What a waste of 1042 words about a precious child–Amazing of how the victim remains on trail and never the Dental Boards or the dentist at fault.

On May 5, 2012 Kevin Rector of the Baltimore Sun devoted 1042 words to an article questioning the mental and emotional health of Jenny Olenick who died April 6, 2011during a sedation procedure to extract 4 3rd molars (wisdom teeth). Jenny was  17 years old. One has to wonder who actually wanted that many words devoted to this case, it certainly wasn’t Jenny’s mom, Cathy Garger. I doubt the writer was actually monitoring the civil case in the courts, so who handed over this piece to Rector? I doubt it was an idea from the bankrupt media conglomerate Tribune newspapers, which is the Chicago Tribune, Los Angeles Times, WGN TV and others. Whoever it was, should have thought more about it and made another choice. Below is the link to the article.

By Kevin Rector, krector@tribune.com May 3, 2012

Lawyers question Olenick's health prior to surgery death

I’ve spoken with Cathy and the article from Mr. Rector cut her to the core.

Thank goodness someone in Cathy’s community spoke up and thank goodness the Baltimore Sun published the “Letter to the Editor”.

Letter to the Editor:

Lawyer's assertions in dental death lawsuit 'ridiculous and insulting'

May 13, 2012 | 2:22 p.m.

My heart goes out to the family of Jenny Olenick, who by all accounts was a talented and wonderful teen. The May 5 article detailing events surrounding the filing of a malpractice suit, "Lawyers question teen's health before death," got my attention for several reasons.

To imply that pre-exiting conditions, such as stress, anxiety and heart disease would have contributed to or caused her death seem far-fetched. As reported in the article the autopsy report found "no evidence of a physical process, like cardiomyopathy having occurred," according to the state's chief medical examiner. Regarding the premise of "undisclosed medical conditions," the article states that Ms. Olenick had a medical evaluation and was "cleared" for anesthesia and surgery.

FINALLY, someone asking Church Street Health Management to “prove it”, “fork it over”, “show us from where the money comes” and more.

Bankruptcy Watchdog Protests Wind-Down Process Of Small Smiles

Katy Stech May 11, 2012 (c) 2012 Dow Jones & Company, Inc.

A federal court watchdog wants to put a hold on the $25 million sale of the operator of Small Smiles Dental Centers to a private equity firm--a deal that a bankruptcy judge has yet to approve--until the Tennessee-based chain sheds light on its post-closing moves.

U.S. Trustee Samuel Crocker, who monitors bankruptcy court pleadings for the Department of Justice, wants company executives to be clearer about the financial professional who would take over the bankruptcy estate once distressed investor Garrison Investment Group purchases its operations on May 31, according to papers filed in U.S. Bankruptcy Court in Nashville, Tenn.

I heard the the infamous Doug Brown and Kirk Huntsman might be involved before it ends. if so, Doug Brown would be involved in more Private Equity “Medicaid dental mills” and “pull every tooth in your mouth and slap in some cheap denture” operations in the world.

The Order

Upon the motion of The Official Committee of Unsecured Creditors, by and through counsel, it is ORDERED that individuals designated by Fireman’s Fund Insurance Company shall appear for examination pursuant to Fed. R. Bankr. P. 2004 on May 16, 2012 at 9:00 a.m. C.S.T. at the offices of Baker,Donelson, Bearman, Caldwell & Berkowitz, P.C., 211 Commerce Street, Suite 800,Nashville, Tennessee 37201. 

IT IS FURTHER ORDERED that individuals designated by Fireman’s Fund Insurance Company shall produce the documents as specified in Exhibit 1 to the Committee’s counsel at the above address not later than May 15, 2012 at 4:00 p.m. C.S.T.

IT IS FURTHER ORDERED that the attorney for the movant shall serve a copy of this order on the party or counsel for the party required to appear and to the U.S. Trustee.

The attendance of an entity for examination and the production of documentary evidence are compelled in the manner provided in Fed. R. Bankr. Proc. 9016 for the attendance of witnesses at a hearing or trial.
Dated: May 4, 2012

Who wants to bet they do all they can to postpone this one?!!  LOL

Appears just about anyone can motion for a Rule 2004 Examination.

Exhibit A of Exhibit 1 – List of Small Smiles Dentist Names
I’d bet a whole crap load of these 916 dentists are on Santa’s Naughty list. No wonder I was told some of the folks in the below list are spinning in their shoes and support employees are afraid some are going to have a heart attack.

 Church Street Health Management Rule 2004 Examination and Document Request - Names of 916 Dentists Doc 319-2

Manalapan Dentist's License Revoked by State Board

“Dr. Weber violated the trust of his patients, by hiding the true nature of his relationship with the credit financing companies, and through the substandard care he provided,” said Eric T. Kanefsky, Acting Director of the State Division of Consumer Affairs. “Egregious violations such as these cannot, and will not, be tolerated by our licensing boards.”

Story here

I guess this guy didn’t know about Waller, like Richard Malouf and the folks at Church Street Health Management

Illegal immigrant tied to massive Medicare fraud gets 3 years in prison

ByBrooks Egerton/Reporter
begerton@dallasnews.com | Bio

11:52 AM on Thu., May. 10, 2012 | Permalink

A Nigerian man who lied to become a U.S. citizen has been sentenced to three years in federal prison for immigration fraud and Medicare fraud.

Plano resident Okey Nwagbara, 45, is the first person to be imprisoned for crimes connected to Medistat Group Associates -- the DeSoto business run by Dr. Jacques Roy (right), who federal prosecutors say orchestrated a record-setting home health-care fraud scheme.

Nwagbara, who owned a company in Richardson called Advanced MedEquip and Supplies, cut a deal under which prosecutors recommended letting him serve his sentences for both crimes simultaneously. U.S. District Judge Sam Lindsay agreed to this in assessing punishment Monday.

The defendant had asked for an even more lenient sentence. Prosecutors objected last month, calling Nwagbara "a fraudster of the highest order" whose immigration fraud "merely laid the groundwork for his next fraud scheme: accessing Medicare and stealing as much as he could without getting caught."

When pleading guilty in January, Nwagbara admitted paying kickbacks to Roy employee Jerry C. Bullard in exchange for business.

"Upon receiving cash payments from Nwagbara, Bullard would sign 'JRoy MD' on Medistat prescription pads, durable medical equipment information forms (DIFs) and 'Certificate of Medical Necessity' for enteral nutrition products falsely indicating among other things that the beneficiary required tube feeding," according to a summary of facts signed by Bullard. He has also pleaded guilty to Medicare fraud and faces sentencing June 4.

Read the rest of the story here

The $700,000 cure for Church Street Health Management

This morning at 9:00 a hearing was to be held in Nashville Bankruptcy court whereby Church Street Health Management, LLC was asking the court to modify the final Debtors In Possession (DIP) Order and to reschedule the closing of the sale of Church Street Health Management ,LLC to CSHM, LLC. They want to set it for May 31, 2012 instead of May 30, 2012 and they want to remove a legal service agreement with King and Spalding. (lol…they are gonna miss that income!)
Church Street Health Management , LLC and CSHM, LLC are two completely different companies now, so keep that in mind from this point forward. Church Street Health Management, EEHC, LLC, FORBA NY, LLC and Small Smiles Holdings, LLC are now combined into one company, namely CSHM, LLC. At least that is what it will become when the sale closes with Garrision
In their “Assumption Notice” (Doc 301, 302, and 302 Schedule A) is listed all the contract and obligations the new buyer will assume and have possession of at closing of this Rule 363 sale. The first one filed May 1, 2012 had 14 pages of those phony Management Service Agreements with phony clinic owners and employment agreement contracts, intellectual property such as trademarks, non-compete contracts with the original founders-The DeRose-Padula family- and other miscellaneous agreement, contracts and business agreement. A new and amended Schedule A was filed the next day, May 2, 2012. Yes, there was a change, a tiny one; King and Spalding were removed as having a Legal Service Agreement with the new CSHM, LLC.
From reading the “Assumption Notice” , the new new CSHM, LLC will only “assume” a little over $700k ($707,399) (see assumptions and "cure" amounts here)of Church Street Health Management, LLC, EEHC, LLC, FORBA, NY, LLC and Small Smiles Holdings, LLC $23,607,147.40 of debt. (According to Form 1 Schedule F here-Doc 213, starting on page 51)
Suspiciously missing from the debt the new buyer would now assume is $4,911,378 listed as still being owed to several states on a March 23, 2012 report. (Here on page 51)
BTW, who were those $10,000 loans made to that were listed on the March 2012 expense report?! Who loans money when they are broke? (see here on page 6)

These things seldom work as planned. Saving $5 billion sounds good, but not if it will loose $50 billion from additional fraud. There must be an algorithm for this?

Didn’t they report in February they recovered $4 billion in fraud in 2011. That’s $4 billion that escaped from the hands of CMS, right?

FOR IMMEDIATE RELEASE
Thursday, May 10, 2012

HHS finalizes new rules to cut regulations for hospitals and health care providers, saving more than $5 billion
Changes will reduce costs and allow more focus on medical care

[Reduce costs for whom? I’ve heard this for years now, and my costs keep going up, how about yours?]

Today, Health and Human Services (HHS) Secretary Kathleen Sebelius announced significant steps to reduce unnecessary, obsolete, or burdensome regulations on American hospitals and health care providers. These steps will help achieve the key goal of President Obama’s regulatory reform initiative to reduce unnecessary burdens on business and save nearly $1.1 billion across the health care system in the first year and more than $5 billion over five years.

“We are cutting red tape and improving health care for all Americans,” said Secretary Sebelius. “Now it will be easier for health care providers to do their jobs and deliver quality care.”

The new rules are being issued today by the Centers for Medicare & Medicaid Services (CMS). The first rule revises the Medicare Conditions of Participation (CoPs) for hospitals and critical access hospitals (CAHs). CMS estimates that annual savings to hospitals and CAHs will be approximately $940 million per year.

The second, the Medicare Regulatory Reform rule, will produce savings of $200 million in the first year by promoting efficiency. This rule eliminates duplicative, overlapping, and outdated regulatory requirements for health care providers.

“These changes cut burdensome red tape for hospitals and providers and give them the flexibility they need to improve patient care while lowering costs,” said CMS Acting Administrator Marilyn Tavenner. “These final rules incorporate input from hospitals, other health care providers, accreditation organizations, patient advocates, professional organizations, members of Congress, and a host of others who are working to improve patient care.”

Among other changes, the final rules will:

Increase flexibility for hospitals by allowing one governing body to oversee multiple hospitals in a single health system;

Let CAHs partner with other providers so they can be more efficient and ensure the safe and timely delivery of care to their patients;

Require that all eligible candidates, including advanced practice registered nurses and physician assistants, be reviewed by medical staff for potential appointment to the hospital medical staff and then be granted all of the privileges, rights, and responsibilities accorded to appointed medical staff members; and

Eliminate obsolete regulations, including outmoded infection control instructions for ambulatory surgical centers; outdated Medicaid qualification standards for physical and occupational therapists; and duplicative requirements for governing bodies of organ procurement organizations.

To view the final rules, please visit www.ofr.gov/inspection.aspx.

AUA Private Equity Partners LLC and Topspin Partners co-investing into Brighter Dental Care; Owner-operators of clinics are brothers Todd and Scott Singer.

Have these folks not been paying attention to Church Street Health Mangement-Arcapita-CIT-American Capital-Small Smiles deal?  What about Valor Investment Partners, and Richard Malouf in Texas?!!

In coming days they will swear up and down they don’t own anything, they just give our money to folks who say have Management Service Agreements with clinics. AUA Private Equity and Topspin Parnters, you better have attorney’s look over this more carefully.

Hint: Don’t use Waller Lansden… Not until you need a sweet deal  the the DOJ, then they are your guys. Just saying… Todd and Scott, this is to you, take the money and run..fast as you can! I bet I know what you did, but do they?
AUA Private Equity Partners LLC, New York-based private equity firm, introduced the Topspin team to the deal and co-invested. The owner-operators of the company, brothers Todd and Scott Singer, retained large equity stakes in the company.
 

From the folks at PE Hub:
Topspin Partners LBO, a lower mid-market buyout shop, has made a substantial investment in Brighter Dental Care, a chain of dental practices in New Jersey, Buyouts reported earlier, citing firm Managing Director Leigh Randall .
The company’s seven practices perform general dental, periodontic, orthodontic, endodontic and oral surgery procedures, and employs a business model in which the patient spends more time with the dentist early on than is customary at a typical practice in order to plan long-term care, Randall said. The company’s enterprise value is between $10 million and $50 million, he said.

“It’s very much a ‘Let’s see what the state of your oral is,’” Randall said. “It’s not just about a getting a dental cleaning.”

Roslyn Heights, N.Y.-based Topspin typically invests $5 million to $10 million of equity in its deals, and is about 60 percent invested in its debut buyout fund, a $132 million vehicle it raised in 2007.

AUA Private Equity Partners LLC, another New York-based private equity firm, introduced the Topspin team to the deal and co-invested. The owner-operators of the company, brothers Todd and Scott Singer, retained large equity stakes in the company.
Beyond the company’s business model, Topspin was drawn to some trends favoring the dental practice industry. Estimated expenditures for dental care grew at a compound annual rate of approximately 7 percent from 1998 to 2008, and are expected to grow at a rate of approximately 6 percent over the following decade and reach $180 billion by 2019, according to the Centers for Medicare & Medicaid Services.

Why is no one putting executive officers and other key personnel from the corporate dental chains in jail? Thousands of dentists pushed by corporate executives do this hundreds of thousands times a day, and not a damn soul seems to care. So why this guy?

Dentist performed thousands of dollars worth of unneeded procedures, state alleges

By Sara Seyydin Journal Staff Writer

A Loomis State Enforcement Chief was part of a recent investigation into a Sacramento dentist whose license was suspend recently for allegedly performing procedures people didn't need on healthy teeth.

Local officials in the dental field say there are steps consumers can take to protect themselves from being victims of dental fraud.

Loomis resident Kim Trefry, enforcement chief for the Dental Board of California, said the agency received reports that Dr. David Lewis was performing thousands of dollars of complex work on patients that didn't need it.

In October he was served with a search warrant and evidence was collected from his office. Files revealed that many of his targeted patients were UPS employees because their plan covers 100 percent of dental work, with no co-pay and no cap, she said.

"We received information that he basically was doing work on sound and healthy teeth to create what would appear to be cavities in the mouth and then billing an insurance company to make repairs he had just created," Trefry said.

An insurance company and former employee alerted the board she said.
In 2006, he billed an insurance company $150,000, only to bill them $829,000 in 2010 for many procedures people did not need, she said.

Trefry said while this type of fraud is not common and Lewis has closed his practice and been placed on suspension until his hearing, there are things local patients can do to prevent this from happening to them.

Aside from ensuring a dentist has a current license and no record discipline against them, patients should ask questions she said.
"If something doesn't sound right, you ask questions; get a second opinion," Trefry said.

She said depending on the dental school someone went to they may have different opinions about how to treat something, but patients should always know what they are seeking out of any treatment they undergo.

She also advises consumers to be aware of what their insurance plan covers and what they may have to pay for out of pocket. For Auburn-area residents who may have been patients of Lewis, Trefry said they could take action in a civil case or file a complaint with the board. So many complaints have already been filed she said it may not change the outcome of the case at this point.

Cathy Murchison, dental administrator for Chapa-De Indian Health Program in Auburn, Woodland and Grass Valley, said she would start by talking to friends and family for reputable dentist recommendations and discuss each procedure before it is completed.

"That they involve you in the decision, explain it to you so you understand and also offer you options," Murchison said. "Not only just options, but the pros and the cons to either doing it or not doing it, so you are prepared."
Murchison said their may be some cases where patients would do well to get a second opinion.

"If they are going to diagnose anything that is very expensive, it is always good to get a second opinion," Murchison said. "At least that would put your mind at ease if two doctors recommend the same treatment."

No Bids

No bids for Church Street Health Management.

If same holds true for All Smiles in Texas, Michal DeRose and family of Small Smiles along with Richard Malouf and cast of All Smiles, are laughing all the way to the bank and the Private Equity firms who were mislead by counsel are crying in their beer.

Disgraced Texas “All Smiles Dental Centers” & Dr. Adrian Martin Codel

Has anyone wondered who Valor Investment’s front man dentist happens to be, since Malouf no longer owned more than 50% of the centers, Valor needed a pretend owner to be on the various PLLC documents.

The “pretend” owner is Dr. Adrian Martin Codel, of Chicago, Illinois, Valor’s headquarters.

Adrian Martin Codel
All Smiles Dental – Texas
AC Dental – Chicago

---

Dr. Adrian Codel

After graduating from Northwestern University Dental School's last graduating class in 2001, I went on to complete a General Practice Residency at the Illinois Masonic Medical Center.

This hospital based dental experience included training in IV sedation and Special Needs patient care in a clinical and O.R. setting. The public health component involved providing dental care on a mobile dental unit.

I enjoyed this aspect of dentistry so much, I stayed on as an attending dentist primarily on the mobile unit. Specifically, providing free urgent care to the homeless Chicago population Friday nights. In addition, I was an associate dentist for a pediatric dentist my first 3 years after receiving my GPR certificate.

In 2005, I purchased an existing dental practice and have been a solo practitioner in this urban community based practice since then.

In October 2010, I was approached by a colleague interested in making an equity investment in the largest provider of dentistry in the state of Texas. I agreed to consult him in this purchase and am currently the president/owner of All Smiles Dental Centers which oversees 38 clinics and 5 mobile units providing dental care to the undeserved population in Dallas and surrounding areas.
http://www.sharecare.com/user/dr-adrian-codel/bio

---

Now, unless Dr. Adrian Martin Codel is a complete imbecile, he knew he was breaking all kinds of Dental Practice Acts by doing this. I’ll give him kudos though; he at least admits he was approached to help with an “Equity Investment”.

I think he might have been approached before October 2010, his Texas dental license was issued in September 2010.

Now he’s linked up with the most outrageous, flamboyant criminal dental enterprise since Michael A., Eddie and Dan DeRose and their FORBA a/k/a Small Smiles. 

Hmm…All Smiles, Small Smiles, …. I’m thinking a nice jingle is in order!

Dr. Adrian M. Codel
Illinois Lic info:
Number-019025709
Status-Active
Date Issued-10/29/2001

Texas Lic info:
Number – 0025986
All Smiles Dental Ctr –Abrams
6780 Abrams Rd. #207
Dallas, Texas 75231
312-217-9630Status - Active
Date Issued –09-14-2010
Disciplinary Actions- No
Permits – Nitrous-issued 10-12-2010