Malpractice suit filed against Texas dentists, M. Jerome Holmes, DDS

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

 

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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.

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If anyone gets a copy of the complaint, I’d appreciate a copy.  cckaddie@yahoo.com

Thanks

Hole in Texas Dentists for Medicaid Reform Press Release

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.)

Oh where, oh where has Small Smiles gone, oh where, oh where can it be…

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”. 

Dental health reform on the horizon for New Mexico

John Schmidt | Staff Writer | 0 comments

A bill that could potentially improve New Mexico’s bleak dental health issues if approved will be reviewed on Feb. 23.

New Mexico currently ranks 49th in the United States when it comes to the number of dentists per 1,000 residents ratio. The Dental Therapist-Hygienist bill that could help change this poor position has been unanimously passed by the House Health, Government and Indian Affairs Committee and will go to the House Business and Industry Committee this Saturday, Feb. 23.

“We believe that everyone should be able to get quality, affordable dental care in their own communities,” said Barbara Webber, executive director for Health Action New Mexico.

Kids Care Dental–Sacramento, CA Now Private Equity Owned

CNN Money is reporting Sterling Partners has invested in Kids Care Dental Group located in California.

The listed owner of Kids Care Dental is CDC Dental Management Co., LLC – Aaron P. Reeves,DDS president.

 Sterling Partner Team

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Sterling Partners has invested an undisclosed amount of private equity into Kids Care Dental Group, a pediatric dental care practice with six office locations in the Sacramento, Calif. area. www.kidscaredentalgroup.com

Systemic breakdown attributes to massive fraud

I’m not sure where the breakdown is, but there is no doubt a breakdown; a big one!  Either agencies are failing to report, or the OIG is failing to add criminals to their list. Which ever the case, the free flow of tax dollars from your pocket to fraudsters bank accounts goes unchecked.

In checking to see if Dr. Robin Lockwood is at least excluded from defrauding taxpayers from any more money for her employer, Ocean Dental, I find she still has access to our tax dollars; she’s not on the governments List of Excluded Individuals and Entities (LEIE). 

According to the OIG, if a criminal conviction is related to – Fraud, Obstruction of an investigation or misdemeanor conviction relating to controlled substances and should be reported as soon as the defendant is sentenced - even if appealed - there is supposed to be a “Mandatory Exclusion”. Maybe mandatory means something difference in government-speak.

Mandatory exclusions: OIG is required by law to exclude from participation in all Federal health care programs individuals and entities convicted of the following types of criminal offenses: Medicare or Medicaid fraud, as well as any other offenses related to the delivery of items or services under Medicare, Medicaid, SCHIP, or other State health care programs; patient abuse or neglect; felony convictions for other health care-related fraud, theft, or other financial misconduct; and felony convictions relating to unlawful manufacture, distribution, prescription, or dispensing of controlled substances.

The sources who are supposed to report to the OIG are the USAO’s, MFCU’s (Medicaid Fraud Control Units), Local Prosecutors, State Medicaid Agencies and Licensing boards and should include the judgment, plea agreement, final actions, indictment information, investigative report or narrative, aggravating factors, mitigating factors, and a cover letter with a brief summary.

There are numerous acts under which the government should stop the massive fraud, one being under the Social Security Act 1128(b)(4), where Michael DeRose, DDS and William Mueller, DDS the founders of Small Smiles Dental Centers are listed.

Senate Panel Backs Bill That Targets Medicaid Fraud

The Senate Health and Human Services Committee gave its endorsement Tuesday to legislation that tackles Medicaid fraud and could save the state millions of dollars.

Senate Bill 8 will “reduce the epidemic levels of fraud waste and abuse that are plaguing our health and human services,” said Sen. Jane Nelson, R-Flower Mound, the author of the bill and chairwoman of the Senate health committee. She added that “no amount of fraud is tolerable, but given our recent budget challenges it is inexcusable” that the Office of Inspector General has identified more than $6 billion in fraud from 2004 to 2011 tied to Medicaid, the state health program for poor residents.

The legislation will now go to the full Senate.

The committee approved a substitute of the original bill. The approved measure would set up a data analysis team within the Texas Health and Human Services Commission to detect trends in Medicaid claims and take a proactive approach to identifying potential fraud; ensure providers found guilty of Medicaid fraud in Texas or other states would be barred from participating in the state’s program; strengthen prohibitions against directly soliciting Medicaid patients for treatments; and reduce transportation fraud by adding medical transportation services to managed care and setting up a relationship between the Texas Department of Transportation and the Health and Human Services Commission to verify the eligibility of a Medicaid patient for transportation services.

Dr. Kristie Ayn Liebau-Grassi receives 4 month in federal prison, 8 months of house arrest and 3 years of supervised release

February 14, 2013

How many more mommy’s are going to go to the slammer before they stop participating in the fraud at dental clinics across the country.

GoEarie.com is reporting Dr. Kristi Ayn Liebau-Grassi is going to be spending 4 months in federal prison, 8 months of house arrest then 3 years of supervised release. She admitted guilt to defrauding Medicaid out of $289,000 between 2008 and 2011. 

After the Medicaid fraud in Pennsylvania, suspiciously, Kristi moved her family to Texas to practice dentistry. Did she hear that’s where to make the big bucks in Medicaid dental fraud? She ended up working for Pacific Dental’s Sienna Modern Dentistry in Missouri City, Texas.

I bet she would like to go back and rethink all those decisions she made back then, don’t you?  It’s not just the fine, the restitution, the prison time, etc., it’s the pain and stress of her entire family which will continue well past the time her supervision ends, something in 2017.

Counting the 3 years of waiting for the Feds to come knocking, it will be a total of 7 years by the time this is tragedy can even begin to heal. Her children’s lives where thrown away, for $289,000!  

What a shame Kristi didn’t think about her children, all under 7 years old including a 2 year old who has a serious heart problem, BEFORE, she decided Medicaid fraud was the path to wealth.

It’s ironic she tried to use the needs of her own children to stay out of prison, when screwing over other people’s children sent her there. 

 

 

Dentist gets 4 months in prison, plus house arrest, for fraud in Erie

By ED PALATTELLA, Erie Times-News
ed.palattella@timesnews.com

A 40-year-old dentist who defrauded Medicaid while treating children in the Erie area asked a judge to consider her own children at her sentencing.

The judge took Kristi Ayn Liebau-Grassi's concerns into account on Wednesday as he ordered her incarcerated for four months, followed by eight months of house arrest.

Liebau-Grassi, a married mother of five children who now lives near Houston, faced a recommended sentence of a year to 18 months in prison under the federal sentencing guidelines.

What does Scientology and Muslim Extremist have in common? It appears the answer is Texas Medicaid $ and Juan Villarreal, DDS

Texas Dentists for Medicaid Reform (TDMR) testified before the Texas Senate Finance Committee recently. The group was "singing the blues", saying all the reports of any such fraud taking place in Texas are lies. .

Despite recent reports of $1billion dollars in Medicaid monies being recovered by the Texas Attorney General’s office in the last 10 years, the group’s attorney, Greg Ewing, all but called it hogwash at the hearing.

Their press release contained the mother of all Freudian Slips and guess who was lucky enough to find it?  

The original link to their website contained in the press release read “Texas Dentists for Medicaid Fraud.” In that entire press release there were two truthful statements: the speaker was in fact Greg Ewing and their mission is Medicaid Fraud

Within three days after this blog pointed it out, the PRWeb press release had been changed.  Now there is only one honest statement, Greg Ewing’s name, and that might be in question at this point. Do they read this blog, you bet!

This group has the fingerprints of savvy political operatives all over it.  You know what I mean; call it one thing even though it’s something else.

Their name gives the illusion they are for “reform”.  I suspect in reality they are for “fraud”, as their “fraudian” slip (above) indicated.  Their actions indicate the only reform they support is for the Texas OIG or AG to disband any investigations in to Medicaid fraud.  See their January 2013 testimony in front of the Texas Senate Finance Committee.

Anyone want to take bets on whether their web presence will appear they are middle of the road, trying to fix what’s broken, etc.?  Truth is, they don’t want what’s broken fixed at all!

Texas orthodontist, Dr. Michael Goodwin to fork over $1.5 million beside fine and facing prison.

I bet Dr. Richard Malouf’s ears perked up yesterday when he heard good ole Dr. Goodwin had to fork over $1.5 million, beside a fine of $250,000 and facing up to 10 years in prison. But come to think of it, Malouf has already agreed to pay up over $1M to settle fraud charges. Hmm…

February 12, 2013

Amarillo orthodontist must forfeit $1.5M

By Jim McBride

jim.mcbride@amarillo.com

An Amarillo orthodontist must forfeit $1.56 million he fraudulently gleaned from the Texas Medicaid program by billing for dental work he never performed, an Amarillo judge has ruled.

In a preliminary order issued Monday, U.S. District Judge Mary Lou Robinson said the government presented “credible evidence” Michael David Goodwin, owner of Goodwin Orthodontics, 3629 Wolflin Ave., reaped $1.56 million in ill-
gotten gains between 2008 and 2011.

Goodwin, 63, pleaded guilty in December to one count of health care fraud. He faces up to 10 years in federal prison and a fine of up to $250,000 when he is sentenced. Under the plea, Goodwin agreed not to challenge the forfeiture.

Prosecutors allege Goodwin frequently billed for work he never performed and scheduled up to 100 patients daily. Employees and patients likened the scheme to “herding cattle,” court documents show.

A phone message Tuesday at Goodwin Orthodontics said the office was temporarily closed.