Mobile: Jury deadlocked in trial of Lansing-area dentist | The Republic

Mobile: Jury deadlocked in trial of Lansing-area dentist | The Republic

Top Ten Nation: Top 10: Best Ways To Avoid Litigation In Dentistry

Here is what was suggested over at TopTenNation.com.  I say these are probably NOT the top ten!!!

Top Ten Nation: Top 10: Best Ways To Avoid Litigation In Dentistry

Practicing dentists always dread a few aspects of their careers and being sued by an angry patient, or even having a complaint filed against you can ruin not only your day but destroy your happiness for months on end. Top Ten Nation believes being prudent starts in dental school. Develop good habits in dental school and continue throughout your practicing life. So what habits or tricks should you know early on? Read on and find out!
This article is not written by an attorney and this article does not in any way shape or form replace advice by an attorney. Always consult your attorney first and foremost when it comes to litigation or protection from litigation.

Top 10 Things To Know To Avoid Getting Sued As A Dentist

1. Have knowledge about who is most likely to sue or complain
Having a complaint filed against you to your state, territorial, or provincial dental board can mean missing valuable productive days as a dentist. So who complains the most when you’re practicing? You’d imagine at first it might be your irate patients. Think again! Most complaints to dental boards that dentists encounter are actually filed against them by their own employees! Employees can complain against their dentist employers for multiple reasons, but most reasons generally involve instances where employees are made to do something they believe is wrong in the first place. Forcing your employees to cut corners, jeopardize sterilization standards, or even perform tasks that demean or embarrass them can lead to complaints. Treat your employees like family and avoid litigation, treat them like subordinates and expect litigation!
2. Documentation
Quality records and chart entries reflect quality patient care, especially in the minds of tribunals/jurors. We all know this. Additional things to keep in mind in this regard:
- Make the chart entry as soon as possible after the patient’s visit
- Sign or initial the entry to clearly identify who made the entry
- Make the entry clear, concise and complete
- Do not note fees in the clinical record
- Do not make negative remarks about the patient

 

ADA, AGD, AAPD, ASDA, ACP, AAE and American Association of Dental Boards… all same Chicago address….hmmm

American Dental Association

Academy of General Dentistry

American Academy of Pediatric Dentistry

American Student Dental Association

American College of Prosthodontists

American Association of Endodontists

and…drum roll please…..

The American Association of Dental Boards

I’m sure there are more….but these “associations” are all located in the same building in Chicago, IL.

211 E. Chicago Avenue
Chicago, IL 60611

DR. CHRISTOPHER JON FREYERMUTH D.M.D–Smile Center, Plymouth MA billed for services he’s not qualified to perform–Othodontics

Mass. dentist accused of $250K in Medicare fraud

By DrBicuspid Staff

Dr. Bicuspid story here

December 12, 2011 -- SmileCenter, a dental office in Plymouth, MA, received at least $253,519 in unallowable reimbursements from MassHealth, the state's Medicaid program, according to the state auditor's office.

Most of the billing was for orthodontic services performed by a dentist who did not possess the required accreditation, State Auditor Suzanne Bump stated in a press release.

According to MassHealth regulations, dentists who practice orthodontics must complete a minimum of two years of training in a specialized program administered by the ADA.

SmileCenter's sole dentist, who is also its sole proprietor, did not complete such a program, but still billed and received $201,509 from MassHealth for orthodontic services.

As a result of the investigation, MassHealth will terminate SmileCenter's specialty as an orthodontic practice, transfer its members for treatment to other dentists, and seek restitution, according to the state auditor.

Small Smiles – Church Street Health Management restructuring

I’m hearing there are changes happening all over the place at CSHM.  I know none of this as fact, just rumors, but interesting rumors I must say.
1. Michael Lindley – Fired
2. Al Smith – Fired
3. Todd Cruse – Promoted to replace Michael Lindley
4. Jason Owen – the South and West Regional Manager – Fired
5. Looking for yet another Compliance Officer – seems they have serious issues in this area doesn’t it.
6. Dr. Olivia Croon – Promoted to regional manager, possibly to replace non-dentist Jason Owen.  Remains “co-fake owner”of Ohio clinics.  Poor Jason, guess he will have to get out there and “eat what he kills” as well.
7. Toledo dental center, where Dr. Croon is “lead dentist” is being closed
8. Dr. Kevin Reilly – North and East regional manager promoted.
9. Dr. Marlene Navaro hired to replace Dr. Kevin Reilly as North and East regional manager.
10. Rodney Cawood – Filing state documents changing their Registered Agent in several states.  Something, Linda Zoeller usually does.  Changing from CT Corporation Systems to National Registered Agents

Dr. Edward Dove - Bakersfield Dentist gets high-profile attention

If your child was hurt, injured, over treated or mistreated by Dr. Edward Dove, Email Me for more information about this dentist.

High-profile attorney enters fray over controversial dentist
BY KELLIE SCHMITT Californian staff writer
kschmitt@bakersfield.com | Saturday, Dec 03 2011 09:00 PM

Photo details at end of article

As the California Dental Board investigates claims that a Bakersfield dentist mistreated his young patients, some families are seeking representation from a high-profile Colorado attorney.

In August, dozens of local parents formed a Facebook group alleging Dr. Edward Dove improperly cared for their children, including scratching and hitting them while they were not sufficiently numb and restrained with Velcro straps.

This week, a representative from Dove's office said the dentist had no comment, and that office staff had been instructed not to discuss the matter, either. In a previous interview, Dove, who currently has a clean disciplinary record, told The Californian that he gave excellent care and that the parents were inventing the allegations.

Attorney Jim Moriarty, who said he's ready to sign with the parents, has been involved in several national healthcare matters -- including a case against Tenet Healthcare for unnecessary heart procedures at a Redding facility. That case that resulted in a $430 million settlement for the plaintiffs and a $24 million payout to the government.

More recently, Moriarty is representing hundreds of plaintiffs in a case unrelated to Dove against Small Smiles dental centers, a chain of clinics that serves low-income families throughout the nation.  (Moriarty contract information in the right had column-Jim Moriarty)

Moriarty alleges the chain makes money "by exploiting the Medicaid system," and doing unnecessary procedures that "traumatize" children. In that case, Moriarty has investigated what he describes as routine over-treatment and extremely fast care that "can't be done without emotionally and physically traumatizing children."

Moriarty, who met with some Bakersfield parents in October, said he was drawn to the local case in part because of its extraordinary mobilization effort. Parent Chris Cook, who was angry about his son's care, created a Facebook site that ultimately attracted hundreds of fellow parents, supporters and observers. The site drew patients from both Dove's Bakersfield and Chatsworth offices, who did not know each other previously.

"What Cook and these parents have done is sheer brilliance," Moriarty said. "They've done more to shine the light on this issue than any other parents in the country."

Dentist accused of Medicaid fraud–Utica, NY

Dentist accused of Medicaid fraud, pleads not-guilty

By WKTV News

Story Created: Dec 6, 2011 EST  

UTICA, N.Y. (WKTV) - A local dentist is facing charges, accused of Medicaid fraud.

Dr. James Deyulio was doing work out of a local nursing home where the alleged fraud took place. According to the New York State Attorney General's Office, Deyulio is now charged with grand larceny.

He pleaded not-guilty to those charges in Oneida County Court on Tuesday, where the Oneida County District Attorney's Office offered him a plea deal.
Deyulio will return to Oneida County Court on January 6 to let the judge know whether he will accept or reject the plea offer.

The charges stem from work he did at a local nursing home, but authorities will not say which nursing home he was working at.

Child in braces for 9 years!–More Texas Medicaid Fraud Exposed

by BYRON HARRIS

Bio | Email

WFAA

Posted on December 6, 2011 at 10:41 PM

DALLAS - When you don't have much money, and receive medical and dental care at state expense, it's rare to complain.

Texas received only 712 complaints from Medicaid patients in the last year. But sometimes the quality of care becomes so questionable, patients speak up.
The case of a Garland girl points to some weaknesses in Medicaid Orthodontics, a program that's paid out hundreds of millions of dollars to Texas dentists in the last three years.

You can actually watch Anntornett Taylor grow up through her dental records, in the still photos taken of her when she visited her orthodontist. Medicaid paid for her first set of braces when she was 12 years old. Now she is 21. She has had braces for nine years. And they are still on.

"It would be extremely unusual for a patient to be in braces for nine years," said Dr. Larry Tadlock, Associate Clinical Professor at Baylor College of Dentistry.
That fact is lost neither on Anntornett, or her mother. Her records show her treatment was to have been completed several times in the last six years - in 2006, in 2008, and 2010. But inexplicably to the Taylors, the braces have not been removed.

"Every time they told me they'd be through in a couple of months," Antornette said. "Then a couple of months come, we'll be through in a couple of months. There's always something."

Lawyer wins braces for kids — and catches flak

 

Lawyer wins braces for kids — and catches flak

A week or two vacation to Texas would have gotten these kids braces.

Heartland Dental, ReachOut America, Dental One, and others...

I notice a lot of folks visit this blog looking for information on Heartland dental; complaints, fraud and lawsuits.  Same with this rogue Reachout Healthcare America mobile dental setup.  If you've got something you would like to share, email here.  

Thor:  

Don't go nuts, this has nothing whatsoever to do with CSHM!

IS INDIVIDUAL DENTAL COVERAGE A GOOD IDEA?

By Dr. Henry Kim D.M.D.
December 4, 2011

Your friends that work for big business have dental plans. You hear them talk about it paying for so much of their dental needs: crowns to make their front teeth pretty, and braces for their kids. You are self-employed, or work for a small family-owned business. It’s only natural to want the same great deal your friends have. Then you see a poster on a telephone pole, advertising a great family dental plan. It will cost only $20 a month, but supposedly save you 30, 40 or even 50 percent on the cost of dentistry. Should you bite?

First, it is interesting to note that dental “insurance” (a misnomer if there ever was one) was not invented as a cost-efficient way to make dental care more affordable. It was an animal birthed by labor unions in the late 1950s. They correctly saw that high progressive tax rates of the era would wipe out a lot of any wage increases they negotiated. So instead, they pushed for dental insurance, which let them shield wages from taxes.So corporate dental plans were really a clumsy and inefficient idea that were not well conceived. At least 30%, and sometimes up to 50%, of dental premium dollars is eaten up by claims administration. Not a good deal at all!

Once instituted, dental insurance became a sought-after employee benefit in the non-union sector as well. It offered the same tax-shielding benefits for non-union employees. Unfortunately, no one ever examined the efficiency or wisdom of the convoluted claims administration process employed by dental “insurance” carriers.

Blogging dentist unloads her real feelings. Maybe she picked the wrong profession.

This 36 year old dentist’s name is Lora, she is a dentist in…drum roll please…. Colorado!

← The Big Reveal

10 Reasons Your Dentist Probably Hates You Too

Posted on November 28, 2011 by lolabees

Now that I’ve left my career and cut some dead weight out of my life, I feel ready to look back and have a laugh– or just finally be able openly bitch about it.  So here’s my confession: I am a dentist who really didn’t love the dentist either being a dentist.  A few months ago I came across a funny post titled, “10 Reasons I Hate The Dentist.“  It appeared right when I was in the thick of my career transition.  It inspired me to write this, so, RedHead Chronicles, thank you for the inspiration.

10 Reasons Your Dentist Probably Hates You Too

1.  The first thing you say when you sit down in my chair is, “I hate the dentist.”  Really?!?  Did your parents teach you any manners?  Did they ever teach you that it is impolite to tell someone you hate them the moment you greet them?  What I really want to say back is, “aww, I hate you too.”

2.  You come to your appointment, and it’s obvious you haven’t brushed your teeth in days.  I’ve had some people with great hygiene come in and apologize because they’ve just eaten lunch and couldn’t brush.  This is not what I’m talking about.  I mean food and thick plaque everywhere.  After 10 years of seeing blood and rotten teeth and some really nasty things, this is still the 1 thing that makes me dry heave.  You know when you come to us that we have to be in your mouth.  Would you clean your home before having company?  Additionally, I have spent hours literally bending over backwards repairing your teeth.  Could you at least pretend that you are caring for the work that I have struggled to complete for you?

Dr. Wendell A. Racetter–Multiple offender finally goes on trial

  Late update Wednesday 11-30-2011

Lansing Michigan Journal

LSJ.com  -  November 28, 2011 - Jury selection is underway in the trial of a 65-year-old dentist accused of sexually assaulting a child patient more than a decade ago.

Wendell Alan Racette, 65, of Delta Township, faces multiple counts of first- and second-degree criminal sexual conduct.

Authorities have said that the assaults happened between 1996 and 2000 at Racette's former office on East Saginaw Street in Lansing, when the former male patient, now 21, was between the ages of 5 and 10. The Lansing State Journal does not identify alleged victims of sexual crimes.

The alleged victim contacted Lansing police in December 2010 and made the accusations. Charges were filed in January of this year.

Racette was accused of sexual abuse twice in the 1990s, officials have said, but no charges were filed.

In the late-1990s, a state attorney general’s investigation found Racette performed shoddy work on four children. He was charged with misdemeanor child abuse based on allegations he harmed children's teeth, including allowing fillings to decay. Those charges eventually were dropped.

He also has been convicted of Medicaid fraud twice, dating back to the early 1980s, and had his license suspended and then revoked by the state in 2001. He sued to have it reinstated, and in 2009 was issued a limited license, state records show.

The trial is in Ingham County Circuit Court before Judge William Collette.

Update: Wednesday November 30,  2011

MASON - A 21-year-old man who says his pediatric dentist sexually assaulted him multiple times more than a decade ago gave graphic descriptions Tuesday of some of the alleged assaults.

The man described being raped on a couch in the dentist's private office on one occasion as the dentist twisted one arm behind his back and pushed his face into a cushion.

"I still remember what that couch tasted like," the alleged victim testified on the second day of the trial of Wendell Alan Racette.

The alleged victim further testified he passed out on the couch, where he had been taken to "sleep off" the effects of nitrous oxide. When he woke up, in extreme pain, he testified, Racette was getting dressed.

Racette had a warning, the man said: "He told me if I told anybody, he'd kill me and do it to my sister."

Racette, 65, of Delta Township, is charged with four counts of first-degree criminal sexual conduct involving penetration and 11 counts of second-degree criminal sexual conduct, involving touching.

Prosecutors say the assaults happened between 1996 and 2000 at Racette's former office on East Saginaw Street in Lansing, when the alleged victim was between the ages of 5 and 10. The Lansing State Journal does not identify alleged victims of sexual crimes.

The case is in Ingham County Circuit Court before Judge William Collette.

The alleged victim contacted Lansing police in December 2010 and made the accusations. Charges were filed in January.

Racette's attorney, Chris Bergstrom, began questioning the alleged victim late Tuesday afternoon. Bergstrom will continue his cross-examination when the trial continues Thursday.

In opening statements Monday, Bergstrom said testimony would show patients were never led to Racette's private office after being administered nitrous oxide.

The effects of the gas, he said, typically wear off in minutes.

He said the alleged victim's accusations were, in many cases, not physically possible.

Also Tuesday, the alleged victim testified the most terrifying moments happened in a treatment room, where he said Racette would belittle him in front of office assistants, hold him down and intentionally inflict pain when drilling.

"The more you would fight, the more painful it would be," he said.

Intentionally inflicting pain on young children was common at the practice, according to the testimony of former employee Joyce Sample-Franco. So was screaming, she said.

"I saw him drill without anaesthesia down to the nerve," she said, adding that Racette regularly yelled at the children.

Sample-Franco testified that she once asked Racette why he was doing that. He responded that it was faster, she said.

Racette - who has been convicted of Medicaid fraud twice and once was charged with misdemeanor child abuse - had his license suspended and then revoked by the state in 2001.

He sued to have it reinstated, and in 2009 was issued a limited license, state records show.

Church Street Health Management and FORBA Services new address

Well, it’s not really new, only the suite number has changed, but still…

It’s now:

Church Street Health Management – Small Smiles Dental Centers

618 Church Street
Suite 130  (used to be 520)
Nashville, TN  37219

Wonder if the top 4 floors blew off down there recently!  lol  Sorry, but it was funny.   

California Dental Association sues the state Medicaid Association

CDA sues government over Medicaid cutbacks

By DrBicuspid Staff

November 22, 2011 -- The California Dental Association (CDA) has joined forces with the California Medical Association (CMA), the California Pharmacists Association (CPhA), and the National Association of Chain Drug Stores in a federal lawsuit against the California Department of Healthcare Services (DHCS) and the U.S. Department of Health and Human Services protesting proposed cutbacks to the state's Medicaid reimbursement system.

Read the rest of the story at Dr. Biscupid

Wonder why the CDA hasn’t sued because of the waste and fraud?  Why has the CDA not taken action in house to bring an end to the waste and fraud?  Surely is it not because they are the problem and crying for a bigger piece of the pie!  Who is really behind the lawsuit?   

I’ll say it again, for the millionth time, and I’ll keep saying it, stop the abuse and fraud and there is plenty money to pay for treatment to those who need treatment.  But to stop it, dentists and dental associations have to get involved and quit leaving it to the public to fix the mess!  We can only do so much out here!!

Thanks

When given the opportunity to do what is right, correct a wrong, and end the child abuse, how do you explain not taking it? You can't, not really.

I'll be giving thanks this holiday season for all those who take the opportunity they have been given.

Smith and Lindley

 11-1-2011
I heard Al Smith and Michael Lindley are no longer President and CEO of Church Street Health Management/Small Smiles dental.

True? I don't know.

update:  11-10-2011
Confirmed!
Michale Lindley is "no longer with the company"

Still working on ole Alford Joseph.

update: 11-18-2011

I hear Todd Cruse has been put in charge to guard the hen house, taking Lindley's place.
Still not sure about Smith.

Stockton, California 4 year old, dead after dental surgery

 

RECORD Net

By Joe Goldeen

Record Staff Writer

November 16, 2011 12:00 AM

STOCKTON - On Friday, Dominique Smith brought her son Jermaine, 4, to a dentist in Oakland. She later left him with the Alameda County coroner.

Something went wrong after Jermaine was given an oral anesthetic to calm him down and subdue any pain caused by the dental procedure intended to remove some rotten teeth and cap some others. The family wants some answers.

Jermaine died after doctors unsuccessfully attempted to revive him, administering chest compressions for up to 45 minutes, his family said.

On Aug. 6, 2007, in Stockton Jermaine Lee Harrison was born with a hole in the wall that separates the right and left ventricles of his heart. He required open-heart surgery and, about 12 months later, he had a pacemaker installed. Three years later, he was thriving and healthy, his family said.

"He was playful. He never wanted to stay in the house. He was a jolly little boy, a happy little boy," said his grandmother, Pamela McElroy of Stockton, who accompanied her daughter and grandson to Children's Hospital and Research Center Oakland last week where the dental procedure was scheduled.

Children's Hospital Oakland was familiar with Jermaine's medical history, the family said, because that's where his initial open-heart surgery was and where he returned every six months for a cardiology checkup.

The family is at a loss on what to do next. An autopsy report on the cause of death from the Coroner's Bureau of the Alameda County Sheriff's Office is not due for about a month, according to a coroner's spokesman who said it is standard procedure.

A spokeswoman for Children's Hospital Oakland said late Tuesday neither she nor hospital staff could speak about any aspect of the case without written consent from the family, which they are working on obtaining.

Anyone wishing to contact the family may call McElroy at (209) 271-3401.

Contact reporter Joe Goldeen at (209) 546-8278 or jgoldeen@recordnet.com. Visit his blog at recordnet.com/goldeenblog.

---

STOCKTON, Calif. (KCRA) -- A 4-year-old Stockton boy who survived three open-heart surgeries died Friday while having his teeth capped.

The boy’s grandmother, Pamela McElroy, said she watched as he was taken into an operating room. She never saw him alive again.

The cause of death remains a mystery, and an official at Oakland Children’s Hospital – where the dental surgery was performed Friday – said an investigation is underway.

“I just want to know what went wrong,” McElroy said.

Strange visitors indeed

Over the last 5 days there has been an increase in web traffic here.  Some of the search terms used are:

Todd Cruse
Forba Nashville Closing
Stockton 4 year old death
Eight dental office closed over billing news 8
Smile Starters Complaints
Heartland Dental Complaints
Neta DeRose Obituary

Xerox owned company contributing to dental Medicaid fraud; Fraud from the dental office to the billing processor exposed

It’s apparent to me that neither private companies or government operated health care can operate and deliver healthcare to American’s for a fair price, since theft of taxpayer dollars is part of the business plan.  I’ve said all along that people who think Obama Care will solve the problems are so wrong.  Some seem to think the government will actually operate it—which somehow would be better.  But that simply isn’t the case folks.  The government will hand out contracts to greedy corporations to oversee and operate.  The same corporations who donate and lobby our lawmakers.  All I can see Obama care doing is giving the government the ability to add their favored companies to the free-for-all raiding of the taxpayer money pot. 
 
 
Byron Harris
November 11, 2011

DALLAS - Claims procedures discovered in a News 8 investigation of "Your tax dollars aren't working," said a former claims specialist, one of several News 8 has interviewed. "You're paying for [dental] services that shouldn't be paid for."the Texas Medicaid Dental program may apply to the whole country, because of the payment process employed by a major government contractor.
In a series of investigative reports over the last several months, News 8 discovered hundreds of millions of dollars in Medicaid billing for orthodontics. Now it appears the problems, which have triggered a federal audit, may be linked as much to the way the claims are approved, as they are to the individual dentists involved.
It turns out that the claims examiners are paid by quantity, and not
Employees who might have been making $20 per claim two years ago, now are making $10 per claim. To take home the same pay, they have to push nearly twice as many claims through the system.

"People didn't know how they were going to make their mortgage payment, their car payment, pay their babysitter because every time they turned around, their pay was being reduced again because corporate felt they were making too much money," a former employee said. necessarily quality, under a program called Activity Based Compensation, or ABC. The more claims they process, the more money they make, creating a strong incentive not to take too much time with each one.
"Your tax dollars aren't working," said a former claims specialist, one of several News 8 has interviewed. "You're paying for [dental] services that shouldn't be paid for."

Latest Small Smiles Job Postings

Wait a minute, I thought Church Street Health Management was simply a “management company” contracted with dental centers to manage day to day operations.  (sarcasm) Hmmm… 

They aren’t even telling folks this is to work at their Small Smiles Dental Centers.

If anyone reading this ad has a brain cell one left, do NOT call Jacob!  It’s a trap you don’t want to be caught up in…  I promise! But if you are here at this website, you likely already know that, don’t you?

Here’s a current job posting:

Lawsuit on behalf of 23 Smile Center patients was filed sued by parents

Wednesday November 9, 2011
WOIA TV


Reported by: Brian Collister
Email: BrianCollister@woaitv.com
A chain of dental clinics here in San Antonio is hit with a massive lawsuit filed by parents who took their children to The Smile Center.

The court action is more fallout from my investigation into the clinics and allegations it did unnecessary work at taxpayers expense.

The lawsuit filed Wednesday on behalf of 23 children alleges the Smile center would routinely recommend unnecessary and excessive dental services.

The lawyer filing the suit says this is the first of many to come as they prepare to file on behalf of one-hundred children.

“The lawsuit alleges and we intend to prove with substantial evidence that a lot of the dental care received by these children was unnecessary and improper”, says Attorney Tom Crosley.
Read the entire story at WOIA TV
If your child was injured due to dental treatment received at The Smile Center, Kool Smiles or other Medicaid dental centers in San Antonio contact attorney Tom Crosley for a free case review at:
Crosley Law Firm P.C. Free Case Review
Injured Smile Center Patients Information
Attorney Tom Crosley named Texas Super Lawyer for 2011

I think Kool Smiles Dental press releases about “new jobs” is very misleading

Over the past several days Kool Smiles Dental (NCDR, LLC) has published press releases about their expansion, growth and plans to hire from 80 to 100 jobs in various states. i.e. South Carolina to get 100 new jobs, Virginia blessed with 100, Indiana 88 new jobs.
Using buzz words and phrases such as “expansion”, “bright economic outlook” “provide jobs” leaves the reader feeling warm and fuzzy about Kool Smiles doesn’t it?  Heck they are providing dental treatment for underprivileged children and children whose parents have fallen on hard times due to the poor economy and bleak job outlook.  As the cherry on top they state they are providing jobs for states and local communities. 
FANTASTIC!
Shoot, they even have lawmakers commenting about the fabulous news:

Just saying...

The only thing worse than bad people doing bad things is good people doing nothing.

North Carolina Dental Board nixed Heartland Dental’s attempt to take root, taking the bull by the horns.

It looks like North Carolina is taking the lead to put an end to the corporate take over of dentistry.  Now, if they would just look into the Smile Starters agreement with Root Dental Management, and the sales agreement between Dr. Rivera and Dr. Michael DeRose another income flow to the DeRose family might be cut off. 

If you want to understand how the corporation do business, you should read this.  It lays it all out for you.

North Carolina State Board of Dental Examiners (NCBDE)

vs.

Heartland Dental Care, Inc
d/b/a Heartland Management, Inc
Gary Cameron and Associates, P.C and';
Gary L. Cameron, DDS

Case 11-CVS-2343

Heartland Dental Permanent Injunction

The NCBDE filed a complaint in Superior Court, Randolph County, North Carolina in September accusing Heartland Dental of implementing a series of transactions, contracts, documents and agreements to which Dr. Gary Cameron, DDS of Asheboro, North Carolina unlawfully transferred to Heartland Dental; Ownership, Management, Supervision and Control of his dental practice, Asheboro Dental Care..

Dr. Cameron was selling his dental practice to a corporation, “an unlicensed individual or entity.”

Heartland denied Dr. Cameron transferred ownership or management to anyone and maintained Dr. Cameron merely sold certain assets to Heartland then entered into a lawful management agreement with Heartland.

This violates North Carolina’s Dental Practice Act (N.C. Gen. Stat. 90-22) and the Management Arrangement Rule (21 N.C. Admin. Code 126X.0101).

Heartland Dental denied the allegation that Dr. Gary Cameron transferred ownership or management to anyone and maintained Dr. Cameron merely sold certain assets to Heartland Dental then entered into a lawful management agreement with Heartland.

[I’m seriously trying not to roll on the floor while laughing at Heartland’s position]

However, in 2009, Dr. Cameron hired Roger K. Hill and Company to assess and valuate his dental practice and provide him with a valuation of $2,350,800.00.  I’m not even going to get into what was likely done to make sure the the clinic had a high value.

By December 1, 2009 Dr. Cameron and Heartland agreed on a price of $2,450,000.00 PLUS the value of his accounts receivable and entered into a “Letter of Intent to Acquire Certain Assets”.  In this letter of intent it listed the “assets of the Seller” to be:

”All operating assets, leasehold improvements, office equipment, dental equipment, supplies, inventory, trade receivables, licenses, contracts,
trademarks, and other tangible and intangible property necessary to the operation of the Seller”

In January 2010 Dr. Cameron established a new company called Gary Cameron and Associates, P. C. with him being the sole owner.

Is this Kool Smiles way of pretending they are paying back the millions defrauded or trying to head off some bad publicity in the works?

Can you consider  “patient shopping” a donated service?  Here is their Press Release for today:

Kool Smiles Donates $12.5 Million in Dental Services to Underserved Communities and Launches Facebook Campaign to Donate a Toothbrush for Every "Like"

ATLANTA, Nov 4, 2011  Kool Smiles is proud to announce that so far this year it has donated over $12.5 million in free dental services to underserved communities. In celebration, they are launching a new Facebook page. In addition to keeping the community engaged in its vision and efforts to increase accessible dental health nationwide, the page allows individuals to have an impact on the wellbeing of children in need. For every "Like" the Kool Smiles Facebook page receives, a toothbrush will be donated to an underserved child.

Quality dental care at a young age plays an important role in both the physical and psychological well-being of children and adults. Now, Kool Smiles is empowering every person who "likes" its efforts by donating a free toothbrush and is prepared to provide up to a million toothbrushes for a million healthy smiles.

Dr. Tung Thai Nguyen Pleads Guilty To Health Care Fraud-Greensboro, NC

  NC Dental Board Action 2009

Silva and Silva DMD Pllc 
(used to be Nguyen, Silva and Silva, P.A. D.M.D –dissolved 1-12-2011)
Silva and Silva, LLC
Dr. Enrico Silva
Dr. Ha Hguyen Silva
1505 West Lee Street
Greensboro, NC  27403
336-510-2600

November 4, 2011
From WMFY News

Greensboro, NC-- A Greensboro dentist has admitted to health care fraud. 

Thursday, the US Attorney's Office accepted a plea deal with Tung Thai Nguyen. Nguyen pleaded guilty to health care fraud charges in connection with false claims submitted to Medicaid.

Dr. Nguyen, 40, pleaded guilty, in A Winston-Salem federal court room,  to two counts of violating health care fraud and one count of violating 18 false entries in a matter involving a health care benefit program.

According to documents filed in Court, Dr. Nguyen submitted claims to the Medicaid program for dental restorations not actually performed. Dr. Nguyen also submitted a claim to the Medicaid program for the installation of one type of partial denture when he actually furnished a less expensive and different partial denture to the patient.

Nguyen will be sentence in February 2012. He faces the maximum possible penalty for a health care fraud violation, which is not more than ten years imprisonment, a maximum fine of $250,000, and a term of supervised release not to exceed three years. The maximum possible penalty for a false entry violation is not more than five years imprisonment, a maximum fine of $250,000, and a term of supervised release not to exceed three years.

The Court may also order the defendant to pay restitution to the health care benefit program.

The case was investigated by the Health and Human Services Office of Inspector General and the North Carolina Attorney General's Medicaid Investigations Unit and prosecuted by Assistant United States Attorney Robert Hamilton.

So why are there no Medicaid dental mills in Florida?

Florida ranks near the bottom in access to dental care.  So why are the dental mills staying away; other than the denture places like Aspen? I’d like to hear your thoughts on why Florida is spared.
cckaddie@yahoo.com or post in the comment section.

5TH Circuit Court of Appeal Declares Florida Medicaid Fraud Statute 409.920(2) (A) Unconstitutional
from South Florida Health Care News 

This case deals with two very important subjects: The ability of Healthcare providers to market using practice management companies as well as reaffirming the principle in Florida that one cannot be criminally liable for filing a false claim by accident , error or negligence

Facts

In 2001, two Miami dentists contracted with a dental management company to open a dental office in Orlando Florida. The management company agreed to provide a turn-key dental facility. In addition, the dental management company would manage the business and marketing aspects of the practice including marketing the dental practice to Medicaid eligible recipients. In return the management company is paid between 42% and 43% of the compensation received by the dentists for their services.

In 2003, the state filed a 130 count information against appellees Sonia Guzman and Ana Maria Mendez and three co-defendants John Rubio, Ileana Martin-Fernandez and Gustavo Fernandez. Counts I and 2 charged all defendants with racketeering and conspiracy to commit racketeering in violation of section 895.03, Florida Statutes. Counts 3 — 55 charged various defendants with Medicaid provider fraud in violation of section 409.920(2) (a), Florida Statutes. Counts 56 — 129 charged various defendants with patient brokering by engaging in a split-fee arrangement in violation of section 817.505, Florida Statutes. Count 130 charged all defendants with violating the White Collar Crime Victim Protection Act, section 775.0844, Florida Statutes.

Assess, Communicate, Decide; guidelines impossible for dentists working for corporate dental mills

The American College of Dentists (ACD) produces a card for the wallet that contains on one side the Core Values, which guide the ethical behavior of Fellows of the ACD, and on the reverse a list of questions called the ACD Test for Ethical Decisions, following the ACD acronym.

Assess
Is it true?
Is it accurate?
Is it fair?
Is it quality?
Is it legal?

Communicate
Have you listened?
Have you informed the patient?
Have you explained outcomes?
Have you presented alternatives?

Decide
Is now the best time?
Is it within your ability?
Is it in the best interest of the patient?
Is it what you would want for yourself?
This is a simplified but excellent reminder.

PC Holder = Owner Dentist

Just saying...

Sugar plums can dance in one's head.

Just Saying…

per·ju·ry [pur-juh-ree]
noun, plural -ries.
to lie like a dog; the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry

• Elements:
• Oath - person must be under oath during his testimony;
• Intent - you lied and you knew you were lying like a dog;
• Falsity - must have made told or more lying statements, and;
• Materiality – the lie could or would influence the legal proceeding

Section 1621 and 1623 of Title XVIII of the United States Criminal Code sections 1621 and 1623 deal with the crime of perjury.

Title XVIII of the US Criminal Code section 1623, makes it a Federal offense to knowingly make a false statement about a material matter while under oath before a Federal court.

State laws on perjury:

Kentucky CHAPTER 523 PERJURY AND RELATED OFFENSES

523.020 Perjury in the first degree.
(1) A person is guilty of perjury in the first degree when he makes a material false statement, which he does not believe, in any official proceeding under an oath required or authorized by law; or
(2) When he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his official functions when such person is subscribing a warrant accusing his spouse of an offense under KRS Chapter 510.
(3) Perjury in the first degree is a Class D felony.

Kentucky Class D felony- not less than 1 year nor more than 5 years per charge  or in the case of perjury, per lie.

523.030 Perjury in the second degree.
(1) A person is guilty of perjury in the second degree when he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law with the intent to mislead a public servant in the performance of his official functions.
(2) Perjury in the second degree is a Class A misdemeanor.

Class A misdemeanor – 3 to 12 months in jail per charger or in this case or perjury, per lie.

523.040 False swearing.
(1) A person is guilty of false swearing when he makes a false statement which he does not believe under oath required or authorized by law.
(2) False swearing is a Class B misdemeanor.

Class B misdemeanor – usually no jail time

523.050 Inconsistent statements.
(1) When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
(2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two statements, the person may only be convicted of false swearing.

 

Perjury

A. Perjury is the intentional making of a false written or oral statement in or for use in a judicial proceeding, any proceeding before a board or official, wherein such board or official is authorized to take testimony, or before any committee or subcommittee of either house or any joint committee or subcommittee of both houses of the legislature. In order to constitute perjury the false statement must be made under sanction of an oath or an equivalent affirmation and must relate to matter material to the issue or question in controversy.

Just Saying…

There just has to be a very special place in HELL as well Jail for those who choose to conspire and lie to cover-up the heinous abuse of children.

Just saying…

Marissa Kingery death settlement

This report says the Executive Director of the Ohio Dental Board “approved” the settlement.  What is God’s name did she have to do with anything, other than some responsibility into Marissa’s death in my opinion. 

How did such a conversation go anyway?  Did she say, “yeah, that’s a fair price”!!!

 

By Jack Shea Fox 8 News Reporter

6:14 p.m. EDT, October 28, 2011

LORAIN, Ohio—

The family of a Lorain County girl, who died while undergoing oral surgery, has settled a wrongful death lawsuit against the dentist who performed the surgery.

On December 21, 2010, 13-year-old Marissa Kingery, of Elyria, stopped breathing while having teeth removed at the Lorain office of Dr. Henry Mazorow.
An autopsy later concluded that Marissa's death was accidental, the result of complications from anesthesia administered before the surgery.

The lawsuit filed by the girl's family was settled by Dr. Mazorow's insurance company for one million dollars, to be shared by her parents and their civil attorney.

The Ohio State Dental Board helped negotiate the settlement, and then approved it.

Dental Board Executive Director Lili Reitz told Fox 8, "Our job is to ensure that dentists who are not safe, or who pose a threat, either remediate in the areas where they're deficient, or no longer practice."

[It’s a damn shame Ms. Reitz didn’t feel the same when Mazorow killed the other patient in 1997.  Sounds real noble Ms. Reitz, but your words are empty!]

On September 1, after consulting with the dental board, Dr. Mazorow agreed to retire at the age of 81.

[It took from December 2010 until September 1, 2011 for Mazorow to be forced into retirement?!  Also after 5 years, his record will be wiped clean as Ms. Reitz pointed out earlier this year!]

The case of Marissa Kingery was not the first time Mazorow had been sued for wrongful death. In 1997, 57-year-old Rosemary Johnson died from similar complications while undergoing surgery at the doctor's office. The case was settled out of court for $550,000.

Fox 8 News tried to talk to Dr. Mazorow about what happened to Marissa Kingery and Rosemary Johnson, but were unable to reach him.

Reitz said says the case illustrates the difficulty of regulating dentistry.
"What I have a hard time accepting is our limitations, and our limitations are the license of the individual, and whether or not that person should be, to hold a license, and if so, what needs to be done to ensure that they're safe."

[What’s so damn difficult about it, Ms. Reitz? ]

Lessons to be learned from 1992 dental malpractice and murder case

$1.6 Million Awarded to 13 Patients of Convicted Dentist

October 08, 1992|MARLA CONE | TIMES STAFF WRITER

Thirteen patients of a Costa Mesa dentist who was convicted in 1984 of murdering three patients were awarded $1.6 million in damages Wednesday to be paid by a state insurance association, according to their attorney.

Dr. Tony Protopappas was convicted of three counts of second-degree murder after two women and a teen-age girl died during a five-month period from lethal doses of general anesthesia he administered during routine dental work. He is serving a 15-year term at a state prison.

The $1 million in damages and $600,000 in interest awarded Wednesday is in addition to $500,000 the plaintiffs were awarded from insurers in 1987, said their attorney, William Humphreys of the Santa Ana law firm of Horton, Barbaro & Reilly.

After Protopappas' arrest, his dental firm as well as his insurance company went bankrupt, so the claims were sent to the California Insurance Guaranty Assn., which is a statewide fund created by insurers to handle claims of companies that go bankrupt.

SHOCKING! Ethics in dentistry has declined.

A study published in the October issue of the Journal of Dental Education reports ethics has declined in dentistry.  Shocking!  In fact, what actually qualifies as “ethics” education seems to have changed.  Shocking!  This information was developed by the authors, listed below and administered by the American Society for Dental Ethics.  American Society of Dental Ethics!?  Who knew?! 

I’m wondering if this “Ethics Society” was the impetus to the decline in and redefining of ethics education.  Wonder what kind of influence the dental mills and the Dental Group Practice Association (DGPA ) (see below) have of the ethics curriculum?  Ethics is something the mills certainly do not want practiced, it hinders production!

Jurisprudence must be in worse shape than ethics, considering all the illegal dental mills openly operating these days!  I wonder if there is an American Society of Dental Jurisprudence?

This study was done with data from 2008.  2011 is damn near over!! 

Now on with the abstract of the Study:

Abstract:
The survey was sent to the individual who directs the ethics curriculum at the fifty-six U.S. dental schools that had a full complement of enrolled pre-doctoral little time is devoted to ethics instruction in the formal curriculum.classes as of January 2008.

All fifty-six schools responded to the survey. The data suggest that, in general, little time is devoted to ethics instruction in the formal curriculum. The mean number of contact hours of ethics instruction is 26.5 hours, which represents about 0.5 percent of the mean clock hours of instruction for dental education programs reported in the most recent American Dental Association survey of dental education. While the amount of time devoted to ethics instruction appears not to have changed much over the past thirty years, what has changed are what qualifies as ethics instructionwhat has changed are what qualities as ethics instruction, the pedagogies used, and the development and availability of norm-referenced learning outcomes assessments, which are currently used by a number of schools.

Oklahoma–18 year old Jonathan Adams dies from infection after root canal

KOCO
HARRAH, Okla. -- Former Harrah football player Jonathan Adams died Monday, Oct. 10, 2011 after he developed a rare infection following a root canal, his family told Eyewitness News 5.
When Adams, 18, first developed a sore throat and fever, doctors thought the Northeastern State football player had strep throat. However, his family now believes he had a serious and rare bacterial infection that led to further complications and his eventual death.
“The main reason we wanted to (speak to the media) is so nobody else has to do this because if I can keep another parent from going through losing their child at 18, I did my job," said Johnie Adams, Jonathan's mother.
Adams was a 280-pound redshirt freshman on the Northeastern State University football team. His father, David Adams, said he hoped to have a future in football after he graduated from college.

Real dentists sharing real thoughts about sealants, dental mills, waste and fraud

   
Dentist 1:

It’s all designed to fool the taxpayer.  Politian's get into trouble for overspending.  They cut services, in this case Medicaid reimbursement fees for dental treatment. To keep the special interest happy, they agree to cover another procedure, everyone’s happy.

I work in an office (corporate mill) that takes Medicaid- MassHealth-in my state. which covers sealants on primary molars.  In my opinion, I think sealants on second primary molars (first primary, very rare) are beneficial in only a small percentage of cases; high risk, deep grooves, ability to obtain good isolation, etc.

Here's what I find troublesome and wasteful from a taxpayers point of view.
- We routinely seal all primary molars up to the age of 8, even on low risk patients with shallow grooves
-  90% of the time dental assistants place them alone with poor isolation.
I only do sealants when I have good isolation.  95% of the time I use my Isolite.  
With my criteria, I rarely seal primary molars. 
The dentists who do treatment plan sealants on a 3 year old, that will not even remain still for an exam or cleaning are wasting tax dollars in my opinion.  I do see pressure for assistants to do them from the corporate headquarters.  Corporate heads want a “sealant” report daily.  That irks the hell out of me.  It irks me even more when the dentist is not busy at all and still let's the assistant do them alone!

A buyers assistance program I could sink my teeth into

If only there could be a dental mill clinic crises.  Like the one in the housing market; saturated with empty dental mill clinics. Now there is a buyers assistance program I could support.

As one dentist recently said, “When the money for general dentists doing the small kids disappears, the mills will be gone. There are 4 dentists on every corner. Being a practice broker is where the money will be when these mills close down.”

I can dream.

“Owner Dentists” banded together and won $130 million

Had I read this in 2007 or even 2008 I might have believed the whole scenario laid out in the lawsuit between Park Dental Group and American Dental Partners. But knowing what I know today I think it’s a case of “owner dentists” going rogue, but I could be completely wrong. 
In 2007 a Minnesota jury awarded a group of dentist $130 million dollars.  The group alleged American Dental Partners, Inc. had overstepped its bounds when it came to the treatment of their patients.  Disappointingly, the jury failed to address the claims of a corporation/non-dentist practicing dentistry without a license.  However I suspect one could say the monetary award spoke volumes.

I guess it could be a case of the smaller dental group decided to become their own “management” company and screw the Wall Street folks. But as long as dentists own the clinics, are making the decisions and delivering the treatment I don’t see a need for real concern, do you?

Star Tribune
December 13, 2007

In a landmark verdict likely to draw praise from those opposed to the growing corporate presence in medicine, a jury ordered a Massachusetts company to pay $130.6 million to a group of Twin Cities dentists who claim the company interfered with their delivery of care to patients.

A Hennepin County jury ruled Wednesday in favor of PDG PA, a professional association of 115 dentists who operate the Park Dental and Dental Specialist clinics. The dentists had accused American Dental Partners Inc., a public company to which they had outsourced most of the administrative side of the business, of overstepping its legal authority and granting itself grossly excessive fees.

[I’m wondering exactly what that grossly amount was, 100% as with CSHM]

The ruling and the mammoth award will have far-reaching implications for thousands of clinics and hospitals nationwide that in recent years have outsourced the management of their business operations to corporations that aren't owned by medical professionals, industry analysts said.

"It puts in sharp relief the tension that exists in the health care industry over who controls the practice of medicine and dentistry," said Joseph Anthony, an attorney with Anthony, Ostlund & Baer, which represented the dentists. "Will it be the doctors or will it be non-doctor-trained service providers?"

After a month long trial, American Dental and a subsidiary were found liable for, among other charges, breach of contract, breach of good faith and defamation. Late Wednesday, the jury ordered the company to pay $88.3 million in damages, then added $42.3 million in punitive damages on Thursday.

American Dental, based in Wakefield, Mass., said in a written statement that it is evaluating the verdict. Officials did not return repeated telephone calls. Shares of the company tumbled Thursday to $4.62 a share from $14.34 a share a day earlier.

The verdict stems from a dispute over a 1996 agreement in which an American Dental subsidiary, PDHC Ltd., agreed to provide the dentists with money for expansion as well as "non-dental administrative services," such as accounting, lab services and equipment maintenance. In return, the dentists agreed to pay a portion of their billing revenue to American Dental in the form of a "service fee."

[Honestly, I’ve got to give a huge thumbs up to whom ever “spun” this one.  There are lessons to be learned here, I’m sure]

Dentistry Whistleblower DEAD

Remember last year when it was revealed a VA clinic in Ohio was using less than sterile conditions.  There was an uproar!

Well, the dental lab technician who blew the whistle on died Saturday in a one car accident.

By Thomas Gnau, Staff Writer Updated 10:37 AM Sunday, October 16, 2011

BEAVERCREEK — A dental lab technician who helped call attention to poor infection-control practices at the Dayton VA Medical Center last year was killed in a one-car accident in Beavercreek Saturday morning.

Wallace “Ray” Perdue of Fairborn was killed after the car he was driving left the road and struck a tree in the 2200 block of Kemp Road, just west of Beaver Valley Road, at 11:54 a.m. Saturday, according to Beavercreek police. He was 45. Police said he died at the scene.

His wife, Sherry Perdue, was also in the car. She was examined at Miami Valley Hospital after the crash, then discharged on Saturday, a hospital spokesperson said.

The Perdues, along with a third whistle-blower, told VA inspectors in the summer of 2010 about dentist Dr. Dwight Pemberton’s failure to sterilize instruments and change latex gloves between seeing patients.

In the aftermath of the Perdues’ allegations coming to light, the VA closed its Dayton dental clinic for three weeks and offered testing for hepatitis B, hepatitis C and HIV to 535 former patients of Pemberton’s.

Small Smiles Dental Centers Continue SLAPP’ing Grandma of 9

Demonstrating their ruthless style of business-preying on the most vulnerable of citizens-Church Street Health Management is continuing to SLAPP a Kentucky grandma  for voicing her continued dislike of the company’s business practices,

In 2008 Church Street Heath Management, LLC- then known as FORBA Holdings, LLC- brought a first amendment lawsuit, referred to as a Strategic Lawsuit Against Public Participation (SLAPP) against one of their many critics.

In January 2010, Church Street Health Management agreed to pay upwards to $30Mil to settle allegations of abusing children, overtreatment and Medicaid Fraud.  CSHM was also forced to sign a “Quality of Care” “Corporate Integrity Agreement” with the Department of Health and Human Services. 

Being the “low hanging fruit”, CSHM and their corporate owners, the Carlyle Group, First Islamic Bank-now known as Arcapita Bank and American Capital Strategies, have once again brought this unrepresented grandmother of 9 back to court in Western Kentucky. 

On October 17, 2011 at 10AM a hearing will be held in Federal Court.  CSHM has motioned the court to find grandma in Contempt of Court; asking the retired grandma to be fined $10,000 and pay an exorbitant amount of legal fees.  In their court pleadings, CSHM mentions possible jail time as a remedy to satisfy their intent to suppress grandma’s 1st Amendment rights to free speech.

CSHM also wants the court to force grandma to reveal the identity of current or former employees with whom she has had contact.  Doubtful it’s to pat any of those person’s on the head for doing such a good job in keeping them honest.

 

November 2008 Original  Complaint - FORBA v Hagan
December 2008 -CSHM's 1st request for Santions  2008(denied)
April 2009 – CSHM’s Motion to Dismiss (granted) 

July 2011 CSHM Motion for Sanctions
July 2011 Declaration of Todd Cruse
July 2011 Memorandum in Support of Sanctions

September 2011 Grandma's Combined Response to CSHM’s Motion for Sanctions and Motion to Dismiss
September 2011 Grandma's Memorandum in support

Church Street Health Management, LLC is located in Nashville, Tennessee at:618 Church St # 520
Nashville, TN 37219-2457
(615) 750-0306

 Members and Officers of the Church Street Health Management, LLC are:

Officers:
Michael Lindley-Chairman & CFO
Rodney Cawood-EVP & Chief Financial Officer
Al J. Smith- President, COO and Secretary

Members:
Dr. Steve Adair
Bret Bero – American Capital.
Scott A. Buschmann – Arcapita Bank
Stockton Croft – Arcapita Bank
Charles L. Griffith – Arcapita Bank
Susan B. Kasser- Carlyle Group
Douglas Kelley – American Capital
Michael G. Lindley – Small Smiles Holding, LLC
William C. Miller, Jr – Arcapita Bank
Al J. Smith – Small Smiles Holding, LLC

 

Arcapita Bank is headquartered in Bahrain, while the Carlyle Group is the third largest private investment group in the world with assets of $150 billion dollars. In March 2008, Carlyle Capital Corporation defaulted on about US$ 16.6 billion of debt as the global credit crunch brought about by the subprime mortgage crisis worsened for leveraged investors. (Wikipedia)

American Dental Partners Lawsuits thru June 2011

From EDGAR online

American Dental Partners, Inc. ( NASDQ: ADPI) Lawsuits thru June 2011

Stockholder Litigation

On or about February 22 and 23, 2010, Special Situations Fund III L.P., Special Situations Cayman Fund, L.P., and Special Situations Fund III Q.P., L.P. excluded themselves from the class action settlement resolving consolidated actions entitled “In re American Dental Partners, Inc. Securities Litigation,” civil action number 1:08-CV-10119-RGS, and filed an opt-out complaint in the United States District Court for the District of Massachusetts, against us and certain of our executive officers, entitled “Special Situations Fund III, L.P. et al. v. American Dental Partners, Inc. et al.,” civil action number 1:10-CV-10331, which we refer to as the Opt-Out Action.

The Opt-Out Action complaint (i) asserts that the plaintiffs purchased over 500,000 shares of our common stock during the period of February 25, 2004 through December 13, 2007; (ii) alleges that we and certain of our executive officers violated the federal securities laws, in particular, Section 10(b) of the Securities Exchange Act and Rule 10b-5 promulgated thereunder, by making allegedly material misrepresentations and failing to disclose allegedly material facts concerning the lawsuit by Park Dental Group against our subsidiary, PDHC, Ltd., entitled PDG, P.A. v. PDHC, Ltd., Civ. A. Nos. 27-CV-06-2500 and 27-CV-07-13030, filed in the Fourth Judicial District of Hennepin County, Minnesota on February 3, 2006 and conduct at issue in that action during the period of February 25, 2004 through December 13, 2007, which had the effect of artificially inflating the market price of our common stock; (iii) asserts control person claims under Section 20(a) of the Securities Exchange Act against the executive officers named as defendants; and (iv) claims that certain of the alleged misrepresentations also violated Section 18 of the Securities Exchange Act.

The plaintiffs seek an unspecified amount of monetary damages, costs and attorneys’ fees and any other relief the Court deems proper. We are unable to provide a range of potential damages with respect to this action.

On June 11, 2010, we and the other defendants filed a motion to dismiss the Opt-Out Action. On March 31, 2011, the Court denied the motion to dismiss with respect to the Section 10(b) and Section 20(a) claims, but granted the motion to dismiss with respect to the Section 18 claim. We intend to defend ourselves vigorously with respect to this matter.

Youngstown, Ohio Small Smiles Dental Center Dentist Has Hair Pulled by Patient

October 12, 2011
By JOE GORMAN - reporter (jgorman@tribtoday.com) , Tribune Chronicle | TribToday.com

YOUNGSTOWN - An Idlewood Avenue woman reportedly unhappy with work on her tooth was arraigned Tuesday in Municipal Court on accusations that she pulled her dentist's hair and wouldn't let go.

Cassandra Allen, 21, was arraigned on two counts of assault. Judge Elizabeth Kobly set bond at $10,000, as well as ordering that Allen have no contact with the Small Smile Dental Center on Mahoning Avenue or any of its employees.

Police reports state that Allen went to the office about 9 a.m. Monday, upset over some work done on her tooth. A dentist tried to help her, but several times during the process, Allen complained, the report states.

Connecticut dentist paying the price for Medicaid fraud–Dr. Kristi Rossomando

Dentist pays for making false claims to Medicaid

WTNH TV
Updated: Tuesday, 11 Oct 2011, 4:42 PM EDT
Published : Tuesday, 11 Oct 2011, 4:42 PM EDT

New Haven, Conn. (WTNH) - A New Haven dentist is paying over $200,000 for making false claims for services provided at her dental office.

Kristi Rossomando, D.M.D and her dental practice, The Children's Dental Group, P.C., located at 825 Grand Avenue, have entered into a civil settlement in which they will pay $212,000 to resolve allegations that they violated the federal and state False Claims Acts.

NYC dentist, Dr. Elan Kaufman, maxed out family’s dental benefits for the entire year of 2011 when he hadn’t seen any of their children. None! It gets worse, much worse.

Also, the high profile dentist and Chief of Pediatric Dentistry at St. Luke’s Roosevelt Hospital, Dr. Elan Kaufman billed the family’s insurance company for 5 visits on their 3 year old child whom he has never seen. Dr. Elan Kaufman had never looked inside the child’s mouth-he should not even have a chart or medical record of any kind on this child.  Parents say the child had not been past the waiting room!

Records say in 2009 he did 6 filings on the child- when the child was only one year old.  According to all the bills submitted on the child he had never seen the 3 year old had been seen 5 times and should currently have a total of 14 fillings.  He also billed for cleanings and fluoride treatment. 

Fox 5 took the child to another prominent dentist for examination.  Not only did the child have NO fillings, she had NO cavities.  Troubling to me is the fact the dentist wanted his identity to remain a secret.  Typical and 99.9% of the problem in my opinion.  Everyone wants to remain anonymous!!

Dr. Kaufman blames the “mistake” on staff, calling it a “clerical error”.  HA!

Anyone want to guess what procedures he billed out in 2011, that caused the family to max out it’s benefits with Delta Dental?

It was the “soup of the day”- Pulpotomies (Baby Root Canals) and Stainless Steel Crowns.  I know, I know…

Wednesday September 28, 2011
Fox 5 reporter Arnold Diaz

Dr. Elan Kaufman’s Other reported Credentials:
Director of Children’s Dentistry and Orthodontics in Brooklyn
Teaches at Columbia University – Columbia says he no longer teaches there.
President of the non-profit Children’s Dental Foundation (CDF)

Complaints About New York City Dentist: MyFoxNY.com

UK Ombudsman names and shames dentist

The serious problems with the dental community is not limited to the US.

GDPUK

The Health Service Ombudsman, Ann Abraham, has named a Staffordshire dentist who has repeatedly ignored calls from professional bodies to apologize to a patient following her complaint. This is the first time Ms Abraham has published a report specifically to alert Parliament to a health care professional’s refusal to put things right following a complaint.

Ms Abraham’s report sets out the findings of her investigation of the patient’s complaint about dentist Rajesh Narendranath (known as Mr Nath), of Stone Family Dental Practice in Stone, Staffordshire. The patient, Mrs D, complained that Mr Nath had been rough and had hurt her while trying to take x-rays, and also that he had been rude to her when she had objected. She described leaving the appointment feeling ‘battered emotionally and in more pain’.

Taxpayers spent $13 million on orthodontic transportation in Texas

Children picked up and escorted to dentist office for orthodontic treatment when dentist was not even in the state. 

Dollars are scarcely available to treat children who are in  very serious and real need, yet hundreds of millions freely distributed for unnecessary and useless braces on children in the Medicaid system.

These are just two of the allegations in the latest installment from Byron Harris of WFAA-TV in Dallas.

---

by BYRON HARRIS
Bio | Email
WFAA

Taxpayers spent $13 million on orthodontic transportation | wfaa.com Dallas - Fort Worth

Posted on October 6, 2011 at 11:42 PM

Last year, Texas taxpayers spent $184 million so kids on Medicaid could get free braces. Taxpayers did not just pay orthodontists for doing work many in the middle class consider a luxury. Under Medicaid, the public spent $13 million on orthodontic transportation.

Children got picked up, taken to orthodontists' offices, had their braces installed or worked on and were taken home again. Medicaid pays for up to 26 trips per patient. Many experts say that's evidence of a well-intentioned program gone wrong.

In his office in Dallas, Dr. Deji Fashemo looks at a three-dimensional photo of a child who badly needs orthodontic help. It is a mouth so crammed with teeth it's painful to look at. So in need of structural repair, the patient can hardly open to brush his teeth.

 

Dental One Under Investigation In Colorado Fallout Hitting Texas? Is Dell Computer CEO a dentist?

What does Michael Dell, the CEO of Dell computers know about root canals?

Word coming out of Colorado today is the Dental One clinic in Mountain, Colorado might be in some trouble. Rumor has it the District Attorney in Monument, Colorado is investigation billing fraud allegations.

Dental One operates 14 practices in Colorado including
Jackson Creek Dental Care
15854 Jackson Creek Parkway
Suite 140
Monument, CO 80132
719-302-2200

Dental One is based in Dallas, Texas
DentalOne Partners - Dallas
17300 Dallas Parkway
Suite 1070
Dallas, Texas 75248

 
Dental One

Dental One says it's an advisory company that owns clinics in various states.

Dental One Officers:
Edward H. Meckler, Chairman, DDS
Peter Grumbos, Chief Clinical Officer, DDS, FAGD
Keith Miller, Chief Operating Officer
David J. Krause, Chief Financial Officer
Dave Drzewiecki, Chief Information Officer
David G. Slezak, General Counsel and Corporate Secretary
Charlie Zasso, Chief Clinical Director, DDS, FAGD
Andy McBryde, Vice President, Central Operations
Chris Tsichlis, Vice President, Human Resources

Dental One, Inc
Dental Care Partners, Inc
Dental One Partners is a trademark owned by Dental One, Inc and refers to dental practices serviced by either Dental Care Partners, Inc or Dental One, Inc.
Dental Works – refers to dental practices serviced by Dental Care Partners, Inc

 

 

DentalOne Partners - Dallas
17300 Dallas Parkway
Suite 1070
Dallas, Texas 75248

Phone: 972-755-0800
Fax: 972-755-0890
Email: dallas.office@dentalonepartners.com

March 2007 – Purchased by North Peak Capital, LLC a subsidiary of MSD Capital, LP (MSD=Michael and Susan Dell, CEO, Dell Computers

Critics allege crying kids were hit - LA Daily News

I’m hoping this takes root, as it seems it has, and continues across the country.  C’mon parents, stand up for your children. 

Here is the story of another protest, this time at Dr. Dove’s Chatsworth, California.

Critics allege crying kids were hit - LA Daily News

CHATSWORTH - Angry parents demonstrated Friday outside the office of a pediatric dentist, accusing him of hitting young patients who cried and pulling teeth without proper sedation.

Picketing outside the Devonshire Street office of Dr. Edward E. Dove, more than a half-dozen mothers, grandmothers and others claimed that Dove mistreated children during visits and barred parents from being at their kids' side during procedures.

Janice Tucker, left, and Brooke Catalfamo demonstrate Dr. Edward Dove's pediatric dental office in Chatsworth on Friday, Sept. 30, 2011. Several parents who believe their children were mistreated by the dentist gathered outside his office to let others know their stories. (Andy Holzman/Daily News Staff Photographer)

"We're just here trying to protect other innocent children," said Brooke Catalfamo, of Reseda, who said Dove slapped her 5-year-old son in the face when he cried.

Another group held a similar protest recently outside Dove's office in Bakersfield, and critics have launched a Facebook page to detail complaints.