Over the past several days Kool Smiles Dental (NCDR, LLC) has published press releases about their expansion, growth and plans to hire from 80 to 100 jobs in various states. i.e. South Carolina to get 100 new jobs, Virginia blessed with 100, Indiana 88 new jobs.
Using buzz words and phrases such as “expansion”, “bright economic outlook” “provide jobs” leaves the reader feeling warm and fuzzy about Kool Smiles doesn’t it? Heck they are providing dental treatment for underprivileged children and children whose parents have fallen on hard times due to the poor economy and bleak job outlook. As the cherry on top they state they are providing jobs for states and local communities.
FANTASTIC!
Shoot, they even have lawmakers commenting about the fabulous news:
Tuesday, November 08, 2011
Sunday, November 06, 2011
Friday, November 04, 2011
North Carolina Dental Board nixed Heartland Dental’s attempt to take root, taking the bull by the horns.
It looks like North Carolina is taking the lead to put an end to the corporate take over of dentistry. Now, if they would just look into the Smile Starters agreement with Root Dental Management, and the sales agreement between Dr. Rivera and Dr. Michael DeRose another income flow to the DeRose family might be cut off.
If you want to understand how the corporation do business, you should read this. It lays it all out for you.
North Carolina State Board of Dental Examiners (NCBDE)
vs.
Heartland Dental Care, Inc
d/b/a Heartland Management, Inc
Gary Cameron and Associates, P.C and';
Gary L. Cameron, DDS
Case 11-CVS-2343
Heartland Dental Permanent Injunction
Dr. Cameron was selling his dental practice to a corporation, “an unlicensed individual or entity.”
Heartland denied Dr. Cameron transferred ownership or management to anyone and maintained Dr. Cameron merely sold certain assets to Heartland then entered into a lawful management agreement with Heartland.
This violates North Carolina’s Dental Practice Act (N.C. Gen. Stat. 90-22) and the Management Arrangement Rule (21 N.C. Admin. Code 126X.0101).
Heartland Dental denied the allegation that Dr. Gary Cameron transferred ownership or management to anyone and maintained Dr. Cameron merely sold certain assets to Heartland Dental then entered into a lawful management agreement with Heartland.
[I’m seriously trying not to roll on the floor while laughing at Heartland’s position]
However, in 2009, Dr. Cameron hired Roger K. Hill and Company to assess and valuate his dental practice and provide him with a valuation of $2,350,800.00. I’m not even going to get into what was likely done to make sure the the clinic had a high value.
By December 1, 2009 Dr. Cameron and Heartland agreed on a price of $2,450,000.00 PLUS the value of his accounts receivable and entered into a “Letter of Intent to Acquire Certain Assets”. In this letter of intent it listed the “assets of the Seller” to be:
”All operating assets, leasehold improvements, office equipment, dental equipment, supplies, inventory, trade receivables, licenses, contracts,
trademarks, and other tangible and intangible property necessary to the operation of the Seller”
In January 2010 Dr. Cameron established a new company called Gary Cameron and Associates, P. C. with him being the sole owner.
Is this Kool Smiles way of pretending they are paying back the millions defrauded or trying to head off some bad publicity in the works?
Can you consider “patient shopping” a donated service? Here is their Press Release for today:
Kool Smiles Donates $12.5 Million in Dental Services to Underserved Communities and Launches Facebook Campaign to Donate a Toothbrush for Every "Like"
ATLANTA, Nov 4, 2011 Kool Smiles is proud to announce that so far this year it has donated over $12.5 million in free dental services to underserved communities. In celebration, they are launching a new Facebook page. In addition to keeping the community engaged in its vision and efforts to increase accessible dental health nationwide, the page allows individuals to have an impact on the wellbeing of children in need. For every "Like" the Kool Smiles Facebook page receives, a toothbrush will be donated to an underserved child.
Quality dental care at a young age plays an important role in both the physical and psychological well-being of children and adults. Now, Kool Smiles is empowering every person who "likes" its efforts by donating a free toothbrush and is prepared to provide up to a million toothbrushes for a million healthy smiles.
Dr. Tung Thai Nguyen Pleads Guilty To Health Care Fraud-Greensboro, NC
Silva and Silva DMD Pllc
(used to be Nguyen, Silva and Silva, P.A. D.M.D –dissolved 1-12-2011)
Silva and Silva, LLC
Dr. Enrico Silva
Dr. Ha Hguyen Silva
1505 West Lee Street
Greensboro, NC 27403
336-510-2600
November 4, 2011
From WMFY News
Greensboro, NC-- A Greensboro dentist has admitted to health care fraud.
Thursday, the US Attorney's Office accepted a plea deal with Tung Thai Nguyen. Nguyen pleaded guilty to health care fraud charges in connection with false claims submitted to Medicaid.
Dr. Nguyen, 40, pleaded guilty, in A Winston-Salem federal court room, to two counts of violating health care fraud and one count of violating 18 false entries in a matter involving a health care benefit program.
According to documents filed in Court, Dr. Nguyen submitted claims to the Medicaid program for dental restorations not actually performed. Dr. Nguyen also submitted a claim to the Medicaid program for the installation of one type of partial denture when he actually furnished a less expensive and different partial denture to the patient.
Nguyen will be sentence in February 2012. He faces the maximum possible penalty for a health care fraud violation, which is not more than ten years imprisonment, a maximum fine of $250,000, and a term of supervised release not to exceed three years. The maximum possible penalty for a false entry violation is not more than five years imprisonment, a maximum fine of $250,000, and a term of supervised release not to exceed three years.
The Court may also order the defendant to pay restitution to the health care benefit program.
The case was investigated by the Health and Human Services Office of Inspector General and the North Carolina Attorney General's Medicaid Investigations Unit and prosecuted by Assistant United States Attorney Robert Hamilton.
So why are there no Medicaid dental mills in Florida?
Florida ranks near the bottom in access to dental care. So why are the dental mills staying away; other than the denture places like Aspen? I’d like to hear your thoughts on why Florida is spared.
cckaddie@yahoo.com or post in the comment section.
5TH Circuit Court of Appeal Declares Florida Medicaid Fraud Statute 409.920(2) (A) Unconstitutional
from South Florida Health Care NewsThis case deals with two very important subjects: The ability of Healthcare providers to market using practice management companies as well as reaffirming the principle in Florida that one cannot be criminally liable for filing a false claim by accident , error or negligence
Facts
In 2001, two Miami dentists contracted with a dental management company to open a dental office in Orlando Florida. The management company agreed to provide a turn-key dental facility. In addition, the dental management company would manage the business and marketing aspects of the practice including marketing the dental practice to Medicaid eligible recipients. In return the management company is paid between 42% and 43% of the compensation received by the dentists for their services.
In 2003, the state filed a 130 count information against appellees Sonia Guzman and Ana Maria Mendez and three co-defendants John Rubio, Ileana Martin-Fernandez and Gustavo Fernandez. Counts I and 2 charged all defendants with racketeering and conspiracy to commit racketeering in violation of section 895.03, Florida Statutes. Counts 3 — 55 charged various defendants with Medicaid provider fraud in violation of section 409.920(2) (a), Florida Statutes. Counts 56 — 129 charged various defendants with patient brokering by engaging in a split-fee arrangement in violation of section 817.505, Florida Statutes. Count 130 charged all defendants with violating the White Collar Crime Victim Protection Act, section 775.0844, Florida Statutes.
Thursday, November 03, 2011
Assess, Communicate, Decide; guidelines impossible for dentists working for corporate dental mills
The American College of Dentists (ACD) produces a card for the wallet that contains on one side the Core Values, which guide the ethical behavior of Fellows of the ACD, and on the reverse a list of questions called the ACD Test for Ethical Decisions, following the ACD acronym.
Assess
Is it true?
Is it accurate?
Is it fair?
Is it quality?
Is it legal?
Communicate
Have you listened?
Have you informed the patient?
Have you explained outcomes?
Have you presented alternatives?
Decide
Is now the best time?
Is it within your ability?
Is it in the best interest of the patient?
Is it what you would want for yourself?
This is a simplified but excellent reminder.
Wednesday, November 02, 2011
Tuesday, November 01, 2011
Just Saying…
per·ju·ry [pur-juh-ree]
noun, plural -ries.
to lie like a dog; the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry
- Elements:
- Oath - person must be under oath during his testimony;
- Intent - you lied and you knew you were lying like a dog;
- Falsity - must have made told or more lying statements, and;
- Materiality – the lie could or would influence the legal proceeding
Section 1621 and 1623 of Title XVIII of the United States Criminal Code sections 1621 and 1623 deal with the crime of perjury.
Title XVIII of the US Criminal Code section 1623, makes it a Federal offense to knowingly make a false statement about a material matter while under oath before a Federal court.
State laws on perjury:
Kentucky CHAPTER 523 PERJURY AND RELATED OFFENSES
523.020 Perjury in the first degree.
(1) A person is guilty of perjury in the first degree when he makes a material false statement, which he does not believe, in any official proceeding under an oath required or authorized by law; or
(2) When he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his official functions when such person is subscribing a warrant accusing his spouse of an offense under KRS Chapter 510.
(3) Perjury in the first degree is a Class D felony.
Kentucky Class D felony- not less than 1 year nor more than 5 years per charge or in the case of perjury, per lie.
523.030 Perjury in the second degree.
(1) A person is guilty of perjury in the second degree when he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law with the intent to mislead a public servant in the performance of his official functions.
(2) Perjury in the second degree is a Class A misdemeanor.
Class A misdemeanor – 3 to 12 months in jail per charger or in this case or perjury, per lie.
523.040 False swearing.
(1) A person is guilty of false swearing when he makes a false statement which he does not believe under oath required or authorized by law.
(2) False swearing is a Class B misdemeanor.
Class B misdemeanor – usually no jail time
523.050 Inconsistent statements.
(1) When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
(2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two statements, the person may only be convicted of false swearing.
Perjury
A. Perjury is the intentional making of a false written or oral statement in or for use in a judicial proceeding, any proceeding before a board or official, wherein such board or official is authorized to take testimony, or before any committee or subcommittee of either house or any joint committee or subcommittee of both houses of the legislature. In order to constitute perjury the false statement must be made under sanction of an oath or an equivalent affirmation and must relate to matter material to the issue or question in controversy.