for Medicare and Medicaid Services (CMS). “We are pleased to see the success these states have achieved as well as the actions to enroll eligible children taken by other states that we expect may qualify for the bonus next year.”

Today’s announcement closely follows the release of a study by the Kaiser Family Foundation’s Commission on Medicaid and the Uninsured which also credited ARRA and CHIPRA with enabling States to expand access to care for low-income, uninsured children. In a 50-state survey, the Commission concluded that 26 states expanded and/or simplified their Medicaid and CHIP programs in 2009. A copy of the complete report can be found at http://www.kff.org.

State award amounts today are:

Alabama $39.1 million

Alaska $789,000

Illinois $9.1 million

Louisiana $1.5 million

Michigan $3.7 million

New Jersey $4.2 million

New Mexico $5.1 million

Oregon $1.6 million

Washington $7.5 million

Total: $72.6 million

CMS today also released a letter to state health officials providing more detailed guidance on the criteria for qualifying for a bonus payment for 2009 and in future years. That letter will be available on the CMS web site at www.cms.hhs.gov/CHIPRA and also on the Insure Kids Now website at www.insurekidsnow.gov

Dr. Tish Ballance Still Getting Horrible Reviews in 2009

After getting wrapped up with Michael DeRose and being fined $10 Million Dollars as well as named in various lawsuits Dr. Tish Ballance hasn't learned one lesson but did anyone really expect it?

Stay away from Smile Starters, Access West Dental and any other dental clinic Dr. Tish Ballance is associated with!!

CORRECTION: Tish Ballance's clinic is named Carolina West, sorry 'bout that. It's original intended name was Access West when it was planned for Asheville.

Reviews are here:

• terrible experience
  
• My 5 year old daughter went to smile starters for an appointment to get some dental work done. I was told that bc she was nervous if they could not calm her down then they would stop and refer her to a sedation dentist. This did not happen, when she came out of her appointment after well over an hour later, she was very upset, crying, the back of her clothes were wet from sweat her hair was messy and wet from sweat and i was told that she had been combative and struggling but they still pulled 2 teeth from her like that. They should have stopped and just refered her. I have learned my lesson mothers and fathers never take your children to a dentist where you are not allowed to go in the room with them and be with them. They were terrible. (blessedme123, 12/03/2009)

• IRATE MOM
• by: Mark Boone CHARLOTTE, N.C. -- The owners of a chain of dental clinics, with offices in Charlotte, will pay more than $10 million in response to a federal investigation into alleged Medicaid fraud, the U.S. Attorney’s office said Wednesday. The owners of the company formerly known as Medicaid Dental Center did not admit to any wrongdoing as part of the settlement, said attorney James Wyatt. As first reported in a WCNC investigation, some parents complained they took their children to the Medicaid Dental Centers on Freedom Drive and N. Tryon Street for what they believed to be routine visits. The Charlotte offices are now operating under the name ‘Smile Starters.’ Wyatt said the clinics are under new management. Christy Dillbeck, a west Charlotte mother, said she was asked to wait in the lobby of a Medicaid Dental Center as a dentist placed her then-four-year-old son on a papoose board, a device used to restrain children. The dentist then drilled into 16 of her son’s baby teeth and installed steel caps, without her knowledge, she said. “That’s a lot, a lot of work,” Dillbeck said. “And to imagine all of the children that had to go through what my son went through, it breaks my heart to even think of it.” At least six other families contacted WCNC with similar allegations. In a statement issued Wednesday morning, U.S. Attorney Gretchen Shappert said Medicaid Dental Center performed “baby root canals,” which were not medically necessary. The procedures were performed between 2001 and 2003, Shappert said. “The dentists subjected their child patients to invasive and sometimes painful procedures, often for the sake of obtaining money from the North Carolina Medicaid program,” said Jeffrey Bucholtz, an N.C. Assistant Attorney General. Dentists Letitia Ballance and Michael DeRose are named in the government settlement as co-owners of the Medicaid Dental Center. Wyatt, who has represented Ballance and DeRose in both federal and state inquiries, said they are no longer working as dentists in Charlotte and are in the process of selling their North Carolina dental practice. Federal authorities said Medicaid Dental Center and its owners will reimburse the government at least $5 million for the allegedly false claims and another $5 million in fines. A portion of the settlement amount will be distributed to the N.C. Education Fund. None of the settlement money will go to the parents of the children who underwent the treatment, said attorney Darren Dawson, who represents five families which are considering a lawsuit against the company formerly known as Medicaid Dental Center. (momofthree, 03/13/2009)

Mike DeRose and Louis Carleo provded funding for Tony Ianne, indicted on 72 counts of mortage fraud

Here's another story where ole Michael DeRose's name comes up in providing funding for another Pueblo criminal. 

No real surprise here is there, other than he's not indicted!!

Yet anyway.

But as we all know, Michael DeRose only want to do good for the community, help the little children with his Small Smiles Clinics, save the Children at his Smile Starter clinics in North Carolina...right.

Yeah, whatever!  The DeRose/Roump/Carleo bunch only care about $$$$$!

By JAMES AMOS
THE PUEBLO CHIEFTAIN

The Pueblo County grand jury has indicted Rosario's restaurant owner Anthony "Tony" Ianne on 72 counts accusing him of mortgage fraud involving fake loan applications, fake pay stubs and, in some cases, having managers at his restaurant lie about the employment of prospective homebuyers.

The indictment was filed Monday in Pueblo District Court. The grand jury also indicted John Valle of Denver, the owner of Colorado Mortgage Firm, as well as Colorado Mortgage employees Brianna Valle and Sheldon Carlisle, naming them as co-conspirators with Ianne.

Pueblo District Attorney Bill Thiebaut said Monday that Ianne was the "principal actor" in the mortgage fraud incidents, which the indictment alleges took place between 2005 and 2007.

Ianne was indicted by the grand jury in October in connection with witness tampering allegedly for telling one of the homebuyers described in Monday's indictment not to talk to investigators.

Monday's indictment included a warrant for Ianne's arrest and a summons for the other three people to appear in court. Ianne surrendered at Pueblo County jail on Monday, and was released later in the afternoon on $100,000 bail. The indictment alleges that Ianne had bought a large number of "distressed properties" and needed to sell them to clear up his lines of credit.

According to the indictment, Ianne - unable to sell enough of the properties quickly enough - turned to "a universe of friends, family and employees" between 2005 and 2007 and asked them to be buyers.

The indictment stated that several of those people each bought multiple properties, even though some couldn't afford them. The indictment alleges those individuals were able to buy the properties because Ianne and Colorado Mortgage faked the financial credentials of the buyers.

The four buyers named as victims in the indictment were Mark Secorna, William Dotson, Penny Dominguez and Jeremy Garnett. They bought as many as 19 rental houses in total, but lost many of them to foreclosure later when renters moved out and could not be replaced.

The buyers, according to the indictment, "began to understand what had happened once their homes went into foreclosure," then turned to the district attorney's office and complained about discrepancies in their loans.

The indictment alleges that Ianne and Colorado Mortgage did the following:

Illegally provided the buyers with money for their down payments without disclosing it on loan and HUD (Housing and Urban Development) forms.

Paid the buyers illegal kickbacks, "secret payments to the buyers after closing," calling them "landscaping fees" and writing the checks from another Ianne company. The indictment also alleges that Ianne himself and also through his manager, Paul Andrada, did not always pay the buyers the amounts they were promised.

Falsified loan applications, sometimes with a special computer program called "Calyx," to make the buyers appear more attractive to lenders. None of the buyers should have qualified for multiple mortgages, according to the indictment. The closing dates for the homes were arranged to happen quickly to avoid disclosing that the buyers had multiple mortgages or loan applications.

When lenders began to ask questions in 2006, the group created even more false documents to try to prove that the buyers were good credit risks. According to the indictment, that included creating fake W-2 forms, pay stubs, bank statements and rental verifications.

The co-conspirators "on many occasions" forged the signatures of the four victims on legal documents.

"Furthermore," according to the indictment, "managers at Rosario's Inc. were told to verify the employment status of prospective (property) buyers who were not in fact employed by Rosario's Inc."

The indictment said all four buyers "had either performed contract labor for Ianne or had worked for him at his restaurant, Rosario's Inc."

Ianne's manager, Andrada, was not indicted, nor were were two Ianne employees named as being involved in the operation: Tami Cornelison, who was named in the indictment as someone who helped create false documents to help back up the bogus mortgage applications; and Dannete Gutierrez, who allegedly assisted in processing information for various buyers to present to mortgage brokers to arrange for loans.

The indictment also named some of Ianne's financial partners but did not accuse them of anything, saying: "During this period (2005-07), Ianne was also associated with other individuals who supplied funding for his business, Mike DeRose and Gino and Louie Carleo."

Contacted by The Chieftain on Monday, DeRose, a local dentist and civic leader, said: "I invested with (Ianne). I have no (other) comment.”

Louie Carleo, a local developer and civic leader, said: "I’ve never heard anything about it (the indictments and the business). It’s all news to me. I was never aware we did anything with him (Ianne).”

Ianne and the three Colorado Mortgage officials each were indicted on 29 counts of conspiracy to commit forgery, 20 counts of conspiracy to commit theft of more than $15,000, eight counts of conspiracy to commit computer crime in excess of $15,000, 14 counts of conspiracy to commit forgery, and one count of violating the state's organized crime law against "conducting an enterprise through a pattern of racketeering activity."

Thiebaut, the county's chief prosecutor, declined to say Monday if anyone else would be indicted or accused in the scheme.

"All I can say is that the 2009 grand jury continues to meet and investigate crimes in our community," he said.

Thiebaut said the court was asked for a warrant to arrest Ianne because of his status as the principal individual in the case. He noted that Ianne still faces the five counts in the October grand jury indictment of tampering with a witness/victim, retaliation against a witness/victim, first-degree criminal trespass and second-degree burglary.

Thiebaut also said that there were more than four victims.

"There were numerous people that came forward," he said. But "the grand jury decided to concentrate on these people at this time."

The case will be complicated, Thiebaut said, but added: "I'm confident we can prove our case beyond a reasonable doubt."

Ianne's attorney, Randy Jorgensen, said he hadn't seen the indictment Monday. But he repeated his earlier complaint - made in October when Ianne was previously indicted - that it's too easy to indict someone with a grand jury, and that the indictment doesn't prove Ianne is guilty of anything.

"They've been working on it for two years," he said of the grand jury's work on this case. "If you throw enough crap up against the wall . . ."

He said he thinks the grand jury was influenced by witnesses who were promised immunity, making them "bought and paid for."

"You buy your testimony with immunity," he said, adding: "I don't think Tony ever met Mr. Valle and (Ianne) definitely didn't ever meet the other Valle or Carlisle."

Jorgensen also said of the four home buyer victims: "Everybody who went into this went into it with their eyes wide open."

jamos@chieftain.com

Small Smiles Complaint On The Rise Once Again

It's been a while since I've had many Small Smiles complaints, but this week has been especially busy. It appears whoever the District Manager is for Ohio and Pennsylvania is letting things get out of hand again. Dr. Adair, where are you!! You need to be checking in on these clinics!

Things have been pretty quiet for a while, other than the complaints from the Macon, GA clinic, where they damn near let a little girl die! She had already turned blue while wrapped in the papoose board before the dental assistant brought it to the attention of the dentist. They slapped some oxygen on her and she came around thank GOD. To my knowledge they never told the parents about the incident, didn't call an ambulance when they saw she was blue, but Dr. Adair flew in the next day to have a little chat with the dentist.

Ocean Dental Employee Complains About Work Conditions

I received this anonymous comment about Ocean Dental, thought it deserved posting here:

I use to work at Ocean Dental. The Dentist are Great. its the work enviroment. I was a hygienist that did not get a break. saw 20-40 patients a day. they were billed out in hygiene even if i didnt see them. Which is fraud!! I wonder if joe told DR. chad that. employees do not get breaks and are constantly harrased.5-10 min. the most with patients. lack of care. I felt so bad, i couldn't sleep at night. I still can't kids putting plastic bags over their head. Ocean dental piled the kids in like cattle. Depressed R.D.H>

15 year old dies from Fentanyl Patch Prescribed by Dentist

 

Seattle Washington
September 29, 2009

Michael Blankenship, 15, died March 9, 2009 from over dose of Ketamine and Fentanyl from a pain patch prescribed by his dentist.  Seattle Children's, and  Barbara Sheller, DDS were named in lawsuit.

Seattle Times Story

South Carolina Jury Award $2 Million in Dental Malpractice

August 25, 2009

Elizabeth Smith v Sexton Dental Clinic

 

A South Carolina patient recovered a $2 million jury verdict against the dental clinic that accidentally pulled 13 additional teeth. The Florence County jury ruled against the Sexton Dental Clinic in a malpractice lawsuit asserting dentists pulled all 16 of the patient’s top teeth.

South Carolina medical malpractice lawsuit involving Sexton Dental Clinic in Florence County resulted in a $2 million jury verdict.

Columbia, SC–Personal injury lawyers representing a South Carolina patient, who fell victim to gross medical negligence by dentists at the Sexton Dental Clinic recovered a $2 million jury verdict in a Florence County court room. As reported by South Carolina Now, the plaintiff, Elizabeth Smith, a 28 year-old Sumter woman, sought treatment for a cracked tooth at the Sexton Dental Clinic, in Florence in May 2006. A Florence County jury returned a $2 million verdict in mid-August after hearing the personal injury claim that left the young woman with no upper teeth since 2006 when a rogue dentist removed all of her upper dentia.

According to court documents filed by South Carolina dental malpractice attorneys representing the seriously injured woman, three dentists at the Sexton Dental Clinic; Dr. Robert W. Scott, Dr. Robert G. Jamison, and Dr. John R. Clark, extracted all 16 of Smith’s upper teeth including 13 without any medical basis. The catastrophically damaged young woman further claimed in her malpractice suit the dentist falsified her medical records to cover up their mistake. Apparently, the dentist’s determined she needed to have a total of three teeth removed and ended up pulling all 16 teeth in her upper palate. The medical malpractice lawsuit named the Sexton Dental Clinic, CEO, and the three dentists who all denied the allegations of wrongdoing.

The South Carolina Board of Dentistry http://www.llr.state.sc.us/POL/Dentistry/ which operates under the South Carolina Department of Labor www.llr.state.sc.us/ division of Licensing and Regulation lists all three of the above named dentist’s licenses as active. During research of the three named dentists on the Board of Dentistry website information about a previous action involving Dr. Robert G. Jamison, D.M.D., around July 23, 1996 surfaced. According to public records, Dr. Jamison, admitted to violating South Carolina standards of care in the treatment of two patients and submitted to disciplinary and corrective actions under S.C. Code Ann. Section 40-15-200 (Supp. 1996). He was ordered to pain a fine, one year probation, and 32 hours of remedial education course in removable prosthodontics.

The South Carolina Board of Dentistry website states their primary purpose is to oversee examinations, licensing certification, annual re-registration and regulation of dentist and dental professionals including dental laboratory technicians. The Board also investigates complaints and disciplines dentists and dental professionals. If you or your family has suffered injury because of the negligence or malpractice of a dental professional you can file a complaint with the South Carolina Board of Dentistry at http://www.llr.state.sc.us/POL/Dentistry/index.asp?file=complaint.htm.  

South Carolina medical malpractice jury verdict alerts by legal news reporter Heather L. Ryan.

18 Kool Smiles Dentists Sanctioned By Georgia

Here's the link:

http://www.journalgazette.net/article/20090809/NEWS01/308099907/1002/LOCAL

Because of incorrect information given The Journal Gazette, a story Aug. 2 on Page 1A about Kool Smiles dental clinics misstated the sanctions imposed on the company after an audit by the Georgia Department of Community Health. The department now says 18 individual Kool Smiles dentists can no longer do Medicaid work under Georgia programs.

A subsequent editorial published Tuesday cited the same incorrect sanctions. It should also have identified WellCare, which terminated its business with Kool Smiles, as one of three managed-care providers in Georgia.

Also, because of incorrect information given to The Journal Gazette, the story misstated the Medicaid costs associated with the clinics in Georgia as reported by WellCare Health Plans. WellCare now says Kool Smiles dentists made up about 5 percent of WellCare’s network but represented about 20 percent of the cost.

As a final point of clarification, where the story detailed Kool Smiles’ 2007 loss of its ability to do Medicaid work in Georgia, the allegations by WellCare, not the state audit, led to the chain losing its contract as a provider there.