Menace to Society–Dr. Thomas Floyd–finally stripped of dental license, but should be UNDER a jail!

Posted: 06/12/2013

• By: Dave Gould

WEST PALM BEACH, Fla. - Former West Palm Beach children's dentist Thomas Floyd has pleaded guilty to charges that he abused a 4-year-old boy he was treating in his office. Floyd was arrested last September by the West Palm Beach Police Department.

Floyd has agreed to relinquish his dentist license in Florida and will not practice dentistry anywhere in the United States. The agreement calls for 150 hours of community service. The state also agreed not to pursue additional charges against Floyd from any other known victims from his former dental practice.

The case was investigated by the Department of Health which indicated that were numerous incidents of child abuse over the past two years.

According to the investigation released by the Department of Health, “Floyd’s behavioral control methods with his patients fall well below acceptable standards of practice in treating pediatric patients.”

A patient claimed Floyd punched a 4-year-old boy during a routine dental procedure. The child suffered swelling, abrasions, and bruises on his lips, according to West Palm Beach police.

A witness stated after the boy bit the doctor, Floyd used a drill and the palm of his hand to force a dental instrument into the child’s mouth, causing the injuries.

The Health Department received an anonymous complaint stating Floyd abused children in his office “by putting his hand over their mouths and calling them names.”

On another occasion, Floyd reportedly prevented a child from screaming by stuffing a dental bib into the child’s mouth, the Health Department report stated.

Read more: http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/thomas-floyd-plea-agreement-in-dentistry-child-abuse-case#ixzz2W92SQ8SB

Shifting Income is Shifty Business

Found this and thought it should be preserved and shared. Sounds like ole Dr. Elick tried a little DSO maneuvering.

Peter J Reilly, Contributor

Dental Management Company Did Not Do Any Managing

6/07/2013

Many accountants have a touching faith in double entry.  They think that you can move income from one related entity to another with magical journal entries.  Management fees are among the favorites.  That type of magical thinking was probably behind the unfortunate result in the recent Tax Court decision in the case of Wiley and Sharon Elick and Wiley M. Elick, DDS Inc.   Doctor Elick practiced pediatric dentistry, which can be pretty lucrative. It takes a certain flair to keep the kids happy. Doctor Elick was also involved in a center called SurgiTek.

Let’s Have An ESOP

An ESOP (employee stock ownership plan) can yield all sorts of nifty benefits, significant income deferral being among them.  We can’t tell from the case the exact benefits Dr. Elick hoped to reap from an ESOP, but there must have been something.  It is not mentioned in the case, but there was a legal problem to overcome.  Professional corporations generally can only have licensed professionals of that particular profession as shareholders.  ESOPs are neat vehicles, but you can’t teach them how to do fillings, so they can’t be shareholders in dental professional corporations.

The solution was to form a dental management company:

A professional advised Dr. Elick to establish a company to manage petitioner’s operations. A stock ownership plan benefiting petitioner’s employees would purchase the company stock from Dr. Elick. The fees generated by management services would fund the employee benefit plan.

Dr. Gary Anusavice, DDS pleads guilty in CT–Should have been jailed and key disposed of years ago.

Ex-dentist pleads guilty in $20M Medicaid scam

By DrBicuspid Staff

June 5, 2013 -- A former Rhode Island dentist who lost his license in the state and in Massachusetts over charges of Medicaid fraud has pleaded guilty to healthcare fraud and tax evasion in Connecticut in connection with a $20 million Medicaid fraud scheme.

Gary Anusavice, also known as Gary Andrews, Gary Andrus, and Gary Francis, of North Kingstown, RI, pleaded guilty June 3 before U.S. Magistrate Judge William Garfinkel in Bridgeport, CT.

According to court documents, in July 1997, Anusavice was convicted in Massachusetts state court for submitting false healthcare claims in relation to his involvement in dental clinics. He subsequently surrendered his dentistry licenses in Massachusetts and Rhode Island for five years.

After additional investigations, in 2005 Anusavice surrendered his right to practice dentistry in Rhode Island for 18 months, and the Massachusetts Board of Registration in Dentistry permanently revoked Anusavice's license to practice dentistry in Massachusetts in 2006. As of May 1998, Anusavice has been excluded from participating in Medicare and state healthcare programs, including Medicaid…

Continue reading at Dr. Bicuspid

RELATED

Dr. Gary Anusavice – Select Dental Woes May 2008 

The Secret Service is investigating a disgraced dentist and at least two of his business associates in connection with the abrupt closure of Select Dental in Howard Beach in November, the Daily News has learned.

The dental practice, known for its once-ubiquitous ads on cable TV, allegedly targeted clients without insurance and financed their dental work with medical credit cards.

Customers were apparently billed for exorbitant fees - as much as $25,000, all up front - for poor and incomplete dental work. Then the company skipped town.

Read more: http://www.nydailynews.com/new-york/queens/secret-service-probing-select-dental-article-1.326333#ixzz2VSzsQsye

Dr. Gary Anusavice – Rosewood Dental Woes October 2007

"I have no teeth back here," Harrison said. "And I'm out $12,000."  CBS 2 has obtained records showing the man apparently behind the operation had his dental license suspended and later revoked in other states.

His name is Gary Anusavice. Charges with licensing agencies in Massachusetts and Rhode Island included providing unwanted dental services, credit card fraud, bait and switch, and billing patients for services not delivered.

Vincent O'Neill, Rosewood’s district manager,  told CBS 2 that Anusavice hired him to open the clinics in Illinois saying, "He's the man, the man behind it all."

Continue reading at NowPublic.com: Dental Clinic Left Patients Toothless And In Debt | NowPublic Photo Archives http://www.nowpublic.com/health/dental-clinic-left-patients-toothless-and-debt-1#ixzz2VSzJ0kUT

“Ho” Down in Texas – James W. Orr, DDS Testifies for Antoine Dental Center

Background
Who can forget the reports by WFAA’s Bryon Harris, which spurred investigations in to orthodontic Medicaid Fraud by the State of Texas?
In the fall of 2011 and continuing today, The Texas Health and Human Services Commission (HHSC) Inspector General put Credible Allegation of Fraud (CAF) payment holds on a covey of dental clinics; some general dentistry and some orthodontic clinics.  

Deciding not to take this sitting down, a few of these highly suspect dentists decided to take it to court; appealing to the State Office of Administrative Hearings (SOAH).

Dr. Juan Villarreal, owner of Harlingen Family Dentistry, a Scientologist  and a former  member of Texas State Board of Dental Examiners (TSBDE) appealed the HHSC decision for his CAF payment hold.  In a ruling by the SOAH in October of 2012, Villarreal/Harlingen Family Dental’s payment hold was reduced from 40% to down to 4%.  The ruling for Harlingen was further upheld by an HHSC Administrative judge in January of this year (2013).  Villarreal also heads up Texas Dentists for Medicaid Fraud Reform (TDMR). 

The judge’s ruling in the Villarreal case, by the most part, was based on the testimony of one Dr. James W. Orr.  This favorable ruling no doubt was the impetus to others, like Antoine Dental Centers and M & M Orthodontics in appealing their CAF payment holds. 

One last thing, before we move on — WHAT is the HDL scoring index? Well, it is much like scoring some jurisdiction do to determine if one gets bail or not. A point for this, a point for that and if it totals up to be high enough, bam! You’re outta there. For orthodontics (braces and other appliances) children over age 12 AND have lost all their baby teeth can received services if their HDL score is 26 or higher. Like anything else there are exceptions, but this is the simple explanation.

Antoine Dental Center-Dr. Behzad Nazari
First up, for this series, is Dr. Behzad Nazari and Antoine Dental Center (ADC) vs. Texas Health and Human Services (THHSC) (SOAH docket no. 529-0997).  ADC was represented by Jose A. (Tony) Canales and Oscar X. Garcia. Robert (Bob) M. Anderton.  Many of these clinic suspected of fraud have hired dentist/attorney, Dr. Robert (Bob) Anderton, former American Dental Association president.

Dr. Behzad Nazari/Antoine Dental Center has been under a 100% (that is HUGE) CAF pay hold since March 28, 2012 totaling over $550,000.  On March 29, 2012 the Texas Attorney General’s Medicaid Control Fraud Unit (MCFU) opened an investigation into ADC. 

Dr. Li Lu Skelton Jan-May 2013 Malpractice Lawsuits

Who is the most sued dentist in Texas?  Who knows, right? But for sure, Dr. Li Skelton must rate pretty high; at least in Bexar County, Texas.

Dr. Li Skelton currently has a total 7 pending lawsuits in Bexar County Texas District Court.  Below are the cases filed in 2013 — all pending.

Date	Cause #	Issue
January 2, 2013	2013CI00047	Medical Malpractice
April 4, 2013	2013CI05704	Medical Malpractice
May 14, 2013	2013CI08156	Medical Malpractice
May 23, 2013	2013CI08796	Medical Malpractice

 

Related:

Group complains about Texas dentists

Dental Medicaid Fraud and Drug Cartels–The Connection In Texas

AUSTIN, TEXAS, May 26, 2013 - The vice chair of the homeland security committee in the Texas House says there is a direct connection between drug cartels and Medicaid fraud being perpetrated along the South Texas border region.

For this and other reasons, state Rep. Allen Fletcher said he offered an amendment to Senate Bill 8 that will allow the Office of Inspector General (OIG) to hire commissioned peace officers for their investigations into Medicaid fraud. Senate Bill 8 is a major piece of legislation dealing with fraud, waste, and abuse in the Medicaid program.

“There is Medicaid fraud all over the state, Dallas, Houston, you name it. The cartels are in Dallas and Houston. But way along the border, and all along the border, McAllen, Brownsville, Cameron County, Hidalgo County, Starr, all those areas, there is huge cartel influence and I assure you that these individuals that are involved in setting up these bogus clinics and hiring these dentists and doctors to file these fraudulent Medicaid claims, it’s cartels,” Fletcher said.

Fletcher is one of just a few retired police officer serving in the Texas House. He investigated white collar crime for Houston Police Department for many years. Fletcher said he spoke to Jack Stick, deputy inspector general for enforcement for the Office of Inspector General Texas Health and Human Services Commission, about carrying an amendment for Stick to allow OIG to have commissioned peace officers working as investigators.

Smiles Starters Dental Centers Under Fire AGAIN!

Smile Starters, formerly known as Medicaid Dental Centers, first made the news in North Carolina in 2003.  10 years later, little that has changed, other than its name and signage.

Reporter, Diane Wilson, with the ABC affiliate in Raleigh-Durham, NC reports on continued fraudulent diagnosing practices Smile Starters Dental Centers in North Carolina.  You can contact ABC’s “Troubleshooters” at troubleshooter@abc11mail.com

Listen for the usual Medicaid dental mill “buzz” words and phrases, such as: “Corporate”,“Chief Dental Officer”, “Do Not Allow Parents Back with the Child” and “Lead Dentist”.

 

End of EyeWittness ABC Channel 11 Report

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However unlikely it is for the North Carolina Dental Board to take action, it is still extremely important a complaint is filed and on record, so to speak. To file a complaint with the North Carolina Dental Board click here.

What they couldn’t tell you in the report:

Smile Starters and the dentists who work there, are very much familiar with the North Carolina Dental Board and visa-versa.  With the new regulations in North Carolina on how dentists and management companies operate, maybe the dental board could take a look at Smile Starters and Root Dental Management and expose the truth behind the true ownership of Smile Starters Dental Centers.

Smile Starters Dental Centers have operated under Medicaid Dental Centers (MDC), North Carolina Dental Centers and Smile Starters.  As reported above, Dr. Ralph Rivera was Smile Starters Chief Dental Officer under the prior ownership of Dr. Michael A. DeRose and Dr.  Letitia L. (Tish) Ballance.  Although it would be hard to prove outside a legal setting — where documents would have to be produced — I whole heartedly believe Michael A. DeRose sill owns and controls these dental clinics. Being that Michael A. DeRose has had his license revoked and is also listed on the governments LEIE (List of Excluded Individuals and Entities) list, it would be highly illegal for him to own a dental clinic or received monies from Medicaid or Medicare, directly or indirectly.  If he maintains any ownership, it would have to be masked by a few layers of corporations, and the DeRose’s are good at that game, or at least think they are.

State Representative Lois W. Kolkhorst (R - Brenham) passed Texas House Bill 3201

Dental Medicaid Fraud in Texas Prompts New Legislation for Dental Board Reform and Patient Rights

May 3, 2013

AUSTIN, TEXAS (May 3, 2013) — State Representative Lois W. Kolkhorst (R - Brenham), Chair of the Public Health Committee in the Texas House of Representatives, authored and passed House Bill 3201, a sweeping dental practice reform bill for Texas, calling for parental rights for pediatric dental patient care, additional disclosure information for dental license renewal, and new disciplinary actions by the Texas Dental Board.

“As a mother of two children, I was shocked to learn that in 2010, there were estimated to be over 15,000 Texas children who were given inappropriate dental care, including braces on baby teeth,” said Kolkhorst. “Most of these were Medicaid cases that involved dentists and dental clinics who would not allow parents to observe the dental care given to their children.” Under the bill’s reforms, Texas parents and legal guardians would be given the right to observe most dental services being provided to their children.

Kolkhorst also said her legislation is aimed at cracking down on the millions of dollars in dental and orthodontic Medicaid fraud recently uncovered by both WFAA-TV investigative news reports (in North Texas) and the Texas Attorney General’s office.

Interview of American Academy of Pediatric Dentistry President, Dr. Joel Berg by Dr. Michael W. Davis

Bios of Dr. Joel Berg and Dr. Michael Davis.

Dr. Joel Berg is current president of the American Academy of Pediatric Dentistry and named dean of the University of Washington’s School of Dentistry in 2012. He was previously an executive at Philips Oral Healthcare and 3M’s ESPE Dental. Dr. Berg is an inventor and has authored numerous articles and manuscripts. He is also co-editor of the textbook on early childhood oral health. His latest invention is the Pediatric Bur Block for DVI.

He is a fellow of the American College of Dentists and International College of Dentists, as well as a board director of the American Academy of Esthetic Dentistry. In 2011, he was named the Washington Dental Service Foundation Distinguished Professor for Dentistry.

Dr. Michael W. Davis has achieved national recognition as an expert dental lecturer and author. His current private practice, SMILES OF SANTA FE, has successfully helped hundreds of patients achieve and maintain spectacular smiles and optimal oral health since 2003.  Dr. Davis holds membership in the Academy of General Dentistry, the American Dental Association, and the New Mexico Dental Association. His presentations include speaking for the American Academy of Cosmetic Dentistry, Association of Cosmetic Practices, Cruise and Learn Alaska Seminar, and the International AACD in San Antonio. As an author, Dr. Davis' articles have appeared in many respected publications, including Dental Economics, Dentistry Today, Journal of Cosmetic Dentistry, and Journal of the American Dental Association. He also serves on the editorial review board for the Journal of Cosmetic Dentistry.

Interview of American Academy of Pediatric Dentistry President, Dr. Joel Berg

Dr. Davis: We continue to see a disturbing degree of misrepresentations in dental marketing and advertising, in which general dentists attempt to represent themselves as specialists. Sometimes, this is seen with individual practitioners, and sometimes we see these misrepresentations from larger interstate dental providers. We can’t expect the public to have our degree of sophistication and professional knowledge, to read fact from fiction. How can the public best be protected from these unprofessional charlatans?

Dr. Berg: A big part of the answer is for state dental boards to enforce the laws and regulations that are currently on the books concerning the criteria for specialty advertising (namely, that a dentist cannot state or imply specialization absent appropriate training in one of the nine recognized dental specialties). The AAPD provides guidance on advertising to our affiliate (general dentist) members and we have also shared this with state dental boards. We applaud those general dentists who take care of children and do so in accordance with AAPD’s clinical guidelines. For purposes of advertising, the AAPD believes the following terms are acceptable by a general dentist: Family Dentistry, General Dentistry for Children or General Dentistry for Children and Families. However, the AAPD believes the following phrases are confusing to the public and contrary to the membership obligations of the Affiliate category: Child Dentistry, Children’s Dentistry, Dentistry for Children, Dentistry for Kids or Pediatric Dentistry. Affiliate members using such terms are subject to disciplinary action by the AAPD. We are aware that some corporate chains have names that are misleading, and we believe that state dental boards should appropriately regulate such advertising.

Next week on DTM – Dr. Joel Berg

Next week, Dentist The Menace, will publish an exclusive interview of Dr. Joel Berg, current president of the AAPD. He will face tough questions relating to mobile dentistry, problems facing recent dental grads, ethical issues of corporate third parties intrusion into the doctor/patient relationship, & the concept of a "Dental Home" for our nation's children.