State officials allege in a lawsuit that the DentalWorks dentistry chain pressured dentists and dental workers at its North Carolina locations to give patients expensive, unnecessary treatments.
The claim is part of a lawsuit the state Board of Dental Examiners filed in Wake County Superior Court on Feb. 18. It says DentalWorks illegally owns dental practices in this state - by law, only a dentist licensed in North Carolina may own a dental practice here - and therefore is illegally practicing dentistry.
A related lawsuit was filed Feb. 18 against DentalWorks by 14 dentists with DentalWorks offices, including two dentists from Cumberland County.
The allegations in both lawsuits paint a picture of patients being taken advantage of to boost profits.
They say DentalWorks used financial incentives, protocols, internal recommendations, warnings of malpractice lawsuits and other pressures to push dentists and hygienists to make diagnoses that patients had gum disease when they did not.
The patients were given unnecessary treatments, leading to excessive billing, the Dental Board says in its lawsuit and in other documents.
The dentists' lawsuit also accuses DentalWorks of pushing them to give patients unneeded veneers and ceramic crowns in order to boost revenues.
A good example of why you can’t count on local DA’s to enforce the laws!
Bio | Email WFAA Posted on March 5, 2013 at 10:05 PM Updated today at 9:54 PM
Dallas County District Attorney Craig Watkins accepted — then returned — a 2009 campaign donation from the wife of Medicaid dentist Dr. Richard Malouf, who was under investigation at the time by Watkins' office for allegations of Medicaid fraud.
The Texas Attorney General’s Office says Watkins’ settlement of the case was a "sweetheart deal."
Dallas dentist Dr. Richard Malouf is the founder and former owner of All Smiles Dental Centers in Dallas. From 2008 through 2010, All Smiles billed the state of Texas more than $20 million for putting braces on children under Medicaid.
For the past five years, federal, state and local officials have been investigating Malouf for Medicaid fraud.
The Dallas County DA's office was one of those doing the investigating. Watkins' office received a criminal referral from the AG about Malouf.
In 2009, Malouf's wife, Leanne, wrote Craig Watkins — who was running for re-election as Dallas County DA — a $10,000 campaign donation, News 8 has learned.
Soon after, Watkins was asked to attend a meeting at the office of one of Malouf's attorneys, according to Heath Harris, the first assistant in the DA's office. News 8 wanted to talk to Watkins himself about the sequence of events. His office said he was ill and unavailable. Heath Harris spoke on behalf of Watkins.
At the meeting at the attorney's office, Heath Harris said, Watkins was introduced to Malouf.
Malouf wanted to talk to Watkins about his criminal case, Heath Harris said.
"This Malouf person is trying to talk to him about a criminal matter," Heath Harris told News 8. "It's my understanding he [Watkins] immediately shuts him down. And he leaves."
Watkins returned $10,000 to Leanne Malouf with a cashier's check in January, 2010.
March 4, 2013 The answer can be found in court documents filed during their bankruptcy proceedings over the last year. According to Affidavit of Chief Restructuring Officer of Martin McGahan, 100 were on file in February 2012. More recent documents filed by their malpractice insurance carrier states 1100 are "working” so to speak and more lawsuit likely to come.
“Since January 2010, approximately 11 lawsuits on behalf of over one hundred plaintiffs have been filed against the Company and certain of the Dental Centers, in primarily three states, Ohio, New York and Oklahoma.”
“Subsequent to the Debtors’ settlement with the DOJ and the various states, a number of lawsuits were filed throughout the country by or on behalf of the Dental Center patients against certain of the Debtors, Dental Centers and Dentists, alleging claims for damages based upon treatment received at the Dental Centers. In addition to the Patient Litigation, the Debtors contend that “at least approximately 1100 additional patients or former patients” have retained counsel to assert similar claimsagainst the Debtors, the Dental Centers and the Dentists.”
Dentists and auxiliary employee of Small Smiles Dental Centers (current or former) are not likely to be able to exhale for a very long time.
For a list of the 600 plus pleadings and filing of this case see in United States Bankruptcy Court – Middle District of Tennessee, see: Church Street Health Management Docket Report
In other Small Smiles Dental Centers news. I’m told the morning huddles continue and production numbers remain a major topic of discussion.
Texas Dentists for Medicaid Reform has all the trappings of a public interest group: The State Capitol is featured prominently on its website; the Texas star is in its logo; the word "reform" is in its title.
But TDMR, as it calls itself, acts like a private interest group.
Last month, the organization held a dinner at the Omni Southpark Hotel in Austin. TDMR's website invited the public, but the event was not public after all.
An e-mail informed News 8 we would not be allowed to attend.
Board member Dr. Juan Villareal would not disclose who the organization's donors are. "Donors can be anonymous, and a lot of them don't want their names mentioned," he told WFAA, adding that TDMR does not have members, only donors.
"We basically take donations from people who are interested in our cause," Villareal said.
So what is the cause? "Due process" is a phrase overheard in the hallway outside the dinner venue. TDMR offered News 8 an interview with a lawyer — presumably on its payroll — to explain the term "due process."
A look at the name tags outside the dinner show many of of the invited guests have had their Medicaid payments suspended under a doctrine called Credible Allegations of Fraud (CAF). Under CAF, physicians and dentists can have their Medicare or Medicaid payments withheld if the government believes they've committed fraud.
Dr. Villareal had $1.2 million in Medicaid dental payments to his clinic, Harlingen Family Dentistry, suspended under CAF. He appealed his case and won in an administrative hearing, but says he still hasn't received his money.
TDMR's board consists of Villareal, his partner, and another dentist who was charged with Medicaid fraud.
TDMR's website traces to an office labeled "SLS Worldwide Transportation" at a strip mall in Austin. The same address is also home to a website for Dr. Richard Malouf, a Dallas dentist who's being criminally investigated for fraud by the state of Texas.
And the SLS Limousine office is home to the website of Harlingen Family Dentistry, Villareal's dental office.
"TDMR is not so much about the money, as it is about denying due process" Villareal said. "That's the main concern."
"Due process" may summarize Medicaid reform for TDMR's donors.
But Dr. Morna Staffel said that doesn't speak for a Medicaid system she and many other dentists wrestle with every day.
"I don't think there is a group that's speaking out for the legitimate and the ethical dentists... either general dentists or pediatric dentists," she said.
Dr. Staffel's office regularly has to re-do work done by some of the dental chains supporting TDMR.
"Yesterday, in fact, I had to do dental treatment on three different children who'd been treated at another dental clinic during a 12-month period," Dr. Staffel told News 8. "Eighty percent of the restorations that had been placed either were improperly placed, or done incorrectly, or failing."
That work will need to be redone, she says, but getting Medicaid to pay for it is a slog.
"It's very time-consuming. It requires a great deal of my office staff time." Dr. Staffel said. "In the end, if we don't do the treatment, the child gets hurt."
She said her office often ends up doing the work for free.
Dr. Staffel wants parents — even those on Medicaid — to know they have a choice in dentists. And if they feel their children are not getting treated properly, they can go elsewhere.
So who really is Texas Dentists for Medicaid Reform? Thirty-nine dental chains have had their Medicaid payments withheld under Credible Allegations of Fraud.
As for many other Texas dentists, reform means something else.
The attorney for a dentist accused of gross negligence in treating patients said in a statement Friday that he and his client are "pleased with the progress" of an administrative hearing on the allegations this past week and that they "look forward to presenting Dr. (Robert) Tupac's side of the story" when it resumes later this year.
"We expect Dr. Tupac will be fully vindicated at the conclusion of the evidence in this matter," Jason Friedman wrote in an email.
An accusation filed by the state Attorney General's office on behalf of the Dental Board of California alleges that Tupac fitted patients with improper-sized implants, altered patient records, billed a patient for an implant he never delivered and allowed dental assistants to do work beyond the parameters of their license.
It’s complicated to liquidate a company operating illegal dental clinics. As of February 21,2013 there have been 630 various pleadings filed in the bankruptcy case of Small Smiles Dental Centers. The Docket report is dang near 70 pages. Even it is an interesting read.
If you currently work for Small Smiles Dental Centers or have EVER worked for Small Smiles Dental Centers you need to read this carefully. I realized they mass mailed a “Summary” of the Liquidation and Trust Agreement, as well as a “Ballot” but the key word is “summary”.
This junk company is an albatross that will forever more hang around the neck of every executive, every regional or sub-regional manager and every dentist who ever worked there. You will constantly be looking over your shoulder for the next 10 years or longer.
The last time I took the bar exam was… uh… NEVER, so read it and draw your own conclusions.
This the the current PROPOSED Plan of Reorganization and not approved by any means as of yet. There are objections by their malpractice carrier on file, and that’s where the dentists come into play even more I suspect.
[Now, if I found myself in the middle of a malpractice lawsuit and being represented by an attorney assigned to me by a malpractice insurance company who didn’t want to cover claims because they got hoodwinked by some slick willy system scammers, I’m not sure I’d feel that particular attorney had my best interest in mind. Think about it.]
4.17(h) Claims Against Former Affiliates. Each holder of a Class 5(a) Claim will retain any and all claims and legal rights such holder may have against any of Danny DeRose,Edward DeRose, Michael DeRose, William Mueller, or Adolph Padula. All holder of Class 5(a) Claims will be entitled to initiate and prosecute any such claim against any or all of Danny DeRose, Edward DeRose, Michael DeRose, William Mueller, or Adolph Padula without restriction in the tort system. To the extent the automatic stay in these Chapter 11 Cases or any other limitation imposed by these Chapter 11 Cases would limit any such action, such automatic stay or limitation will be lifted thirty (30) days after the Effective Date of the Plan
The American Dental Association is taking it’s cue from the Texas Medicaid dental mills, offering $100 bonus to bring in a patient member. When words like – bonus, recruit and incentive are used in dentistry, I get real nervous.
"While we're recruiting about the same number of members each year, the total number of active, licensed dentists continues to grow, translating to a decrease in the overall market share," said Dr. Bauman. "If every dentist tapped into the value ADA provides to all members, they would see the immediate impact on their practices and within their careers."
Any ADA member dentist is eligible to participate in the Member-Get-A-Member Campaign, and members will be rewarded with a $100 American Express gift card for each new, active member brought in (up to five members or $500 in American Express gift cards). Members may also decline the incentive and the ADA will contribute $100 to the ADA Foundation.
On February 21, 2013, Cheryl Rye filed a lawsuit (Cause 201310522-7-in Harris County Texas District Court against Dr. M. Jerome Holmes, DDS. Cheryl's daughter went to Dr. Jerome Holmes for a scheduled cleaning and received the standard dental abuse treatment – restraining, child abuse, mom in the waiting room hearing blood curdling screams from her daughter, bodily injury and lies to cover it all up. They staff actually told the mom all the red marks on the child was an allergic reaction!
The treatment of this little girl sounds all too familiar. Wonder if Dr. Jerome Holmes worked somewhere else prior to his own practice? As we’ve seen, there is never just one child, there are usually many children that have suffered at the hands of dentists like this.
A huge round of applause for mom suing and a special thanks to the attorney who took the case - Tami Pierce of Kingwood
Checking Dr. Jerome Holmes Texas dental license shows no disciplinary actions, which means he could have murdered 10 patients – Texas State Board of Dental Examiners are not exactly known for their pro-action to protect public health.
Dr. Holmes picture from his website, speaks volumes as to his attitude doesn’t it? Looks like a creepy marionette to me.
Dr. M. Jerome Holmes 9815 FM 1960 Rd. W. Humble, TX 77338 Phone: (281)548-3384 Fax: (281)548-7336 info@jeromeholmesdds.com
No Way to Treat a Child, Mom Tells Dentist
By CAMERON LANGFORD
HOUSTON TX - In a horrifying trip to the dentist, a little girl "screamed frantically for her mother," but the dentist kept drilling, with his staff "grabbing her legs and restraining her head," and threatening to call police when the mom tried to check on her daughter, the mother claims in court. Cheryl Rye sued Miner Jerome Holmes DDS and his dental office on behalf of her daughter, Katie in Harris County Court. Rye claims took Katie to Holmes' office for what she thought was a routine cleaning. "Plaintiff was administered nitrous oxide and the dental procedure began," the complaint states. "Plaintiff began feeling intense pain and screamed frantically for her mother. Instead of stopping the procedure or administering any additional nitrous or allowing her mother to enter the room to calm her Dr. Holmes continued to drill into the minor child's tooth. "Dr. Holmes, and his agents and/or employees, physically restrained Katie in a prison like manner by holding her down, grabbing her legs, and restraining her head in such a reckless fashion that it caused bodily injury. "Plaintiff continued to scream for her mother so loudly that her mother, Cheryl, heard her scream while she was sitting in the waiting area. Cheryl pleaded with the office staff to go and check on her daughter. "Cheryl was instructed to sit down, was refused access to her minor child and told the police would be called if she attempted to go back. "After several minutes of nerve-racking screams of pain and fear, little Katy finally emerged from the back area sobbing with large red marks on her head. "Cheryl inquired as to what happened to her daughter and why she had the injuries that were not present prior to the procedure. Dr. Holme's staff tried to cover up the negligent acts and told Cheryl that it was an 'allergic reaction.'" But Rye says she took Katie to her pediatrician, who determined that the marks "were not any type of allergic reaction, but were in fact injuries she sustained by being forcibly restrained." An emergency room physician confirmed the pediatrician's diagnosis, Rye says. She says Katie is still scared to go to the dentist, months later, and will require sedation to go to the dentist from now on. She seeks medical expenses and punitive damages for negligence, gross negligence and breach of duty.
If anyone gets a copy of the complaint, I’d appreciate a copy. cckaddie@yahoo.com
On February 7, 2013 the newly organized Texas Dentists for Medicaid Reform Fraud issued a press release stating the Texas Office of Inspector General had dropped its case against one of their poster-children, Diane Malone, DDS – co-owner along with husband, Dr. Scott Malone in M & M Orthodontics in San Antonio.
The TDMR stated the Texas HHSC-OIG had filed a motion to drop all claims against Dr. Malone, stating it was a “hopeful sign that Medicaid Fraud enforcement agency is seeing the light on due process and provider rights.”
Disgraced former Texas Representative, Tara Rios-Ybarra, DDS, an executive of the Texas Dentists for Medicaid Reform Fraud was tickled pink, saying, “We are very concerned about Medicaid provider rights. These impact the security with which providers can practice their professions and deliver effective help to Medicaid patients. Due process is a cornerstone of these rights and we are happy to see at least a harbinger of change from the OG on this issue.”
What they didn’t say in their fancy-dancy press release was HHSC-OIG had "Motioned" for the withdrawal of its nonsuit against Diane Malone, DDS – “Without Prejudice”. Meaning, OIG can bring this same action against Diane Malone at anytime in the future. No “Motion” was made to withdraw the action against M & M Orthodontics.
The OIG had alleged Dr. Diane Malone and M & M Orthodontics had failed to meet the dental standard of care in treating patients and owed the state 8.2 million of dollars – basically they were delivering “worthless services”. In addition, the Texas OIG had assessed a $6.6 million dollar fine, according to an April 2012 story by KSAT-TV. Malone’s panties were in a wad about having to fork over the $14.8 million dollars. Malone decided to fight the law – so her as well as her company – M & M Orthodontics – appealed. (The “worthless services theory” is something everyone in the Medicaid dental community should get to know well.)
February is “National Children’s Oral Health Month”. Normally Small Smiles Dental Centers lead dentists (or fake owner dentists) slither from under their rock and hit local morning TV talk shows, claiming they are having free services that very morning for a couple of hours. So far, I’ve not seen hide nor hair of them in 2013. Kool Smiles Dental centers at least announced they gave away toothbrushes this year. (Geez, I hope they weren’t those chemical-laden ones from China that leave blisters in your mouth.)
Small Smiles “free services day” were a sneaky ploy. The dentists would appear on local talk shows about 6 AM announcing they were having free services that morning; from 9AM-11AM for example. They would invite the public, telling them they needed to call for an appointment; failing to mentioning the schedule was already packed tight as sardines – as they were everyday.
It was last year about this time they were preparing documents to file bankruptcy in Nashville’s Federal Court and closing several clinics (updates on that coming soon). By June the OIG forced them to divest in at least one clinic; personally I think it was more than one, Manassas, Virginia clinic for sure. (Let’s just say, whoever took over Manassas, also took the Pueblo, Colorado clinic as well. See: Violations of Corporate Integrity Agreement Triggers Divestiture Action by HHS OIG.
“It is clear that the defendants’ actions constituted more than just malpractice.” –Judge John Cherundo, Onondaga County Superior Court
By August 2012, Small Smiles Dental Centers were taking serious hits in the malpractice cases file against them. In 2011, families of at least 75 children had filed lawsuits in New York against the Small Smiles Dental Centers. Judge John C. Cherundo denied the companies request to dismiss the cases saying,“This intentional misconduct was part of the of the alleged scheme to generate revenue as quickly as possible”.
