Saturday, July 06, 2013

CSHM’s Small Smiles Dental Centers Up to Same Old Crap

No, this is not big surprise; it’s been around 18 years. This business has been hanging on since 1995 when Eddie DeRose, Michael DeRose, Adolph Padula and John Parrish open its second dental clinic in Colorado.  Then came the first phase expansion with the creation of DeRose Management in 1998, operation Children’s Medicaid Dental Centers in Colorado and New Mexico.  Becoming so highly lucrative in the business of abusing children and defrauding Medicaid under the guise of providing dental care to the “underserved”, FORBA was formed by the “family” and expansion across the country began.  In 2006 the “family” found a group of idiots, including a Bahraini banker, to buy it for $435 million dollars.  In 2012, this group filed bankruptcy after 10 years of reports of child abuse and fraud finally caught the attention of Health and Human Services and they were investigated and fined $10 million.  The first reports were around 2003.

Lately, I’ve received two emails from people who CSHM have tried to recruit. As you can see emails dentists have shared nothing has changed.


From: Scott Shue [mailto:sshue@cshm.com]
Sent: 
To: 
Subject: Lead Dentist Opening

Employment with guaranteed base salary and monthly bonus.  Benefits include medical, dental, vision, disability, etc.  Malpractice is covered.  We offer 2 days of CME and 401k with 5% match and a 4-year vesting schedule.  General dentistry with an emphasis on pediatrics.  Salary range of $150,000 to $180,000 for the Lead position.  Efficiency-based model utilizing DA’s with expanded functions, office manager and clinical coordinator.  The requirements for the Lead Dentist position is to establish conformity, a congenial work environment, development of other Associates, etc.

…Salary is determined by experience, clinical expertise and interview/leadership skill which would be part of a discovery effort throughout the interview process.  Monthly bonuses are a % of the location’s net profit.  Basically, the pool is 35% of the total profit would be split between the dentists.  The Lead would then get an additional 10% and the Owners get an additional 5% for each location.  We do not have production “quotas”, just daily/monthly expectations

Scott M. Shue | Recruiter | CSHM LLC |
618 Church Street, Suite 520
Nashville, TN 37219
C: 770.855.1877 | O: 615.750.0342 | F: 615.986.1705
email: sshue@cshm.com

cshm

 

 


FYI – Dr. Jodi Kuhn, DDS the scam owner dentist for Small Smiles Dental Centers has now worked her way up to being called “owner of at least 11 clinics.  Five in Colorado, Five in Ohio and 1 in Kentucky. 

There are two types of management companies and below is a comprehensive comparison of the two.

Corporate DMSO

Dental Consultants and Managers

View Dentistry As A Business

View Dentistry As A Medical Profession

Employ The Dentist and Staff

Are Employed by The Dentist Who Owns The Practice

Own The Dental Offices

Manage Dental Offices As Needed by The Dentist

Are Backed By Wall Street Investors

Recommend Funding Solutions

Award Themselves with Dentist’s Earnings By Sweeping The Practice’s Bank Account

Invoice Dentist Practice and Take Payment Only For Services Rendered

Focus On Production Per Patient Agenda

Focus on Assisting Dentist With Quality Non-Medical Service.

Exploit Dentists’ Lack of Business Training

Teach, Mentor, and Assist Dentists With Business Needs

Have Fiduciary Duty To Financiers And Shareholders

Have Fiduciary Duty to the Dentist Who Hired Them

Convince Dentists They Don’t Need To Get Involved With Back-Office Operations

Encourage Dentists To Be Involved In All Management Decisions Of The Practice

Retreat and Hang Dentists Out To Dry In Times Of Trouble

Support Dentists And Offer Guidance Through Any Problem

Deploy Corporate Employed Office Managers To Reinforce Who’s In Control

Respect They Are Employed By The Dentists.

Understand High Profit Business Models

Understand Business Solutions For Dentists

Have an Master of Business Administration Degree

Have a Doctor of Dentistry Degree

Violate State Laws i.e. Dental Practice Acts To Hide True Ownership

Do Not Violate Laws When They Own A Dental Practice

Best Financial Gain Strategy With The Patient-Doctor Relationship

Do Not Come Between The Patient and The Doctor When Determining Treatment Options

View Dentists As Assembly Line Workers

Understand Dentists Are Medical Professionals Delivering Medical Care

Follow An Assembly Line Cookie-Cutter Business Models In Each Clinic

Provide Á la Carte Custom Services Per Owner Dentist Request

Set Quotas, Reward Top Producers With Bonuses and Dispose Of Non-Producers

Recommend Office Policies for Long Term Sustainability

Choose Suppliers And Vendors Offering Sub-Standard Materials

Recommend Trusted Suppliers and Vendors

Goal To Increase Profits Simply For Future Sale of Company

Goal To Promote Mom and Pop Practices

Control Every Aspect Of The Profession From Appointment To Patient Treatment Options

Provide Non-Medical Business Support Never Interfering With The Doctor Patient Relationship

Here is an example of a legitimate contract with a management service company looks like.

North Caroline DSO Management Services Agreement

Saturday, June 29, 2013

77 patients of W. Scott Harrington, DDS test positive for Hep C, 5 for Hep B and 4 for HIV

Public Health Investigation of Tulsa Dental Practice OKgovof W. Scott Harrington

Patient Information Hotline 918-595-4500

Speak directly to a public health representative weekdays from 8 a.m. to 5 p.m.
Contact information for all county health departments: http://chds.health.ok.gov

TULSA, OK – [June 27, 2013] – 

Tomorrow is the final day for former patients of W. Scott Harrington’s dental surgical practice to receive free testing for hepatitis B, hepatitis C and HIV infection, the Tulsa Health Department and Oklahoma State Department of Health announced today. Although free screening clinics will conclude tomorrow, the epidemiological investigation continues.

On March 28, public health officials advised they were notifying current and former patients of W. Scott Harrington, DDS. that they may have been exposed to blood-borne viruses at Harrington’s Tulsa and Owasso offices. Health officials recommended these patients have their blood drawn for testing for hepatitis B, hepatitis C and HIV infection at free screening clinics established at the Tulsa Health Department, Oklahoma City-County Health Department and other county health departments in the state.

To date, 3,991 people have visited county health departments throughout the state to have their blood drawn for testing. An unknown number of persons have sought testing through their private health care provider. The Oklahoma State Department of Health’s Public Health Laboratory has completed testing for 4,087 persons as of 5:00 p.m. Wednesday. The discrepancy is due to the lab also testing people from other states, private physicians and local county health departments.

Today the Oklahoma State Department of Health and Tulsa Health Department report one additional HIV positive result and three additional hepatitis C positive results since the last situation update. Therefore, 77 patients have tested positive for hepatitis C, five for hepatitis B and four for HIV.

Those persons whose tests are positive are being personally contacted and counseled about information specific to the disease for which the test was positive, and they will be directed to resources for appropriate care and follow up. If warranted, testing will be recommended for a spouse or partner. Patients with negative test results who had dental procedures in the Harrington clinic between Sept. 20, 2012, and March 20, 2013, have been advised to return for follow-up testing at least six months past the last dental clinic date at the Harrington practice. Those patients will still receive follow-up testing at no cost. Screenings will be provided Monday-Thursdays by appointment only.

This is the last weekly situation update issued by the Tulsa Health Department and Oklahoma State Department of Health regarding this investigation. Subsequent media releases related to the public health response to the infection control practices of the Dr. W. Scott Harrington dental surgical practice will be issued as needed and at the conclusion of the epidemiological investigation.

Thursday, June 27, 2013

Antoine Dental Centers Creditable Allegation of Fraud (CAF) Hearing

If you haven’t read part 1 of “Ho” Down in Texas I suggest you do so before continuing. Read it here

The group calling themselves Texas Dentists for Medicaid Reform posted only two cherry picked depositions on their website in relation to the Antoine Dental Centers State Office of Administrative Hearings(SOAH).  TDMR again portraying the fraudsters as victims, just like they tried to do with Harlington Dental.  Posted on the TDMR website were Dr. Larry Tadlock’s deposition and Jack Stick’s deposition.  Dr. Tadlock was the expert witness for the state.  Mr. Stick is the Director of Enforcement at OIG. You can catch up on TDMR here.

I guess TDMR didn’t want people to read the actual hearing transcripts, and I can certainly understand why.

 

Texas cracking down on unnecessary dental treatment

FrotnlineTexas Law Cracks Down on Unnecessary Dental Treatments

June 27, 2013, 11:55 am ET by David Heath Center for Public Integrity

A new Texas law will give regulators more power to crack down on dentists performing unnecessary treatments, especially on children.

A spokesman for the bill’s author — Republican State Rep. Lois W. Kolkhorst of Brenham, Texas — said the law came about largely because of a joint investigation by the Center for Public Integrity and PBS Frontline. The investigation revealed a pattern of questionable practices by Kool Smiles, a chain focused on Medicaid-provided dental care for children. The spokesman also credited independent reporting by Dallas station WFAA-TV on Medicaid fraud.

The joint investigation by the Center and FRONTLINE, titled Dollars and Dentists, quoted former employees who alleged that dentists at Kool Smiles were encouraged by company production standards to put more expensive stainless-steel crowns, rather than fillings, on cavities in baby teeth. Kool Smiles denies those allegations.

“As a mother of two children, I was shocked to learn that in 2010 there were estimated to be over 15,000 Texas children who were given inappropriate dental care, including braces on baby teeth,” Kolkhorst said in a statement.

Kolkhorst said only one dentist has had his license revoked for Medicaid fraud or patient complaints in the past two years. “That’s just not acceptable,” she added.

The law beefs up the ability of the state dental board to investigate complaints. It also gives parents the right to be in the room with their children while they are at the dentist.

In addition, dentists working for corporate dental chains are required to report information about the chains to the dental board. Currently, the state maintains no information about dental chains.

Gov. Rick Perry signed the bill last week. It takes effect on Jan. 1.

Watch Dollars for Dentists

Wednesday, June 26, 2013

Dental crisis continues according to Pew

Fantastic!(sarcasm) yet another Pew report.  This time they are attempting to divert their support from Medicaid corporate dental fraudsters to Midlevel Dental Providers (MLP), but none the less, there is still a crisis!  Funny thing about this, these MLP’s are mostly employed by corporate dental fraudsters too.

Pew Report

Thursday, June 13, 2013

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

Posted: 06/12/2013

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

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

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

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

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

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

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

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

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

Friday, June 07, 2013

Shifting Income is Shifty Business

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

Peter J Reilly, Contributor

imageDental Management Company Did Not Do Any Managing

6/07/2013

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

Let’s Have An ESOP

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

The solution was to form a dental management company:

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

Thursday, June 06, 2013

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

Ex-dentist pleads guilty in $20M Medicaid scam

Dr. BicuspidBy DrBicuspid Staff

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

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

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

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

Continue reading at Dr. Bicuspid

RELATED

Dr. Gary Anusavice – Select Dental Woes May 2008 

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

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

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

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

Dr. Gary Anusavice – Rosewood Dental Woes October 2007

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

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

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

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

Monday, June 03, 2013

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

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

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

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

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

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

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

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

Thursday, May 30, 2013

Dr. Li Lu Skelton Jan-May 2013 Malpractice Lawsuits

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

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

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

 

Related:

Group complains about Texas dentists

Monday, May 27, 2013

Dental Medicaid Fraud and Drug Cartels–The Connection In Texas

RioGrandGardianHealth

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

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

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

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

Tuesday, May 14, 2013

Smiles Starters Dental Centers Under Fire AGAIN!

Raligh - Durham ABC News

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

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

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

 

End of EyeWittness ABC Channel 11 Report


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

What they couldn’t tell you in the report:

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

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

Thursday, May 09, 2013

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

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

May 3, 2013

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

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

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

Monday, May 06, 2013

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

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

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

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

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

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

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

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

Friday, May 03, 2013

Next week on DTM – Dr. Joel Berg

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

Saturday, April 27, 2013

Reports of Heartland Dental letter writing campaign opposing DSO regulation

Texas legislators are attempting to regulate the operation of Dental Service Organizations (DSO’s), currently operating secretly in the state.  At the very least lawmakers want them to register as doing business in their state. 

At public hearings in March 2012 lawmakers were shocked to hear members of the TSBDE say they didn’t have a clue how many dental clinics were operating in the state. The TSBDE also admitted they were oblivious as to who owned any dental clinics in Texas.  That’s right, the same clinics where licensed (or not) dentists perform medical procedures on Texas citizens, the TSBDE didn’t know who owned any of them – be it an actual dentist, a group greedy investors or a teacher’s union in Canada, i.e. Heartland.  Further, no one seemed to care until it was pointed out the hundreds of millions of dollars being stolen from the Medicaid program. 

HB 151 attempts to change that, but HB 151 hasn’t moved since February 21, 2013 – has rigor mortis set in?

During at least 2 hearings since last March – the last earlier this month - the DSO’s have sent stooges to testify.  Under oath, they have declared there is nothing shady going on.  The most laughable happened last Fall, when Diane Earle of NCDR/Kool Smiles was nearly laughed out of the chamber. Ok, few actually laughed out loud, but she did receive a “bless her heart” type dismissal.  NCDR/Kool Smiles Dental is owned by FFL Partners in San Francisco. see video.

In an attempt to keep the bones buried, NCDR/Kool Smiles seldom misses the opportunity to remind employees (past and present) of confidentiality agreements they signed when they began their employment with the company.  i.e. letters of intimidation and threats of lawsuits.

The DSO’s are fighting back. They don’t want any government agency to know they are doing business in any state, let alone the degree of shadiness.

Wonder why that is, exactly? I’ll tell you why, because they know they are operating multi-million dollar illegal businesses. When you have nothing to hide, you hide nothing, right?

The latest report of DSO’s fighting back is Heartland Dental “requesting” their dentist send letters to lawmakers opposing any regulations requiring DSO’s to register with any government body.  So lawmakers – in any state or in Washington - if you are suddenly receiving letters from dentists opposing DSO registration, take their name and address, they work for one!

Thursday, April 11, 2013

Aspen Dental Marion, IL - Oops!

The latest rumor out of Aspen is a dentist at their clinic in Marion, IL pulled all of a patients bottom teeth, when patient was scheduled to have upper teeth pulled. Oops! This supposedly happen April 9, 2013. Dentist instructed office staff to forge and fake some documents saying he found they all needed pulling after he started. The patient was under conscious sedation and wouldn't remember clearly. Lets see if his gamble pays off.



Children at risk of disease after needle sharing with dentist who committed suicide?

Anyone realizing the “patients” are little children?  Anyone realizing the intravenous sedated patients are at risk because the needle was probably in the dentist’s arm then in child’s?  Or are people realizing it, just not saying it?  Anyone asking why this has been known for so long and patients are just now being alerted?  Someone besides me should be asking.  I’m getting tired of being the only one asking the hard questions! I’ve been asking for well over 5 years!!

 

 

abcABC News(NEW YORK) -- The Arkansas Department of Health announced this week that it would contact the 100 patients of the late Dr. William Jarrod Stewart as they may have been exposed to "infectious material," but the state dentistry board says it's not clear the dentist did anything wrong.

Patients were treated with the intravenous painkiller meperidine -- known as Demoral -- between Nov. 20, 2011 and Feb. 20, 2012.  Stewart committed suicide on Feb. 29, 2012 at age 40 shortly after he lost his job, according to his father.
"Anybody around him would tell you he was a great dentist," Stewart's father, Larry, told ABC News.  "He just had a problem with drugs. That's mainly what caused all this."
Stewart had issues with substance abuse in the 1990s when he was living and practicing dentistry in Louisiana, and he eventually surrendered his dentistry license there, said Arkansas Board of Dentistry attorney Bill Trice. 
After completing a rehabilitation program in 2000, Stewart asked for a dentistry license in Arkansas.  It was granted on the condition that he complete a five-year program with daily drug testing.
Stewart was drug-free for the full five years, but he relapsed and had to complete the five-year program again, Trice said.  In 2010, Stewart completed the program a second time.  For the next two years, the dentistry board didn't hear about any problems.
Ocean Dental, which owned several clinics where Stewart worked, asked Stewart to take a drug test on Monday, Feb. 20, 2012, after he appeared to be impaired during Sunday communications with Ocean Dental employees.  He was told he would be fired immediately if he refused, but he refused anyway, according to a statement from Ocean Dental.
The dental board did not know why Stewart was fired, Trice said.
Then, Stewart committed suicide by overdosing on drugs on Feb. 29, 2012, according to Pulaski County Coroner Gerone Hobbs.
Six months later, in August, the Drug Enforcement Agency got a complaint from a former employee of the dental clinic where Stewart worked, prompting the agency to visit the clinic, Trice said.  Investigators found evidence that two vials were tampered with, but they didn't find evidence of any disease.
Trice, who has been a prosecutor on behalf of the dentistry board since the early 1980s, said he's not convinced Stewart contaminated any drugs.
"They've got all these isolated facts out there, but I'm not sure the dots connect," Trice said.
DEA spokesman William Bryant said two separate sources called to say the single doses of these drugs were compromised.  The second call came in as late as last week, he said.
Stewart's former patients were advised to seek tests for blood borne diseases like HIV and hepatitis b, but Larry Stewart said his son was tested and the results were negative.  Given the length of time between the death and the announcement, he said he felt his son's name was "truly smeared."
"We feel like we've been violated," Larry Stewart said.  "These things would have already come to light if there had been any diseases, yet they took it upon themselves to put it out to the public nationwide 13 months after the fact."
The Arkansas Department of Health was notified eight days ago, but it needed the time to determine how best to inform patients and convey the low level of risk, according to state epidemiologist Dr. Dirk Haselow.
"We definitely believe that people needed to be notified," Haselow said.  "No one else in those facilities had sedation privileges, therefore no one else had access to those medications."

Wednesday, April 10, 2013

Arkansas Dental Patients Possibly Exposed To Infectious Materials By Doctor William Jarrod Stewart

huffThe Arkansas Department of Health warns that approximately 100 patients who visited Dr. William Jarrod Stewart for dental treatments during a three-month period may have been exposed to "infectious materials," and it advises these patients to get blood tests.

According to a release on the department's website, Stewart worked at six different Ocean Dental locations in the state from Nov. 20, 2011, to Feb. 20, 2012. It is suspected that some of the drugs Stewart administered intravenously to patients may have been contaminated. Patients who received medicine orally are not thought to be at risk at this time.

ABC News notes that Dr. Stewart, who reportedly had a history of substance abuse, died just nine days after the three-month period that health officials are concerned about. In a statement obtained by ABC, Ocean Clinics said the following about the scare:

Although Ocean Dental is not aware of any information indicating that Dr. Stewart had any infectious disease, and no reports have been received about any of these patients contracting any infectious disease, the Arkansas Department of Health is recommending that these patients be tested as a precaution.

The cause of Stewart's death has not yet been revealed, but a health department official told the Associated Press that it was not from an infectious disease.

"We have no reason to believe that anyone is at risk of a particular illness," state epidemiologist Dirk Haselow told the AP. "We are just notifying people because this situation is highly unusual and we don't know what we don't know."

The AP also reports that authorities discovered after Stewart's death that medicine under his license had been tampered with. Patients who saw Dr. Stewart will be tested for hepatitis B, hepatitis C, HIV and syphilis as a precaution.

Though the spread of disease in dental offices is considered rare, the news of Stewart follows a highly publicized case that surfaced just a few weeks ago in Oklahoma, where a dentist may have exposed as many as 7,000 patients to HIV and hepatitis by not using properly sterilized tools.

Last summer, a dentist in Colorado was found to have been reusing needles on different patients.

Worried about your next visit to the dentist? CNN offers a guide for patients who want to protect their health and check up on their dentists' office sanitation habits.

Tuesday, April 09, 2013

Dr. Michael Goodwin gets 50 months in prison

CP orthodontist gets 50 months in Medicaid fraud scheme

An Amarillo orthodontist has been sentenced to more than four years in prison for health care fraud.

Dr. Michael David Goodwin was sentenced Tuesday to 50 months in federal prison and ordered to pay more than $1.8 million in restitution.

The 63-year-old Goodwin pleaded guilty in December 2012 to one count of health care fraud related to the Texas Medicaid program.

Court documents show that Goodwin devised a scheme to defraud the Texas Medicaid program by billing the program for more than $2.6 million for services which he claimed to provide, but were either not medically necessary, or were provided by dental assistants.

Ocean Dental–Stillwater, Oklahoma - Dentist Dies After Possibly Exposing Patients–Dr. William Jarrod Stewart

Well, this story is finally getting some media attention.  However, the story being told is not necessarily they story I’ve heard.  Dr. Stewart committed suicide last February, the day after being fired by Ocean Dental.  He may have been fired, but Ocean knew full well of his problems. I’m hearing Ocean has been wiping hard drives and shredding documents trying to cover up how much they know and how long they knew it.  At issue, as I’m told, is Dr. Stewart’s heavy drug use that was commonly known by Ocean Dental and co-workers.  He did most of the sedations for Ocean Dental, however, the patients might not have been getting the drugs…know what I mean? 

I also am told the DEA has been on this case for some time..like well over a year!


Dentist Dies After Possibly Exposing Patients

Posted on: 12:22 pm, April 9, 2013, by Larry Henry and Shain Bergan, updated on: 03:58pm, April 9, 2013

5newsArkansas health officials are recommending that patients of an Arkansas dentist who died last year, including some patients of the Ocean Dental clinic in Fayetteville, undergo free state blood tests for possible contamination by an “infectious material.”

In a news release on Tuesday (April 9), the Arkansas Department of Health said it is contacting about 100 patients from ages 14 to 22 treated by Dr. William Jarrod Stewart at six dental clinics around the state between Nov. 20, 2011, and Feb. 20, 2012.

Stewart, 40, died February 2012, officials said.

By letter and telephone, the state is contacting patients who received IV medication delivered into a vein at these clinics: Ocean Dental clinics in Fayetteville, Fort Smith, Hot Springs, Jonesboro and Little Rock, and Bevans Pediatric Dentistry in Little Rock.

No one treated at the Fort Smith clinic has been identified as being at risk, the news release states.

The state, seeking the blood tests based on information from the U.S. Drug Enforcement Administration, “has concluded that some of the drugs used by Dr. Stewart may have been contaminated with infectious material,” according to the news release.

Ocean Dental released a statement later in the day, saying state representatives are contacting 84 patients, including 68 Ocean Dental patients, who received IV sedation drugs from Stewart and may have been exposed to infectious diseases.

Friday, April 05, 2013

News recaps on Wayne Scott Harrington, DDS

Dentist in HIV probe is taking allegations seriously, his attorney says
Tulsa World
"His previous record with the dental board is impeccable. He is taking the recent allegations very seriously and is fully cooperating with the Oklahoma Dental Board. At this time, out of respect for his patients and the sensitivity of the issues, Dr ...

Former Patient Wants Apology From Tulsa Dentist Under Investigation
News On 6
The Tulsa dentist accused of potentially exposing thousands of patients to HIV and hepatitis spoke out through his attorney Thursday. In a statement, Dr. W. Scott Harrington's attorney said, "his previous record with the dental board is impeccable. He ...

Witnesses needed to build case against Tulsa dentist in HIV, hepatitis scare
Tulsa World
Dentist's attorney puts out brief statement. "His previous record with the dental board is impeccable. He is taking the recent allegations very seriously and is fully cooperating with the Oklahoma Dental Board." ...

Thursday, April 04, 2013

Plainview Dentist Sentenced in Medicaid Scam

plainview patchState investigation results in 1-3 year sentence for Lawrence J. Bruckner, owner of Brooklyn practice.

APRIL 4, 2013 – Plainview, NY - A Plainview dentist with a practice in Brooklyn has been sentenced to 1-3 years in jail after a joint state audit revealed he had engaged in a fraudulent Medicaid practices.

Lawrence J. Bruckner, 63, of Plainview, will also have to pay some $700,000 in restitution, New York State Comptroller Thomas P. DiNapoli announced Thursday.

DiNapoli's joint investigation with Attorney General Eric T. Schneiderman revealed that Bruckner's worked with five affiliated dentists who took in nearly $7 million in Medicaid payments from 2007 to 2011, at least $2.3 million of which was likely fraudulent. The practice was based largely on the illegal recruiting of Medicaid recipients and billings for services never rendered, DiNapoli's office said.

“Medicaid fraud exploits our most vulnerable citizens at taxpayer expense,” DiNapoli said. “By driving out cheaters, we can reduce burgeoning health care costs and ensure proper treatment for those in need."

Wednesday, April 03, 2013

Texas House Committee on Public Heath Disappointing

The Texas House Committee on Public Health held hearings today on several bills before the legislation. HB 1480 - regulating DSO's was held this afternoon.

If you missed the live stream of this afternoon's session, you missed a fun time had by all. It was a carnival with something for everyone.

Someone representing Heatland Dental pulled a "Joe Wilson" when they yelled out "that's not true" when it was mention the Ontario Teacher Union now owned Heartland Dental. Heck, Heatland Dental issued press releases out the wazoo about the sale. Maybe the Heartland Dental stooge at the hearing was the one who was clueless.

Sadly if i had to pick a winner, I would say it were the well represented DSO's, which included some new poster children, including Dr. Jacob Dent. Not because of their evidence or testimony, but because it seemed the committee members had been sipping on some Kool Aid.

The most disappointing was hearing the committee Chair's about face on DSO's. It was a far cry from Rep. Lois Kolkhort in March of 2012. My, my, what a difference a year and millions of dollars in well placed lobbyist spending can make.

Last year she was irate at things she said her own research team discovered. Today those same issues were questioned by her and the committee as being overblown by those testifying.
There were glimmers of hope, when late in the day a young dentist testified that her DSO had quota's she was required to make. That's when I did see a tiny glimpse of the repulsed 2012 Rep Kolhorst.

Not sure where this late show of rage came from, since the committee had been told this at least 10 times since the lunch recess.

At 5:35 PM there was testimony about sound proof rooms - carpet on the walls- and dentists using papoose boards. Someone on the committee refused to believe any such things happen and stories about such are sensationalized! This member probably believes in the tooth fairy too!

Just a guess, but HB 1480 is dead and today was for the public to justify their pending
burial of the bill.

See video and audio at the House Website
See the video and audio at Texas House Website

Monday, April 01, 2013

Dr. Scott Harrington's dirty deeds go beyond sanitation


Dental assistant in hiding - Oklahoma dirty dentist leaves assistant exposed as well
kjrh.com
Terri Valega is accused of sedating patients without a license, according to a complaint filed by the Oklahoma Board of Dentistry. Attempts to locate Valega have been unsuccessful. "I am supporting her because she's an honest person," said neighbor ...
Read more - video included

Saturday, March 30, 2013

More coverage of Oklahoma dentist–Dr Wayne Scott Harrington and ADA Statement after Oklahoma dentist declared a menace to public health

7000 dental patients may be at risk for Hepatitis and HIV
Examiner.com
The Tulsa, Oklahoma oral surgeon is now under investigation by the state dental board, the state bureau of narcotics and the federal Drug Enforcement Agency because one of his patients recently tested positive for hepatitis C and HIV without known risk ...

Dentist's office a 'perfect storm' for HIV, hepatitis exposure, health ...
CNN
An official complaint filed before the state dental board described the violations, including "multiple sterilization issues, multiple cross-contamination issues, (and) the drug cabinet was unlocked and unattended." There were no logs of inventory for ...

AP Top Stories March 29 p
USA TODAY
Here's the latest news for Friday, March 29: Oklahoma dental board may institute routine inspection; UPS pays $40M to end online pharmacies probe; Conn. officials seek info from Newtown charities; Man jumps onto subway tracks to rescue stranger.

Oklahoma Dentist Could Face Criminal Charges
East Idaho News
Rogers said investigations by the state dental board, the state health department, the state bureau of narcotics and the federal Drug Enforcement Agency are just getting underway. Although she has not yet submitted documents to the Tulsa District ...

Dentist Offices Not Routinely Inspected, Oklahoma Official Says
News On 6
That's why the idea of an assistant administering IV drugs to patients is so outrageous to the Dental Board. "Allowing an assistant who's never been to school or training is unheard of and is completely unacceptable," executive director of the Oklahoma ...

OSDH: Testing Important, but HIV, Hep B & C Spreading in Offices Rare
KGOU
Oklahoma's dental board says it may start promoting routine inspections of dental and oral surgeon clinics. Health officials in Tulsa are setting up free testing clinics for 7,000 dental patients who may have been exposed to the virus that causes AIDS ...

State Board Says Tulsa Dentist's Practice Was Unsafe Unsanitary ...
Until now, state health officials say the dentist has never had a complaint, and say the allegations against him now are unheard of.


 

 

Friday, March 29, 2013

As many as 7,000 Oklahoma patients could be in danger of infection

Tulsa-area patients potentially exposed to hepatitis, HIV at Dr. Scott Harrington's dental practices

Posted: 03/28/2013

    TULSA - Officials with the Tulsa Health Department and the Oklahoma State Department of Health are in the process of notifying around 7,000 patients of a local dental practice they may have been exposed to blood-borne viruses.

    During a press conference Thursday, local and state health officials as well as the Oklahoma Board of Dentistry released details surrounding the investigation, which revealed inappropriate infection control practices at the dental offices of W. Scott Harrington, D.M.D. and officials say Harrington put patients at risk for hepatitis B, hepatitis C and HIV.

    Investigators were first tipped off to Harrington's office after one of his patients contracted HIV and hepatitis C  It was ultimately traced back to the dentist.

    Further inspection revealed a lack of sterilization, illegal administering of IVs by dental assistants, even a vial believed to have expired 20 years ago in an unlocked drug cabinet. 

    Despite health officials' discovery, Susan Rogers, executive director of the Oklahoma State Board of Dentistry, emphasized the importance of remaining calm while maintaining the gravity of the accusations.

    "I don't believe he had any idea there was anything bad happening," she said. " ... (It's) absolutely one of the most serious cases we've ever had."

    Tulsa City-County Health Department Director Bruce Smart echoed Rogers following the announcement.

    "We know it's very, very rare. It doesn't happen easily, but the fact that there has been unsafe practices, we never know if transmission could occur," he said.

    Patients who were treated at either of Harrington's dental practices -- located at 2111 S. Atlanta Pl. in Tulsa and 12806 E. 86th Pl. N. in Owasso -- since 2007 will receive letters from health officials and are encouraged to undergo testing for Hepatitis B, Hepatitis C and HIV.

    The Tulsa Health Department's North Regional Health and Wellness Center at 5635 N. Martin Luther King Jr. Boulevard is performing free tests on a walk-in basis Saturday, March 30 from 10 a.m. to 2 p.m. and Monday, April 1 from 8 a.m. to 6 pm. The health department has also set up a hotline at (918) 595-4500 for people with questions.

    Officials say patient information was only available for the past seven years: therefore, patients seen by Harrington before 2007 may not receive letters. Anyone with additional questions may call the hotline.

    Harrington, who the state says has been practicing dentistry since 1977, has voluntarily closed his doors while officials conduct the investigation. A hearing is scheduled for April to determine his dental future.

    The Tulsa Health Department will continue to provide updated information on their website at www.tulsa-health.org  (http://bit.ly/TulsaHealth).

    SEE STATE'S COMPLAINTS

    Read more: http://www.kjrh.com/dpp/news/local_news/tulsa-area-patients-potentially-exposed-to-hepatitis-hiv-at-dr-scott-harringtons-dental-=

    None


    Related:

    Ohio Veteran Administration Clinic – 9 test positive for hepatitis – March 2, 2011

    Colorado dentist may have infected patients with HIV – July 13, 2012

    Oklahoma authorities say there may be as many as 100 victims in dental scam - September 5, 2012

    Monday, March 25, 2013

    Dr. Bicuspid reports on Arizona Mobile Dental Bill HB 2426 and ReachOut Healthcare America

    At the end of their story are consent form examples.

    Arizona bill would increase oversight of mobile dental services
    By Donna Domino, Features Editor

    Dr.-Bicuspid4March 25, 2013 -- Arizona is considering a bill designed to provide more oversight of mobile dental service providers who provide prophys, irreversible procedures, and other dental treatment for children at the kids' schools. 


    State Rep. Doris Goodale (R-District 5) has introduced HB 2426, mobile-units_thumb2which would require double parental notification before a mobile dental unit can provide treatment to children: one for routine cleanings and sealants, and a second for irreversible procedures such as restorations or extractions.

    Lee Weinstein, DMD, a Scottsdale pediatric dentist and a member of the Arizona Dental Association who helped write the new legislation, said efforts to increase oversight of mobile dental providers gained momentum following complaints by the parents of Isaac and Joel Gagnon, who received dental treatment at their school in 2011. Four-year-old Isaac was given two pulpotomies and two stainless steel crowns, and his brother Joel received an "excessive" number of x-rays.

    Wednesday, March 20, 2013

    MDDR pandemic spreading

    A pandemic in dentistry has broken out here in the US.  Now reported in Indiana, it has also broken out in several other states including Oklahoma and Texas.  By no means is this pandemic an accident; personnel in some dental offices are having weekend hoedown type events designed specifically to maximize its effectiveness.  Who are the victims?  You and I!  Is there a test for it, you bet!  Is there a cure?  That is yet to be seen.

    What is MDDR
    You have probably never heard of MDDR.  Not wanting to wait for some official someone or  media personality to give it a catchy name and acronym, I did it myself.  Today I proclaim MDDR is Mass Destruction of Dental Records.  (I don’t think I  have to have some type of official ceremony so I’ll check on that later.)

    Officials in states, such as Texas, who are searching for evidence of this pandemic might want read this story out of Indianapolis concerning a breakout of MDDR.


    13news

    Posted: Mar 18, 2013 7:06 PM CDT Updated: Mar 20, 2013 10:09 AM CDT

    By Bob Segall - bio

    INDIANAPOLIS, IN - Thousands of patient records found by our 13 Investigates team are now in the hands of state investigators.

    Late Tuesday afternoon, special agents with the attorney general's office picked up boxes loaded with thousands of sensitive, personal documents. We found the sensitive information dumped at an Indianapolis church parking lot.

    Recycling is a great idea, except when it's private patient information being recycled in a public recycling bin. 13 Investigates got a call to a recycling dumpster in the parking lot of a south side church after the church secretary noticed something strange inside.

    dumpster dental records"Oh, my goodness, what do we have here? It's appalling. Somebody thought they could drive here and dump it and not get caught," said Elizabeth Fox, Olive Branch Christian Church.

    What we discovered inside the dumpsters were thousands of patient files all containing names, addresses, phone numbers, birthdates, Social Security numbers, X-rays, medical histories, dental information, credit card numbers and more.

    13 Investigates loaded up the files - nearly 7,000 of them - and brought them back to our studio to figure out where they came from. It turns out all of the records are from two dental clinics - Comfort Dental offices in Kokomo and Marion.

    The Comfort Dental offices in Marion and in Kokomo are now closed. The dentist who ran these offices lost his dental license because of fraudulent billing. Now, a year and half later, more bad news for his patients.

    Janet Christie is shocked to learn her family's dental records and private information were just dumped instead of being destroyed.

    "That's us. Wow," she said, shaking her head in disbelief. "I'm disappointed. I'm angry. This is just very upsetting. I can't believe it. I wouldn't think it would ever happen to me."

    Ben Moses feels the same way after we found all of his family's dental records inside the dumpster.

    "This was a shock to say the least," he said. "It seems like anybody could have walked by, seen what was in there and walked off with my personal information. I would expect information like this to be shredded, to be disposed of properly," said Moses.

    Friday, March 15, 2013

    Arizona Mobile Dental Statue–A look back, and peek ahead

    At a February 4, 2011 meeting, discussions were held on HB 2233, a Bill introduced by Representative Doris Goodale (R-Kingman) to regulate Mobile Dental Facilities in the state. A stakeholder’s meeting had been held just prior to the meeting; attendees included the dental board, AHCCCS, the Arizona Dental Association and Dr. Ralph Green. The minutes of that meeting said Dr. Green was representing “one of the mobile dental units”. We know that to be ReachOut Healthcare America.
    At the stakeholders meeting, held prior to the February dental board meeting, two amendments had been brought forth for HB 2233. The first added a verbal “informed consent”. This would mean the consent for treatment could be given over the phone as long as it was recorded and stored. It also provided two distinct levels of consent; level one authorizing preventative and diagnostic services and the other level for actual treatment.
    The second amendment eliminated the two levels of consent in amendment #1 and provided for an audio recorded informed consent, which included a section that redefined the meaning of “informed consent” in Arizona.
    At the February 2011 board meeting lobbyist Stuart Goodman said “not to forget the art of politics – taking the ideal and making sacrifices for what is achievable. He also stated, “Bills that add more legislation do work as long as there is consensus among the parties. If there is not consensus, the members start looking for excuses and public safety aspects tent to get lost in the shuffle.”
    Goodman recommended a hybrid of the two amendments. He wanted the board to removed the word “permanently” that was included in the original bill that had to do with the “recorded and stored” language it contained. Goodman requested the board move quickly deciding on the language as he was feared the Mobile Dental Bill would be pulled, citing “mobile dentistry would go unregulated another year.” Mr. Kevin Earl, executive director of the Arizona Dental Association, was more concerned about whether a copy of the recording would get submitted to the board if a patients records were subpoenaed. Upon MOTION by Dr. Waite and second by Dr. Morrison, the board gave Stuart Goodman the authority to modify the wording but hold off on modifying the definition of informed consent. They also wanted to meet again with Goodman in another stakeholders meeting and see if they could come to some sort of agreement. 
    At the Arizona House Committee on Health and Human Services meeting February 16, 2011, Ralph Green’s lobbyist Gregory Harris signed up in support of HB 2233 but did not speak.
    http://www.azleg.gov/legtext/50leg/1R/comm_min/House/021611%20HHS.PDF
    The governor signed the Bill into law April 16, 2011. There was no two tiered approach to consent for treatment included in the final legislation that went into effect January 1, 2012. (Full Text of HB 2233)  ReachOut and Ralph Green, DDS won that battle.
    32-1299.25. Informed consent; information for patients
    A.  The permit holder of a mobile dental facility or portable dental unit must obtain appropriate informed consent, in writing or by verbal communication, that is recorded by an electronic or digital device from the patient or the parent or guardian of the patient authorizing specific treatment before it is performed. The signed consent form or verbal communication shall be maintained as part of the patient's record as required in section 32-1264.

    Thursday, March 14, 2013

    DA Craig Watkins in Contempt of Court–Richard Malouf fiasco

    DALLAS — It's no secret that a Dallas Judge has cited District Attorney Craig Watkins for contempt in a case involving one of his biggest campaign donors.

    But News 8 has learned the FBI began investigating Watkins 20 months ago in an investigation that included another campaign donation.

    It was July 13, 2011. FBI agents came to Craig Watkins' 11th floor courthouse office with subpoenas and questions.

    Part of the investigation: A $10,000 campaign donation from the wife of Dallas dentist Richard Malouf.

    "They did come, and they asked to see all the files involved," assistant DA Rocky Jones told News 8.

    The DA's office had previously conducted an investigation of Malouf which ended in a $46,000 settlement.

    "They did take copies of several things," Jones said. "We didn't know what they took copies of."

    News 8 has learned that in December 2009, Richard Malouf's attorney Gregory Shamoun presented Watkins with three campaign checks.

    The largest — $10,000 — was from Leanne Malouf, Dr. Malouf's wife. After receiving the donation, Watkins was asked to come to Shamoun's office for a meeting.

    Malouf was there, asking to talk about a criminal investigation in which he was the target. Watkins left the meeting immediately, his office saod.

    Watkins' campaign returned the Malouf donation with a check drawn from his campaign funds.

    What might surprise many voters is how much money goes to judges and district attorneys at Texas courthouses, and how often it happens.

    "You have in Texas judges [who] routinely accept campaign contributions from people who are going to appear before them the next day," said assistant Dallas County DA Heath Harris.

    Harris says it's up to judges and district attorneys not to let the donations sway their judgement.

    "You have judges who take campaign contributions from lawyers. Lawyers are representing Joe Blow," Harris said.

    "Joe Blow," Harris says, may have a case in the judge's court.

    Shamoun, Dr. Malouf's attorney, was not available for comment.

    The FBI doesn't talk about investigations.

    According to The Dallas Morning News and the Associated Press, the FBI is investigating Watkins again for donations from another attorney.

    Although there is nothing illegal about attorneys making donations to judges or district attorneys, some lawyers say the system itself needs to be investigated.

    E-mail bharris@wfaa.com