Xerox's Original Answer to Texas Complaint
Texas v. ACS Xerox - Xerox's Original Answer to Pleas in Intervention
Link to other Pleading in the case, including the original Complaint
Tuesday, July 22, 2014
Monday, July 14, 2014
No Action taken against “Creepy” jury stalker, Attorney Scott Greenspan.
Somehow Greenspan thinks “no action” being taken translates to “complete exoneration”. Stop laughing!
Syracuse, NY -- A Manhattan lawyer accused of stalking an Onondaga County jury on behalf of insurance giant AIG won't face discipline by a court system panel, according to the New York Law Journal.
State Supreme Court Justice Deborah Karalunas threw out the verdict in a lawsuit against Small Smiles in November 2013 after ruling that lawyer Scott Greenspan had prejudiced the jury. The jury found no wrongdoing against the now-defunct dentistry accused of malpractice it its office on South Geddes Street.
Karalunas had described Greenspan's actions as 'creepy' and 'seedy' in her Nov. 18 decision.
But Greenspan called the decision by the court's disciplinary committee a "complete exoneration," the law journal reported. Greenspan said the accusations turned his professional career upside down. He's now looking for a new job.
Related:
'Creepy' jury stalker hired by insurance giant AIG forces retrial in Syracuse dentistry malpractice case
Friday, July 04, 2014
Small Smiles guilty of abusing children, but jury awards nothing to injured children. WHAT!
By Douglass Dowty | ddowty@syracuse.com
on July 03, 2014 at 3:35 PM, updated July 03, 2014 at 3:44 PM
Syracuse, NY -- A Syracuse dentistry is guilty of malpractice and negligence in the care of four young patients, but will not have to pay the families for injuries, a state Supreme Court jury ruled.
That means that while Small Smiles mistreated patients at its South Geddes Street clinic, the injuries did not reach the threshold for compensation, said Richard Frankel, a Texas attorney who represented the patients' families.
The split verdict sets the tone for a huge backlog of lawsuits against Small Smiles. There are 30 other children statewide -- five more in Syracuse.
Complaints against Small Smiles date from 2005 to 2009. The Syracuse office closed in 2012 after the owner filed for bankruptcy.
Before the jury verdict, state Supreme Court Justice Deborah Karalunas ruled that Small Smiles violated state law as a dentistry by being owned by a corporation and not a dentist, Frankel said. …
Read Article Here
on July 03, 2014 at 3:35 PM, updated July 03, 2014 at 3:44 PM
Syracuse, NY -- A Syracuse dentistry is guilty of malpractice and negligence in the care of four young patients, but will not have to pay the families for injuries, a state Supreme Court jury ruled.
That means that while Small Smiles mistreated patients at its South Geddes Street clinic, the injuries did not reach the threshold for compensation, said Richard Frankel, a Texas attorney who represented the patients' families.
The split verdict sets the tone for a huge backlog of lawsuits against Small Smiles. There are 30 other children statewide -- five more in Syracuse.
Complaints against Small Smiles date from 2005 to 2009. The Syracuse office closed in 2012 after the owner filed for bankruptcy.
Before the jury verdict, state Supreme Court Justice Deborah Karalunas ruled that Small Smiles violated state law as a dentistry by being owned by a corporation and not a dentist, Frankel said. …
Read Article Here
Monday, June 09, 2014
Settlement reached between “owner dentist” Jodi Kuhn and CSHM/Small Smiles Dental Centers
What that settlement is remains unknown. Here is the latest entry on the court docket, dated June 3, 2014.
ORDER: The court has been notified that this case has settled. It is hereby ORDERED that a stipulation of dismissal or other settlement document shall be filed within thirty (30) days of the entry of this Order.
The preliminary injunction hearing set for June 5, 2014, and the initial case management conference set for June 6, 2011, are CANCELLED.
Sunday, June 08, 2014
Revisiting 2009 MassHealth Independent Audit Report
Revisiting 2009 MassHealth Independent Audit Report; not much has changed.
- Audit report for period July 2005 – May 2009
- Dental Program claims processing system has resulted in millions of dollars in ineligible claims and potential fraudulent claims being paid.
- Only 15.7% of radiograph claims met requirements.
- 84.3% of radiographs (x-rays) by 10 providers (3 Small Smiles and 3 Kool Smiles) failed to meet requirements
- Radiographs (X-rays) claims paid to 3 Small Smiles clinics and 3 Kool Smiles clinics totaling $3,09,172 were unallowable.
- DentaQuest (f/k/a Doral Dental) Senior Dental Director stated providers “treat to the benefits allowed and not member’s need)
- 3 Kool Smiles and 3 Small Smiles clinics routinely gave members bitewing radiographs contrary to FDA recommendations.
- Small Smiles said in 2009 they implemented a new dental protocol that included the 2004 FDA recommendations.
- DentaQuest contract required them to identify standards of care based on published recommendation of nationally recognized authorities such as the AAPD.
- DentaQuest contract required it to monitor providers’ compliance with the AAPD guidelines.
- MassHealth failure to adequately control orthodontic services resulting in $321,553 overpayment to just one provider.
- DentaQuest failure to adequately monitor claims was widespread.
- Many cases of double billing and double payments
Saturday, June 07, 2014
Remember Allcare Dental?
With corporate dentistry taking over the world, it’s good to remember Allcare who closed it’s doors overnight in January 2011 leaving patients without care or recourse, and dental boards scratching their..uh.…heads.
A class action lawsuit was filed and just like the Allcare’s doors, patients were left lock-jawed.
Allcare Dental Class Action Lawsuit
The Allcare companies filed for bankruptcy in the Western District of New York (Buffalo), Bankruptcy Petition #: 1-11-13848-CLB. Those proceedings terminated in 2013 with a report of no distribution. As such, there are no available assets from these entities for unsecured creditors.
You may have individual claims. Once the class action claims are dismissed, the statute of limitations for your claims will continue to run. You should contact an individual attorney in your state if you desire individual representation. Failure to file within the applicable statute of limitations will forever bar your claims. We are not handling these claims given the no-distribution report.
Allcare patient speaks about ordeal in 2012.
http://www.abc57.com/home/top-stories/ALLCARE-DENTAL--162156285.html
Saturday, May 31, 2014
Franchise or Ponzi Dental Scheme? — Comfort Dental
In an Affidavit filed this week in the Bahr brothers (CDMO & CDET) v. Rick Kushner and Comfort Dental lawsuit reveals the abuse and threats that reign down from Kushner and other Comfort Dental executives.
Louisville, Colorado Comfort Dental subfranchisees were berated, threatened and assessed $50,000 penalty for failing to use Budget Dental Lab dba Premier Dental Lab owned by Rick Kushner—owner of Comfort Dental, Inc.—and his brother, Barry Kushner, along with Roy Martin, C. Michael Bloss, Bruce Irick and Neil Norton.
“We would order an appliance from the non-Comfort Dental lab because quality was much higher and much more reliable.”
“In some cases costs were higher when using a non-Comfort Dental lab, but we felt it necessary to serve our patients’ best interest.”
“Comfort Dental assessed a $50,000b out-o-system lab referral penalty on us.”
“…after having been summoned by Rick Kushner, at a meeting at the Comfort Dental headquarters in Lakewood, CO… we (the partners of Louisville (CO) office were admonished by Rick Kushner and about the franchise violation, use of an outside lab. Immediately thereafter, Rick Kushner announced that a $50,000 fine was being imposed on our office/partnership. The entire sum due and payable in 2 weeks.”
Saturday, May 24, 2014
Florida Dentists, Dr. Miranda W. Smith-Smiles and Giggles Dentistry-Arrested Medicaid Fraud
One of Dr. Miranda Smith’s patient had perfect teeth, yet in Smith’s treatment plan she pulled every tooth and fit the patient with ill-fitting 
Other’s were children, sedated, for dental treatment they didn’t need.
Her husband blames the whole mess on “two disgruntled and racist employees”. And says, “She’s been fighting this for three years, nine employees and their families are out of work because of this”.
Christopher Torres, her attorney, says many of the charges have been disproved on an “administrative level” and believes the criminal charges won’t hold up.
Apparently the Feds think otherwise and have a 21-page affidavit to back it up with $140,000 in Medicaid fraud charges.
It’s not the disgruntled employees that concern me, it’s the ones who are happy at their job working for dentists like these.
Smiles and Giggles Dentistry for Children and Adults is located in Spring Hill, Florida.
Florida AG Press Release:
Attorney General Pam Bondi News Release
May 23, 2014
Media Contact: Jenn Meale
Phone: (850) 245-0150Attorney General Pam Bondi’s Medicaid Fraud Control Unit and the Pasco County Sheriff’s Office Arrest a Tampa Bay Dentist
TALLAHASSEE, Fla. –Attorney General Pam Bondi’s Medicaid Fraud Control Unit, with the assistance of the Pasco County Sheriff’s Office, arrested Pasco County Dentist Dr. Miranda Smith on charges of Medicaid Provider fraud.
Dr. Smith, owner of Smiles and Giggles Dentistry for Children and Adults in Pasco County, allegedly billed Florida’s Medicaid program more than $140,000 in dental services which were either unauthorized or not provided.
The Attorney General’s Medicaid Fraud Control Unit initiated its investigation of Smith and her dental practice after receiving complaints about suspicious billing from parents and patients. According to the investigation, Smith billed Medicaid for x-rays, anesthesia, and other dental procedures that were not performed. Additionally, former patients alleged that Smith’s employees provided dental care, even though these employees were not licensed dentists.
According to the investigation, at least one minor patient's parent was told her child had eight cavities and would need to be sedated to perform urgent dental work. The parent received a second opinion from a dentist with more than two decades of experience. The dentist performed her own examination and found that the child had no cavities.
Investigators also found that Dr. Smith and staff exhibited a pattern of pulling healthy teeth in an effort to sell patients dentures and make larger Medicaid claims.
Smith is being charged with two counts of Medicaid Fraud. If convicted, she could face up to 10 years in prison and up to $10,000 in fines. The Attorney General’s Office of Statewide Prosecution will prosecute this case.
The Florida Department of Health’s Board of Dentistry voted on May 16, 2014, to suspend the license of Miranda W. Smith, D.D.S., in case number 2011-12390. This suspension will become a Final Order of the board within the next few business days.
I couldn’t help but compare the two pictures above! LOL
Never mind…
Friday, May 23, 2014
Texas State Board of Dental Examiners take swift action!
For those who think the Texas State Board of Dental Examiners can’t take swift action, you are dead wrong.
Bryan, Texas creepy dentist and dental board member, Dr. William Reagan Birdwell was arrested Wednesday, May 21, 2014 after caught filming an employee changing in his office bathroom.
At lightening speed the board took harsh action by removing any mention of him on their board member page.
So there!
Birdwell was appointed by Governor Rick Perry in 2009 for a term ending in 2015. I guess his term ended early.
Wednesday May 21, 2014 TSBDE Board Members
Two days later, poof, he’s gone!
Thursday, May 15, 2014
CSHM-Small Smiles Dental v. Jodi Kuhn: Kuhn Responds to Complaint
The Hearing scheduled for May 14, 2014 to hear arguments on the Temporary Restraining Order and Injunction was rescheduled until after June 5, 2014 apparently to allow time for discovery such as a deposition of Jodi Kuhn. (see Joint Motion to Reschedule)
(Waist high boots will not be nearly high enough; so I’m thinking a full diving getup will be needed.)
May 6, 2014 Kuhn filed her Response to CSHM’s Complaint, which I thought odd. Usually at least 2 extensions are asked for before those are ever filed.
Reading the Response will make your head spin, but don’t be alarmed. It’s suppose to make the judge’s head spin, and frankly after reading the Complaint and the Response my sympathy is with any judge who finds this mess on his docket.
I find the Complaint and Response something conjured up in a witch’s cauldron. Hardly a sentence in either has the actual truth of the matter at hand. I wonder how she squares up everything in her Response with the clinics she has her name slapped all over in Ohio and Kentucky. (you will see what I mean when you read it) .
If Kuhn’s lies hold, then every clinic is up for grabs in more than just Small Smiles!
She goes into great depth about how CSHM was the one Excluded from Medicaid and not her Colorado clinics. She even attaches the Joint Report by Senators Baucus and Grassley, talking about what terrible treatment children receive at Small Smiles clinics.
Since she contends HHS-OIG has serious problems with CSHM, and not Small Smiles clinics, I wonder why the clinics, staff and treatment received at the clinics were under such scrutiny; CSHM wasn’t treating these sweet children.
Anyone think HHS-OIG had problems with the way Kuhn’s paycheck was being printed or something? Further she didn’t mind one bit to hand over every dime “her” clinics made to CSHM until the Exclusion was announced.
Frankly, I would have been pissed long before now they were taking all the money I was making straight out of my bank account. Plus, I’d be pissed they were still taking it out of my Ohio and Kentucky clinics. She doesn’t mention those clinics. Hmmm….
Related Documents:
CSHM v Jodi Kuhn Complaint, April 21, 2014
CSHM v Jodi Kuhn Response, May 6, 2014
Thornton Small Smiles Purchase Agreement, May 6, 2014
Thornton Small Smiles Stock Pledge Agreement, May 6, 2014
Joint Motion To Reschedule TRO Hearing, May 12, 2014