When she took him to another dentist, however, the cavity was found to be so small they were able to fill it without using Novocaine. Bergbower’s 16-year-old daughter, Shauna, was told by Kool Smiles she needed fillings for four cavities. Another dentist could not find any.
Thursday, February 04, 2010
Tuesday, February 02, 2010
Lawsuits Abundant In The Land of FORBA
... I've said from the very beginning of my investigation, the DeRose's were still in this up to their eyeballs and now there is proof I don't care how many people they told that has sold it. They sold the assets, and continued to run and profit from the clinics to this very day.
It's all laid out right here, here, and here, in a lawsuit file in Colorado Federal District Court, January 22, 2010.
I do find it odd, by looking at the case number (09-cv-02305)it appears to have been filed in 2009. Oh, I just noticed this particular document is an 'amended complaint' so this probably was originally filed last year. Yes, indeed it was filed on 9-28-2009.
Defendants:
LICLAC, LLC
DD Marketing, Inc
DeRose Management, LLC
LICLACNY, LLC
Danny E. DeRose
Edward J. DeRose
Michael A. DeRose
Michael W. Roump
Richard B. Lane
William A. Mueller
Adolph R. Padula
Padula Famly Partnetship, LLLP
Relief New FORBA is asking the court to assess on DeRose FORBA:
$50,000,000 for breach of contract
$50,000,000 for liable to FORBA Holding (New FORBA)
$50,000,000 for liable to FORBA Holding (New FORBA)
$50,000,000 for monetary damages FORBA Holding (New FORBA) and incurred
...and anything else they can get the judge or jury to hand over to their dirty little hands.
In my opinion, New FORBA (FORBA Holding) is just trying to cover their butts, by saying "it wasn't me"... but in all honesty, they (New FORBA) knew exactly what's been going on and for how long. These people found each other for a reason, ya know. Plus, Smith, Green, Cawood and Gardner are in this Keystone thing too.
Just saying, I don't think "New FORBA" has unclean hands", if ya know what I mean...
Man, this is odd, whose side should I take in this battle. Hmmm... 'New FORBA' is the one who sued me for spilling their dirty beans, yet those DeRoses make me wanna puke just to look at any of them... Gosh, this is hard... Shoot, I really need to send 'New FORBA' a HUGE bill for all the research I did for them...and laying down all the crumbs for them to follow.
Shoot,shoot, shoot...this is gonna be hard. NOT!! I hope they both tear each other to shreds. But my main goal is for the doors to shut on all 69 of the torture chambers, they call dental clinics.



I'm just at page 19 of the Amended Complaint. I knew Dan DeRose looked like a slimball. I was right. In this complaint, I quote from page 12, paragraph 38.
"...instituted a 'contest' to encourage greater production by the dental centers..."
"personnel continued to have regular communications with the Lead Dentist and Office Manager in each of the Small Smiles Centers regarding production."
"...For example, defendant Michael Roump sent emails to Small Smiles Centers emphasizing that 'production per patient' should be an area to focus on with your dentists ...as we have discussed, our focus needs to be on increasing production per patient"
...personnel also ran a series of reports for Old FORBA's (speaking of FORBA, prior to sale) use in managing the Small Smiles Centers, including 'Dentist Efficiency Reports' and 'Dentist Daily Average Reports."
"Dan DeRose recognized the sensitivity of certain of these reports, denying the existence of these reports to Sanus and suggesting that such reports were the 'number one trigger point for fraud'.
Also thinking about that beautiful Ed and Neta DeRose football stadium built with blood money to honor the dishonorable DeRose's. Wow, it's gonna be hard to not pass this thing, and not think about all the children tortured and abused to line the pockets of the entire DeRose-Padula-Mueller-Roump families. Even the death of one of their tiny innocent patients didn't slow these guys down.


Page 25, paragraph 68 lays out what 'old FORBA' or as I call it 'DeRose FORBA', was supposed to do, in which clinics they were supposed to do it and what they failed to actually do.
I guess this is the section where 'New FORBA' points it's finger and cries, 'he did it' or it could be called the Obama defense. Ya know.. 'Bush Did It, It's Bush's fault, or 'I (we) inherited this'.....
Wow, I'm at paragraph 69 and low and behold there is mention of Dr. Robert Andru and Dr. Kenneth Knott and Toledo Ohio center dentist Dr. Swapna Kakarla. Here it mentions the 'falsification of the Credentials. Geez, I thought that 'New FORBA' did that one.
Paragraph 70 talks about all the expenses 'New FORBA' has incurred due to federal and state investigation, wonder if that includes the $60k attorney fees they said they racked up trying to shut me up? Hmm...
Evidently, New FORBA is saying DeRose FORBA didn't comply with accepted standards for charting. There must be an email from Richard Lane dated August 24, 2005 telling DeRose FORBA that 'poor charting will cause problems in the future'. Not only did DeRose FORBA not see to it that the charts were in good order, they didn't correct it, nor did they disclose to the poor innocent unwitting people of 'New FORBA'.
Looks like 'New FORBA' has a lot of 'DeRose FORBA' emails they've uncovered. Wonder why New FORBA is just now getting these emails. They speak of one, in the Complaint dated 12-29-2004 were Dan DeRose said the Atlanta center
"is a mess, a disappointment, a total disaster" and "I've looked the other way and allowed it to happen. Our employees don't care, our Dr's have no leadership and no professional conduct. Our Office Manager is a train wreck, immature little girl with a huge mouth. Our systems are not in place. Medical histories are not being signed, x-rays suck, referrals are being made daily that is not a FORBA clinic and no one to blame but myself... This email is not to be forwarded to anyone printted or duplicated in any way without my permission."It also appears people in the DeRose FORBA camp warned of investigations in progress or that would be coming. It's stated in the complaint that Dr. William Mueller (who is a defendant in this case) warned of certain
"things we do which have caused concern on the part of parents, dental boards or media."
In this email, Dr. Mueller makes a list explaining the above statement:
1. Parents in the back
2. patients 'Immobilization'
3. use of 'Stainless steel crowns'
4. Amount of work done
I'm just wondering why New FORBA is just now getting their hands on these emails. I just can't buy what they are selling here. So if DeRose FORBA did all of this prior to the purchase of the assets by New FORBA, and DeRose FORBA continued doing business in this fashion and DeRose FORBA clearly knew it was either illegal or immoral, New FORBA wants us to buy, that they didn't know. Well, that is BS. They've been told just about on a daily biases for at least 3 years and they are just now upset about it!! C'mon! They just want the DeRose's to fork over the $24 million dollars New FORBA now owes the government. Todd Cruse worked for the DeRose FORBA and is right in the office everyday at the New FORBA!
Clearly New FORBA (FORBA Holding) who owns the dental clinics Small Smiles are trying to scrub their dirty grimy little hands. Amazing how this comes out just after they get nailed with the $24 million dollar settlement. What about last, year, the year before that, what about in 2007...New FORBA (FORBA Holding) didn't care then, and they damn well knew what was going on!
Any due diligence at all by the New FORBA would have revealed all the troubles of DeRose FORBA, Michael DeRose, Dan DeRose, Ed DeRose, Mark DeRose, William Mueller, Adolph Padula and more. Did they not know about 'google' in 2006?
They could have found out about Michael DeRose's nasty little business in North Carolina as far back as 2003!!!!!!! Stuart Watson at a Charlotte, NC TV station reported on this that far back!!!
By the time you get to paragraph 96 it's clear new FORBA has filed this just to present to the public their hands are clean and Small Smiles clinics are a safe and wonderful place now for children. They have to keep the income coming in, right? New FORBA want's to smell like the 'rose' they've presented themselves to be for year.
New FORBA (FORBA Holding) says they have incurred $1 million dollars in expenses responding to the state and local government inquiries. I would say it's $1,000,060,000.oo...lol
New FORBA also wants DeRose FORBA to pay them for the expenses they incurred in 2008 due to a civil RICO suit filed in Tucson, Arizona where a search warrant was executed. This suit was looking into thing that went down as far back and July and August 2004 to May 2005.
During the past 2 plus years I can't count the times I've said, "Oh, what a tangled web we weave, " well I'm saying it again.
update:
It appears this case has been dragging on and on and on and on. Motions galore. We are at doc 41 and the DeRose bunch, aka Old FORBA are just now filing a motion for an extension of time to file their Answer to New FORBA's complaint. A judge has even had to recuse herself due to socially knowing the defendants.
Monday, February 01, 2010
Lobbying For Dental Dollars
Wojdak & Associates helps clients form partnerships with government. Our lobbyists are experienced in cultivating cooperative relationships with public officials and other governmental representatives whose oversight could impact the clients or their industries. Our firm helps clients anticipate legislative and regulatory developments and policy trends as well as expand or refine their ability to incorporate government relations into strategic planning.
Wojdak & Associates has a niche as an effective representative of provider and institutional interests within the complex world of health care. Our firm offers highly specialized technical advice, support and assistance to clients whose business relies on regular, productive interaction with state agencies such as the Department of Public Welfare and the Department of Health. Our health care practice has the extensive experience with health-care structures necessary to develop workable initiatives and solutions to problems, and the skill to guide initiatives through legislative, regulatory and political processes.
Wojdak & Associates, recognizing the influential role the media play in government affairs, often turns to its subsidiary, Bellevue Communications Group, for public relations expertise for clients. Bellevue offers a wide range of services – media relations, strategic planning, community PR, grassroots correspondence, editorial support, crisis communications, media training and news conference/news event management. Bellevue's skilled professionals have worked as reporters and editors with the region's leading print and broadcast news outlets, and as spokespersons for public officials.
Kool Smiles Dental As Bad As Small Smiles Dental According To Report
Dan Stockman
The Journal Gazette
Kool Smiles patients
Indianapolis 2…7,195
Indianapolis 1…6,949
Fort Wayne…6,013
Evansville…5,733
Highland…2,890
Terre Haute…2,055
Medicaid reimbursements
Indianapolis 2…$2.7 million
Indianapolis 1…$2.5 million
Fort Wayne…$2.4 million
Evansville…$1.7 million
Highland…$1.1 million
Terre Haute…$746,000
Indiana…$11.1 million
Percentages
•Medicaid and CHIP patients treated by Kool Smiles: 7.8 percent
•Medicaid and CHIP claims filed by Kool Smiles: 6.6 percent
•Medicaid and CHIP reimbursements paid to Kool Smiles: 6.8 percent
When she took him to another dentist, however, the cavity was found to be so small they were able to fill it without using Novocaine. Bergbower’s 16-year-old daughter, Shauna, was told by Kool Smiles she needed fillings for four cavities. Another dentist could not find any.
Sunday, January 31, 2010
Class Action Filed Against FORBA Small Smiles
IN THE U.S. DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
FORBA HOLDINGS,
LLC; FORBA SERVICES, INC.;
SMALL SMILES HOLDING
COMPANY, LLC; SMALL
SMILES OF TOLEDO
LLC; JOHN/JANE DOES 1
THROUGH 75 (Identities and
addresses unknown)
Defendants.
A class action suit was filed January 25, 2010.
Here are a few excerpts of the Complaint:
1. This case arises out of Defendants’ nationwide conspiracy to perform medically
unnecessary dental procedures and use unnecessary or excessive nitrous oxide sedation and physical restraints upon children at their pediatric dental clinics located in at least 23 states, in order to defraud their parents/guardians and third party payors, and obtain additional compensation.
2. Through this action, Plaintiff and others similarly situated seek recovery for damages
stemming from said conspiracy and fraud, including, but not limited to, medical expenses, pain
and suffering, severe emotional distress, trauma and psychological injuries.
....Plaintiff further proposes the following subclass:
Any child and/or the parent/guardian of any child who resided in the State of Ohio and received medically unnecessary or excessive treatment, x-rays, sedation and/or restraints at any of Defendant’s Ohio clinics.
....As to this subclass, Plaintiff asserts Ohio state law claims, including, but not limited to,
claims for fraud, Ohio RICO, assault and battery, intentional and/or negligent infliction of
emotional distress, violations of Ohio’s Consumer Sales Practices Act, loss of consortium and
punitive damages.
...There are common questions of law and fact in the action that relate to and affect the rights of each Class member, and include, but are not limited to:
a. Whether Defendants issued and enforced through their nationwide clinics
guidelines, policies, procedures, practices and “billing production goals” that
were specifically designed to defraud their minor patients’ unsuspecting
parents/guardians and third party payors by performing medically unnecessary
and painful dental procedures and/or x-rays upon the children, including, but not
necessarily limited to, pulpotomies (baby root canals), extractions, filings,
crowns, and improperly, unnecessarily or excessively using nitrous oxide sedation,
physical restraints and/or behavior management techniques on the children during
surgery in order to obtain additional compensation.
For example, upon information and belief, during their training in Pueblo, Colorado,
employees of the nationwide clinics, including, but not limited to, employees of Defendant Small
Smiles of Toledo, LLC, were taught Defendants’ policy called, “conversion.” “Conversion” was
a term used by Defendants to describe their attempt to convert their routine care Medicaid eligible patients to patients receiving medically unnecessary procedures beyond routine checkups
and cleanings. Specifically, employees were taught that it was Defendants’ policy to
“convert” all child patients requiring simple cleanings and check-ups into child patients requiring
extensive and more expensive additional procedures, such as pulpotomies, the dental process of
removing pulp from the pulp chambers of the teeth, and the implant of steel crowns.
Defendants’ employees were taught and in fact performed pulpotomies, and then placed steel
crowns over the teeth instead of installing simple fillings, which is the usual procedure, in order
to obtain additional and more expensive grounds to bill the patients’ parent/guardians and third
party payors.
You can read the Complaint in it's entirety here: Class Action Against FORBA /Small Smiles
Wednesday, January 27, 2010
New Mexico Join 22 Other States in $24 Million Settlement
New Mexico Attorney General Gary King announced today:
New Mexico joins 22 other states and the federal government to settle allegations against FORBA Holdings, LLC., a dental management company that provides management services to Small Smiles dental clinics nationwide. Under the agreement,FORBA agrees to pay the participating states and the United States $24 million, plus interest, to resolve allegations that it caused bills to be submitted to these states’ Medicaid programs for medically unnecessary dental services performed on children insured by Medicaid. Medicaid is funded jointly by the federal and state governments.
New Mexico will receive $361,970.88 under the settlement, which is less than the amount the SIC (State Investment Counsel)invested in Small Smiles. That investment was made under the New Mexico Private Equity Investment Program, a venture capital initiative designed for New Mexico start-ups. As we revealed, though, Small Smiles was not a New Mexico company, but is owned by an Arabian investment bank. As the result of our reporting, the SIC removed Small Smiles from its list of New Mexico companies receiving equity investments, but has not recouped its investment.
Small Smiles Dentist's Still Abusive After $24 Million Settlement
I have never had a problem with the billing situtation. But what about the nurses and Dentist that fill like they can get away with abuse toward our childern. I'm a grandmother raising 4 granddaughters all go to Small Smiles until today. My 10 year old has asthma they know this and also knows she is scared of Dentist and Doctor from treatment on her asthma. They have always been pretty good about calming her down and making her fill safe. But when a Dentist goes in and belittles her because she is crying and scared and another (the Dentist Assitant) grabbes her arms and shakes her back and forth and all 3 of them laugh at her afterwards. She then makes a comment "You will probably get me fired". My granddaughter tells the Dentist she needed her inhaler because she was having a hard time breathing, instead of getting her inhaler the Dentist tells her "I think your doing this just to get attention". Then she says " Let's all stare at her and give her the attention and see if she will stop crying". I ask again who is protecting our children behind closed doors at Small Smiles. I went up and talk to some supervisor and she pretty much said my granddaughter was lying.
Saturday, January 23, 2010
Thursday, January 21, 2010
FORBA Forced To Change? Doubtful !
Email: jflasch@13wham.com
1/21/2010
Rochester, N.Y. / Washington D.C. -- After 13WHAM News raised questions about the use of restraining devices and unnecessary root canals on children, the parent company of Small Smiles promised changes.
In a two-page statement, FORBA Dental Management CEO Michael Lindley detailed the changes including a reversal of a policy to never allow parents into the same room with their children while their teeth are being pulled or drilled. That was December 2007. Yet 13WHAM News has received a dozen e-mails from parents who say as recent as last month those policies were not in place.
Nadine Dukes says her 10-year-old daughter’s calls for “mom” were ignored. "She was screaming. I heard it, but I didn't know who it was. They never got me,” says Nadine. When she next saw her daughter Kitana six of her teeth were gone -- pulled out.
Fast forward three years. Small Smiles will pay a $24 million settlement to the US government, promising changes once again so its clinics won't be forced to close.
read more...
After a report by 9News in Denver reporter, Deborah Sherman and subsequent state investigation, of the Small Smiles clinics owned by the DeRose family, laws in Colorado were changed and took effect in 2005.
Strict guidelines were put in place to limit the number of root canals that could be done on a child in one office visit and when it's appropriate to use the dreadful papoose board. Yet here we are in 2010 and we find the Small Smiles Clinics and other clinics owned by Forba Holding, LLC are still mistreating, over-treating, and down right abusing children for profit.
Michael Lindley, Alfred Smith, Rodney Caywood of the Nashville, Tennessee area, Jack Draughon, William C. Miller, Jr. and Charles H. Ogburn of Atlanta, GA, Bowen Diehl of Dallas Tx and Charles Griffith of Englewood, Colorado should be tarred, feathered and ran out of town on a rail, after they write that $24 million dollar check to taxpayers. These people are listed as the 'Managers' of FORBA Holding, LLC 618 Church Street, Suite 520, Nashville, Tennessee.
Texas, Nebraska, Ohio, Colorado, Kansas and Kentucky Portions of 24 Million Dollar Settlement
State to get $70K in caseOklahoma will get $700,000 as part of an agreement with FORBA Holdings LLC to settle a Medicaid billing dispute. Oklahoma has joined 22 states in the deal with the dental management company. The states and federal government alleged FORBA billed state Medicaid programs for medically unnecessary dental services on children insured by Medicaid. Under the agreement, FORBA will pay the states and federal government $24 million, plus interest, and enter into a five-year corporate integrity agreement with the Department of Health and Human Services’ Office of the Inspector General. FORBA provided management services to Small Smiles dental clinics nationally, including three in Oklahoma.JULIE BISBEE,
Nebraska to get $270,000.
Attorney General Jon Bruning announced today that Nebraska has joined twenty-two other states and the federal government to settle allegations against FORBA Holdings, LLC., a dental management company that provided management services to Small Smiles dental clinics nationwide.
Under the agreement, FORBA agreed to pay $24 million, plus interest, to resolve allegations that it billed state
Medicaid programs for medically unnecessary dental services performed on children. Medicaid is funded jointly by the federal and state governments.“Taking advantage of taxpayers is bad enough,” Bruning said. “But to do so by performing unneeded dental work on children will not be tolerated.”
Nebraska alleged that FORBA, which operates dental clinics under the name of “Small Smiles,” submitted claims for a wide range of dental services provided to low-income children that were either medically unnecessary or performed in a manner that failed to meet professionally-recognized standards of care.
Nebraska’s portion of the recovery is more than $270,000. In addition, FORBA has agreed to expanded oversight from the federal Department of Health and Human Services.
A team representing the National Association of Medicaid Fraud Control Units (NAMFCU) participated in the investigation and conducted settlement negotiations with FORBA on behalf of the settling states. Team members included representatives from Ohio and South Carolina. Nebraska Assistant Attorney General Mark Collins is the president of NAMFCU.
Courtesy: Nebraska Attorney General's Office
Texas gets $546,000 from FORBA settlement
Kansas to get $1.2 million.
My question here is, why are they in Kansas in the first place. Isn't corporate dental practices illegal in Kansas. Oh, wait, I forgot the story they tell...they don't own it. It's own by, ....well last person to be named as owner was Dr. Mohammad Akbar. Funny thing though, FORBA says it's 'firing' dentists over this. How can they fire dentists in clinics they just 'manage'? If I were to do the bookkeeping for a company that got into deep doo doo, I doubt I would have the power to fire the workers at the company.
Ohio will receive $2.3 million of the $24 million dollars. FORBA/Small Smiles settlement.
Ohio is taking a $2.3 million chunk of a $24 million multi-state settlement with a chain of pediatric dental clinics accused of making Medicaid foot the bill for unnecessary procedures.
Attorney General Richard Cordray on Wednesday said Ohio along with 22 other states and federal officials have struck a settlement with Nashville, Tenn.-based FORBA Holdings LLC, which runs the 23-state Small Smiles chain. In Ohio, the company has pediatric clinics in several cities, including locally in Roselawn and Colerain Township.
Kentucky gets $124,000 of the $24 million dollars.
Kentucky is one of 23 states that reached a $24 million settlement with a chain of pediatric dental clinics accused of billing Medicaid for unnecessary procedures.
Under the terms of the settlement, Kentucky will receive about $124,000 from Nashville, Tenn.-based FORBA Holdings LLC, the parent company of Small Smiles dental clinics. Of that settlement, about $44,000 will go to reimburse Kentucky’s Medicaid program, according to a news release.
In Louisville, Small Smiles has a clinic at 3438 Taylor Blvd. (Home of Dr. Melenie R. Abrams, DDS).
According to the release, some of the procedures billed to Medicaid included extractions, root canals, fillings and crowns. The company, which serves children in low-income families, also allegedly used improper techniques to restrain children.
Through the settlement, FORBA has signed an agreement to change policies at its clinics and establish procedures to detect and ultimately avoid performing unnecessary dental work.
FORBA said in a statement that the agreement “encourages us to continue to focus on vital, high-quality dental care for children in America’s low-income communities and allows us to build on the improvements implemented since the company was acquired in September 2006.”
The $24 million settlement is set to be paid out over a five-year period.
Colorado gets $1.2 million
Colorado is to receive $1.2 million as its share of a $24 million multistate settlement of a series of whistle-blower lawsuits against dental-management company
FORBA Holdings LLC, parent of the Small Smiles chain of pediatric dental clinics, state Attorney General John Suthers announced.Nashville-based FORBA — which focuses on serving low-income children eligible for state-paid dental care benefits — had been accused in the suits of making Medicaid foot the bill for unnecessary procedures.
The 23-state settlement resulted from lawsuits filed in Maryland, Virginia and South Carolina.
The suits alleged FORBA submitted claims for reimbursement “for a wide range of dental services that were either medically unnecessary or performed in a manner that failed to meet professionally recognized standards of care,” Suthers’ office said in a statement.
As part of the settlement, FORBA signed an agreement to change policies at its clinics and establish procedures to detect and ultimately avoid performing unnecessary dental work.
In a statement Wednesday, FORBA said the agreement “encourages us to continue to focus on vital, high-quality dental care for children in America’s low-income communities, and allows us to build on the improvements implemented since the company was acquired in September 2006.”
FORBA was acquired in 2006 by Arcapita Bank, a Bahrain-based investment firm with an Atlanta-based U.S. unit,
The $24 million settlement is set to be paid out over a five-year period to states where FORBA has clinics.
In Colorado, FORBA operates Small Smiles outlets in Denver, Aurora, Thornton, Greeley, Colorado Springs and Pueblo, according to its website.
New York will get $1.1 million as it's share of the settlement. Steve Flamisch reports below.