WAVY TV to air “Deadly Dangers at the Dentist Office”–May 14, 2012

David Culver of WAVY 10 TV reports on the deadly dangers at the dentist office. Full piece to air on Monday, May 14, 2012 starting at 5:00 PM. Please watch and share.

What a waste of 1042 words about a precious child–Amazing of how the victim remains on trail and never the Dental Boards or the dentist at fault.

On May 5, 2012 Kevin Rector of the Baltimore Sun devoted 1042 words to an article questioning the mental and emotional health of Jenny Olenick who died April 6, 2011during a sedation procedure to extract 4 3rd molars (wisdom teeth). Jenny was  17 years old. One has to wonder who actually wanted that many words devoted to this case, it certainly wasn’t Jenny’s mom, Cathy Garger. I doubt the writer was actually monitoring the civil case in the courts, so who handed over this piece to Rector? I doubt it was an idea from the bankrupt media conglomerate Tribune newspapers, which is the Chicago Tribune, Los Angeles Times, WGN TV and others. Whoever it was, should have thought more about it and made another choice. Below is the link to the article.

By Kevin Rector, krector@tribune.com May 3, 2012

Lawyers question Olenick's health prior to surgery death

I’ve spoken with Cathy and the article from Mr. Rector cut her to the core.

Thank goodness someone in Cathy’s community spoke up and thank goodness the Baltimore Sun published the “Letter to the Editor”.

Letter to the Editor:

Lawyer's assertions in dental death lawsuit 'ridiculous and insulting'

May 13, 2012 | 2:22 p.m.

My heart goes out to the family of Jenny Olenick, who by all accounts was a talented and wonderful teen. The May 5 article detailing events surrounding the filing of a malpractice suit, "Lawyers question teen's health before death," got my attention for several reasons.

To imply that pre-exiting conditions, such as stress, anxiety and heart disease would have contributed to or caused her death seem far-fetched. As reported in the article the autopsy report found "no evidence of a physical process, like cardiomyopathy having occurred," according to the state's chief medical examiner. Regarding the premise of "undisclosed medical conditions," the article states that Ms. Olenick had a medical evaluation and was "cleared" for anesthesia and surgery.

FINALLY, someone asking Church Street Health Management to “prove it”, “fork it over”, “show us from where the money comes” and more.

Bankruptcy Watchdog Protests Wind-Down Process Of Small Smiles

Katy Stech May 11, 2012 (c) 2012 Dow Jones & Company, Inc.

A federal court watchdog wants to put a hold on the $25 million sale of the operator of Small Smiles Dental Centers to a private equity firm--a deal that a bankruptcy judge has yet to approve--until the Tennessee-based chain sheds light on its post-closing moves.

U.S. Trustee Samuel Crocker, who monitors bankruptcy court pleadings for the Department of Justice, wants company executives to be clearer about the financial professional who would take over the bankruptcy estate once distressed investor Garrison Investment Group purchases its operations on May 31, according to papers filed in U.S. Bankruptcy Court in Nashville, Tenn.

I heard the the infamous Doug Brown and Kirk Huntsman might be involved before it ends. if so, Doug Brown would be involved in more Private Equity “Medicaid dental mills” and “pull every tooth in your mouth and slap in some cheap denture” operations in the world.

The Order

Upon the motion of The Official Committee of Unsecured Creditors, by and through counsel, it is ORDERED that individuals designated by Fireman’s Fund Insurance Company shall appear for examination pursuant to Fed. R. Bankr. P. 2004 on May 16, 2012 at 9:00 a.m. C.S.T. at the offices of Baker,Donelson, Bearman, Caldwell & Berkowitz, P.C., 211 Commerce Street, Suite 800,Nashville, Tennessee 37201. 

IT IS FURTHER ORDERED that individuals designated by Fireman’s Fund Insurance Company shall produce the documents as specified in Exhibit 1 to the Committee’s counsel at the above address not later than May 15, 2012 at 4:00 p.m. C.S.T.

IT IS FURTHER ORDERED that the attorney for the movant shall serve a copy of this order on the party or counsel for the party required to appear and to the U.S. Trustee.

The attendance of an entity for examination and the production of documentary evidence are compelled in the manner provided in Fed. R. Bankr. Proc. 9016 for the attendance of witnesses at a hearing or trial.
Dated: May 4, 2012

Who wants to bet they do all they can to postpone this one?!!  LOL

Appears just about anyone can motion for a Rule 2004 Examination.

Exhibit A of Exhibit 1 – List of Small Smiles Dentist Names
I’d bet a whole crap load of these 916 dentists are on Santa’s Naughty list. No wonder I was told some of the folks in the below list are spinning in their shoes and support employees are afraid some are going to have a heart attack.

 Church Street Health Management Rule 2004 Examination and Document Request - Names of 916 Dentists Doc 319-2

Manalapan Dentist's License Revoked by State Board

“Dr. Weber violated the trust of his patients, by hiding the true nature of his relationship with the credit financing companies, and through the substandard care he provided,” said Eric T. Kanefsky, Acting Director of the State Division of Consumer Affairs. “Egregious violations such as these cannot, and will not, be tolerated by our licensing boards.”

Story here

I guess this guy didn’t know about Waller, like Richard Malouf and the folks at Church Street Health Management

Illegal immigrant tied to massive Medicare fraud gets 3 years in prison

ByBrooks Egerton/Reporter
begerton@dallasnews.com | Bio

11:52 AM on Thu., May. 10, 2012 | Permalink

A Nigerian man who lied to become a U.S. citizen has been sentenced to three years in federal prison for immigration fraud and Medicare fraud.

Plano resident Okey Nwagbara, 45, is the first person to be imprisoned for crimes connected to Medistat Group Associates -- the DeSoto business run by Dr. Jacques Roy (right), who federal prosecutors say orchestrated a record-setting home health-care fraud scheme.

Nwagbara, who owned a company in Richardson called Advanced MedEquip and Supplies, cut a deal under which prosecutors recommended letting him serve his sentences for both crimes simultaneously. U.S. District Judge Sam Lindsay agreed to this in assessing punishment Monday.

The defendant had asked for an even more lenient sentence. Prosecutors objected last month, calling Nwagbara "a fraudster of the highest order" whose immigration fraud "merely laid the groundwork for his next fraud scheme: accessing Medicare and stealing as much as he could without getting caught."

When pleading guilty in January, Nwagbara admitted paying kickbacks to Roy employee Jerry C. Bullard in exchange for business.

"Upon receiving cash payments from Nwagbara, Bullard would sign 'JRoy MD' on Medistat prescription pads, durable medical equipment information forms (DIFs) and 'Certificate of Medical Necessity' for enteral nutrition products falsely indicating among other things that the beneficiary required tube feeding," according to a summary of facts signed by Bullard. He has also pleaded guilty to Medicare fraud and faces sentencing June 4.

Read the rest of the story here

The $700,000 cure for Church Street Health Management

This morning at 9:00 a hearing was to be held in Nashville Bankruptcy court whereby Church Street Health Management, LLC was asking the court to modify the final Debtors In Possession (DIP) Order and to reschedule the closing of the sale of Church Street Health Management ,LLC to CSHM, LLC. They want to set it for May 31, 2012 instead of May 30, 2012 and they want to remove a legal service agreement with King and Spalding. (lol…they are gonna miss that income!)
Church Street Health Management , LLC and CSHM, LLC are two completely different companies now, so keep that in mind from this point forward. Church Street Health Management, EEHC, LLC, FORBA NY, LLC and Small Smiles Holdings, LLC are now combined into one company, namely CSHM, LLC. At least that is what it will become when the sale closes with Garrision
In their “Assumption Notice” (Doc 301, 302, and 302 Schedule A) is listed all the contract and obligations the new buyer will assume and have possession of at closing of this Rule 363 sale. The first one filed May 1, 2012 had 14 pages of those phony Management Service Agreements with phony clinic owners and employment agreement contracts, intellectual property such as trademarks, non-compete contracts with the original founders-The DeRose-Padula family- and other miscellaneous agreement, contracts and business agreement. A new and amended Schedule A was filed the next day, May 2, 2012. Yes, there was a change, a tiny one; King and Spalding were removed as having a Legal Service Agreement with the new CSHM, LLC.
From reading the “Assumption Notice” , the new new CSHM, LLC will only “assume” a little over $700k ($707,399) (see assumptions and "cure" amounts here)of Church Street Health Management, LLC, EEHC, LLC, FORBA, NY, LLC and Small Smiles Holdings, LLC $23,607,147.40 of debt. (According to Form 1 Schedule F here-Doc 213, starting on page 51)
Suspiciously missing from the debt the new buyer would now assume is $4,911,378 listed as still being owed to several states on a March 23, 2012 report. (Here on page 51)
BTW, who were those $10,000 loans made to that were listed on the March 2012 expense report?! Who loans money when they are broke? (see here on page 6)

These things seldom work as planned. Saving $5 billion sounds good, but not if it will loose $50 billion from additional fraud. There must be an algorithm for this?

Didn’t they report in February they recovered $4 billion in fraud in 2011. That’s $4 billion that escaped from the hands of CMS, right?

FOR IMMEDIATE RELEASE
Thursday, May 10, 2012

HHS finalizes new rules to cut regulations for hospitals and health care providers, saving more than $5 billion
Changes will reduce costs and allow more focus on medical care

[Reduce costs for whom? I’ve heard this for years now, and my costs keep going up, how about yours?]

Today, Health and Human Services (HHS) Secretary Kathleen Sebelius announced significant steps to reduce unnecessary, obsolete, or burdensome regulations on American hospitals and health care providers. These steps will help achieve the key goal of President Obama’s regulatory reform initiative to reduce unnecessary burdens on business and save nearly $1.1 billion across the health care system in the first year and more than $5 billion over five years.

“We are cutting red tape and improving health care for all Americans,” said Secretary Sebelius. “Now it will be easier for health care providers to do their jobs and deliver quality care.”

The new rules are being issued today by the Centers for Medicare & Medicaid Services (CMS). The first rule revises the Medicare Conditions of Participation (CoPs) for hospitals and critical access hospitals (CAHs). CMS estimates that annual savings to hospitals and CAHs will be approximately $940 million per year.

The second, the Medicare Regulatory Reform rule, will produce savings of $200 million in the first year by promoting efficiency. This rule eliminates duplicative, overlapping, and outdated regulatory requirements for health care providers.

“These changes cut burdensome red tape for hospitals and providers and give them the flexibility they need to improve patient care while lowering costs,” said CMS Acting Administrator Marilyn Tavenner. “These final rules incorporate input from hospitals, other health care providers, accreditation organizations, patient advocates, professional organizations, members of Congress, and a host of others who are working to improve patient care.”

Among other changes, the final rules will:

Increase flexibility for hospitals by allowing one governing body to oversee multiple hospitals in a single health system;

Let CAHs partner with other providers so they can be more efficient and ensure the safe and timely delivery of care to their patients;

Require that all eligible candidates, including advanced practice registered nurses and physician assistants, be reviewed by medical staff for potential appointment to the hospital medical staff and then be granted all of the privileges, rights, and responsibilities accorded to appointed medical staff members; and

Eliminate obsolete regulations, including outmoded infection control instructions for ambulatory surgical centers; outdated Medicaid qualification standards for physical and occupational therapists; and duplicative requirements for governing bodies of organ procurement organizations.

To view the final rules, please visit www.ofr.gov/inspection.aspx.

AUA Private Equity Partners LLC and Topspin Partners co-investing into Brighter Dental Care; Owner-operators of clinics are brothers Todd and Scott Singer.

Have these folks not been paying attention to Church Street Health Mangement-Arcapita-CIT-American Capital-Small Smiles deal?  What about Valor Investment Partners, and Richard Malouf in Texas?!!

In coming days they will swear up and down they don’t own anything, they just give our money to folks who say have Management Service Agreements with clinics. AUA Private Equity and Topspin Parnters, you better have attorney’s look over this more carefully.

Hint: Don’t use Waller Lansden… Not until you need a sweet deal  the the DOJ, then they are your guys. Just saying… Todd and Scott, this is to you, take the money and run..fast as you can! I bet I know what you did, but do they?
AUA Private Equity Partners LLC, New York-based private equity firm, introduced the Topspin team to the deal and co-invested. The owner-operators of the company, brothers Todd and Scott Singer, retained large equity stakes in the company.
 

From the folks at PE Hub:
Topspin Partners LBO, a lower mid-market buyout shop, has made a substantial investment in Brighter Dental Care, a chain of dental practices in New Jersey, Buyouts reported earlier, citing firm Managing Director Leigh Randall .
The company’s seven practices perform general dental, periodontic, orthodontic, endodontic and oral surgery procedures, and employs a business model in which the patient spends more time with the dentist early on than is customary at a typical practice in order to plan long-term care, Randall said. The company’s enterprise value is between $10 million and $50 million, he said.

“It’s very much a ‘Let’s see what the state of your oral is,’” Randall said. “It’s not just about a getting a dental cleaning.”

Roslyn Heights, N.Y.-based Topspin typically invests $5 million to $10 million of equity in its deals, and is about 60 percent invested in its debut buyout fund, a $132 million vehicle it raised in 2007.

AUA Private Equity Partners LLC, another New York-based private equity firm, introduced the Topspin team to the deal and co-invested. The owner-operators of the company, brothers Todd and Scott Singer, retained large equity stakes in the company.
Beyond the company’s business model, Topspin was drawn to some trends favoring the dental practice industry. Estimated expenditures for dental care grew at a compound annual rate of approximately 7 percent from 1998 to 2008, and are expected to grow at a rate of approximately 6 percent over the following decade and reach $180 billion by 2019, according to the Centers for Medicare & Medicaid Services.

Why is no one putting executive officers and other key personnel from the corporate dental chains in jail? Thousands of dentists pushed by corporate executives do this hundreds of thousands times a day, and not a damn soul seems to care. So why this guy?

Dentist performed thousands of dollars worth of unneeded procedures, state alleges

By Sara Seyydin Journal Staff Writer

A Loomis State Enforcement Chief was part of a recent investigation into a Sacramento dentist whose license was suspend recently for allegedly performing procedures people didn't need on healthy teeth.

Local officials in the dental field say there are steps consumers can take to protect themselves from being victims of dental fraud.

Loomis resident Kim Trefry, enforcement chief for the Dental Board of California, said the agency received reports that Dr. David Lewis was performing thousands of dollars of complex work on patients that didn't need it.

In October he was served with a search warrant and evidence was collected from his office. Files revealed that many of his targeted patients were UPS employees because their plan covers 100 percent of dental work, with no co-pay and no cap, she said.

"We received information that he basically was doing work on sound and healthy teeth to create what would appear to be cavities in the mouth and then billing an insurance company to make repairs he had just created," Trefry said.

An insurance company and former employee alerted the board she said.
In 2006, he billed an insurance company $150,000, only to bill them $829,000 in 2010 for many procedures people did not need, she said.

Trefry said while this type of fraud is not common and Lewis has closed his practice and been placed on suspension until his hearing, there are things local patients can do to prevent this from happening to them.

Aside from ensuring a dentist has a current license and no record discipline against them, patients should ask questions she said.
"If something doesn't sound right, you ask questions; get a second opinion," Trefry said.

She said depending on the dental school someone went to they may have different opinions about how to treat something, but patients should always know what they are seeking out of any treatment they undergo.

She also advises consumers to be aware of what their insurance plan covers and what they may have to pay for out of pocket. For Auburn-area residents who may have been patients of Lewis, Trefry said they could take action in a civil case or file a complaint with the board. So many complaints have already been filed she said it may not change the outcome of the case at this point.

Cathy Murchison, dental administrator for Chapa-De Indian Health Program in Auburn, Woodland and Grass Valley, said she would start by talking to friends and family for reputable dentist recommendations and discuss each procedure before it is completed.

"That they involve you in the decision, explain it to you so you understand and also offer you options," Murchison said. "Not only just options, but the pros and the cons to either doing it or not doing it, so you are prepared."
Murchison said their may be some cases where patients would do well to get a second opinion.

"If they are going to diagnose anything that is very expensive, it is always good to get a second opinion," Murchison said. "At least that would put your mind at ease if two doctors recommend the same treatment."

No Bids

No bids for Church Street Health Management.

If same holds true for All Smiles in Texas, Michal DeRose and family of Small Smiles along with Richard Malouf and cast of All Smiles, are laughing all the way to the bank and the Private Equity firms who were mislead by counsel are crying in their beer.

Disgraced Texas “All Smiles Dental Centers” & Dr. Adrian Martin Codel

Has anyone wondered who Valor Investment’s front man dentist happens to be, since Malouf no longer owned more than 50% of the centers, Valor needed a pretend owner to be on the various PLLC documents.

The “pretend” owner is Dr. Adrian Martin Codel, of Chicago, Illinois, Valor’s headquarters.

Adrian Martin Codel
All Smiles Dental – Texas
AC Dental – Chicago

---

Dr. Adrian Codel

After graduating from Northwestern University Dental School's last graduating class in 2001, I went on to complete a General Practice Residency at the Illinois Masonic Medical Center.

This hospital based dental experience included training in IV sedation and Special Needs patient care in a clinical and O.R. setting. The public health component involved providing dental care on a mobile dental unit.

I enjoyed this aspect of dentistry so much, I stayed on as an attending dentist primarily on the mobile unit. Specifically, providing free urgent care to the homeless Chicago population Friday nights. In addition, I was an associate dentist for a pediatric dentist my first 3 years after receiving my GPR certificate.

In 2005, I purchased an existing dental practice and have been a solo practitioner in this urban community based practice since then.

In October 2010, I was approached by a colleague interested in making an equity investment in the largest provider of dentistry in the state of Texas. I agreed to consult him in this purchase and am currently the president/owner of All Smiles Dental Centers which oversees 38 clinics and 5 mobile units providing dental care to the undeserved population in Dallas and surrounding areas.
http://www.sharecare.com/user/dr-adrian-codel/bio

---

Now, unless Dr. Adrian Martin Codel is a complete imbecile, he knew he was breaking all kinds of Dental Practice Acts by doing this. I’ll give him kudos though; he at least admits he was approached to help with an “Equity Investment”.

I think he might have been approached before October 2010, his Texas dental license was issued in September 2010.

Now he’s linked up with the most outrageous, flamboyant criminal dental enterprise since Michael A., Eddie and Dan DeRose and their FORBA a/k/a Small Smiles. 

Hmm…All Smiles, Small Smiles, …. I’m thinking a nice jingle is in order!

Dr. Adrian M. Codel
Illinois Lic info:
Number-019025709
Status-Active
Date Issued-10/29/2001

Texas Lic info:
Number – 0025986
All Smiles Dental Ctr –Abrams
6780 Abrams Rd. #207
Dallas, Texas 75231
312-217-9630Status - Active
Date Issued –09-14-2010
Disciplinary Actions- No
Permits – Nitrous-issued 10-12-2010

See, Dr. Malouf, they do arrests flamboyant dentists. Dr. Tom K Kalili of Beverly Hills could face 50 years in prison

Yay! A District Attorney with some kahuna’s. Looks like the Office Manager is gonna get nailed too. Unless she’s wise and rolls over on Dr .Kalili. But as we have seen, some will go down with the ship. Sad, really sad.

 

Beverly Hills Patch

A Beverly Hills dentist accused of insurance fraud was arrested Friday in connection with a criminal complaint charging him with 101 felony counts, the District Attorney's Office said.

Tom K. Kalili, 57, is scheduled to be arraigned early next week on charges including insurance fraud, grand theft of personal property and filing a false tax return.

Kalili owns and operates Beverly Hills Medical Suites, a dental office located at 416 N. Bedford Drive, according to the District Attorney's Office.

KTLA reported that Kalili and his partners have celebrity clients who include Jim Carrey, Kathy Ireland, Adam Sandler, Keanu Reeves and Vin Diesel.

Kalili's office manager and biller, Claudia Ventura, 38, is charged with 10 felony counts, including insurance fraud and accessory after the fact. She is set to be arraigned next week along with Kalili.

The charges stem from a multi-year investigation by the California Department of Insurance, the California Dental Board and the California Franchise Board.

Prosecutors were asking that Kalili's bail be set at $500,000 and that Ventura's bail be set at $25,000.

If convicted as charged, Kalili could face more than 50 years in state prison and Ventura could face more than seven years behind bars, according to the District Attorney's Office.

Richard J. Malouf–A call for every item this man has had his name attached to or inscribed on to be seized! Not tomorrow, but by 5 this afternoon. And don’t forget his passport!

 

E-mail bharris@wfaa.com

Related:

• Congress examines Texas Medicaid orthodontics
• Texas, feds take action on orthodontic fraud
• Recruiters solicit young patients for North Texas dentists
• Babies for braces? News 8's Medicaid investigations continue
• McCaa Uncut: Babies for braces
• Crooked Teeth: Medicaid Millions
• More stories about WFAA's Texas Medicaid orthodontics investigation

---

This should make every man, woman and child world wide, mad as hell. There should be crowds of people in front of the “gansta's house along side the news trucks.

Richard J. Malouf, just gave the, Department of Justice, the US Attorney’s Office, the citizens of Texas as well as every prosecutor in Texas the finger. But not the one he is using in the picture to the left.

On March 21, 2012 the US Attorney’s office in Texas allowed Richard Malouf to say he would pay them $1.2 million dollars to walk away from fraud charges he committed between 2004 and 2007.

 

Dr. Richard Malouf and Dr. Adrian Codel partner in many of the All Smiles–Valor Investment Entities

All Smiles Dental Centers various Names, members, executives and agents.

All Smiles Dental Centers, Inc All Smiles Dental Centers All Smiles Dental and Orthodontics All Smiles Dental, PA All Smiles Dental Professionals* Arlington Smiles by Wire, PLLC AS Property Holdings, LLC* Dallas Smiles, PLLC** Discount Dental Services Fort Worth Smiles by Wire, PLLC* Fulton Road Smiles, PLLC** Garland Road Smiles, PLLC8*,** Garland Road Smiles by Wire, PLLC** *Officer, Member, Director or Agent: Richard Malouf,DDS 9090 Skillman St. Ste, 200C Dallas, TX 75243

Haltom City Smiles, PLLC*,** Jacksboro Smiles, PLLC*,** Jacksboro Smiles by Wire, PLLC*,**, *** Lewisville Smiles, PLLC*,** Northwest Highway Smiles, PLLC*,** NW Hwy Smiles by Wire, PLLC Oak Cliff Smiles, PLLC Park Plaza Smiles, PLLC*,** Plano Minyards Smiles, PLLC*,** S. Hampton Smiles, PLLC*,** St. Francis Smiles, PLLC*,** Valley View Smiles, PLLC **Agent: Adrian Codel,DDS 4901 LBJ Fwy, Ste 400 Dallas, TX 75244 *** Not listed on Bankruptcy Filings

Petition for Financing – who owns what and how much and how it happened.
Terms and Conditions of Financing
The Budget

As a side note here:

I bet Church Street is happy All Smiles filed and got my focus off of their big month of May. Sorry to disappoint. I’m still focused, as I have been for 4 plus years. CSHM simply should not have tied down and abused children to steal tax dollars.

All Smiles Dental Centers & AS Property Holdings, LLC Top 20 List

Top 20 Unsecured Creditors for All Smiles Dental and AS Property Holdings, LLC
Company	Creditor
Caymus Partners, LLC	$3,425,354.81
Valor Management Corp	$265,252.02
United Constructors of Texas, Inc	$218,028.17
Greenberg Traurig	$212,718.31
Henry Schein	$182,979.50
Southlake General Contractors	$140,077.39
McKenna Long & Aldridge	$139,281,32
Fish & Richardson, PC	$139,129.21
CB Richard Ellis	$125,471.44
Susman Godfrey, LLP	$116,346.45
Abrams & Baylis, LLP	$96,745.38
Waller, Lansden, Dortch & Davis	$92,279.38
Alorica, Inc	$72,571.75
SYBRon/SDS ORMCO-ORTHO	$71,468.31
Logix Communication	$45,150.69
Univision 23	$25,445.00
Richard Malouf	$20,245.66
Duff & Phelps, LLC	$19,250.00
Process in Focus	$16,665.50
Missing is:
US Department of Justice and the state of Texas?? Do they not owe $1.2 Million or is that on Malouf himself since it was for the early years?

Valor Private Equity-Richard Malouf All Smiles Dental Centers Top 20 Unsecured Creditors List

Amended 20 Largest Unsecured Creditors- Doc 8

Valor Investments –They lost their ass fast.

Other Filings Here

All Smiles Bankruptcy Initial Creditors List

They simply can’t stay afloat if they are under the watchful eye of a Corporate Integrity Agreement. Which translates into, they can have no integrity and must rely on fraud.

Looks like Richard Malouf,DDS is trying to claim he’s a creditor. That’s because he didn’t take the lump sum option when he sold out to private equity. ROTFLMAO!

Some of these suppliers are gonna be next.... i.e. Henry Schein. They seem to make every list. When you lay with dogs, you're gonna get fleas!

All I’m saying, is if I were a company like Henry Schein, I would be demanding accounts to be paid in full by close of business tomorrow! Extend NO more credit. This is the real dental crisis!  Currently I wouldn’t touch this stock with a ten foot pole! 

Oh, and one last piece of advice, I’ve said on here before but I will say it again.
DO NOT TAKE THE PAYMENT METHOD WHEN YOU SELL TO CRIMINALS. Contrary to popular belief, there is NO honor among thieves. A con artist made that up!

• 2001 East Beltline LLP
• 2009 Strait Lane Family LP
• 2009 Strait Lane Family LP
• 2009 Strait Lane Family LP
• 2009 Strait Lane Family LP
• 8880 Bellaire, L.P.
• 8930 RL Thornton LLC
• Abrams & Baylis LLP
• Acrocom
• ADT Security

• ADT Security Services, Inc.
• Air Gas
• All Smiles Dental Center, Inc.
• Alorica, Inc.
• Aqua Chill of Dallas
• Aqua Chill of Gulf Coast
• ASDC Holdings
• ASDC Holdings, LLC
• Atmos Energy -NWH
• Atmos Energy Corporation
• Best Buy Business Advantage Account
• Bhagat Holdings, LTD
• Biomedical
• BKD LLP

All Smiles Files Bankruptcy

May 3, 2012
Another one down.

Texas dental chain, All Smiles, that has been the subject of investigations files for bankruptcy protection.

All Smiles Bankruptcy.

Drilling for Dollars

It appears some is preparing for something, not sure what, a book, a movie, a fiasco. Church Street Health Management's PR firm, Rubin Meyers registered the domain drillingfordollars.com.  It was registered on April 19, 2012. 

Church Street Health Management-Small Smiles Dental burned through another Compliance Officer? Seriously doubt they are going to need one anyway.

Job Posting

If the company isn’t willing to “comply” it doesn’t matter how many “compliance officers” you hire.

Who would want to go to work for a company:

1. on the chopping block
2. has been in serious financial difficulty for 3 or more years!
3. blows through compliance officers like kids thru bubble gum
4. who has failed to even want to comply with the Corporate Integrity Agreement they are under. (see the Auditors Report for 2009 and 2010 in the below Sales Agreement link.
 

Here is a Sales Agreement between the entities to the new CSHM,LLC in 2011. That not would be, old FORBA, not new FORBA, but FORBA III. It’s a real page turner.

Anyway here is the job description.. lol

Church Street Health Management LLC (CSHM) is one of the largest (bankrupt)dental practice management companies in the nation, and focuses exclusively on supporting dental centers caring for pediatric Medicaid beneficiaries and their families. CSHM seeks an SVP, Chief Compliance Officer, who will be based in the company’s Nashville office (that we owe a ton of back rent to) and responsible for overseeing the compliance efforts of the company nationwide (that we have no intention of following”.  Reporting to the CEO, (who we aren’t clear will be)  the selected individual will be responsible for implementing and maintaining policies, procedures and practices designed to ensure compliance with the requirements of all Federal health care programs as well as its Corporate Integrity Agreement with the Department of Health and Human Services’ Office of Inspector General. (that up to this point we’ve basically disregarded because we can’t make moola if we comply)This position is a high profile (it will be when you are jailed) and fast paced (looking for places to hide) position with visibility (too visible) to Executive management, the Board of Directors and (very) significant governmental constituents. Attention to detail, organization skills, ability to see the big picture and accuracy are critically important skill sets.

Morally Bankrupt Carlyle Group Continues with Bankrupt Theme

From PEU Report

Carlyle's Latest Bankruptcy: Medicaid Dental for Kids

The Tennessean reported: A Nashville-based company that manages dental care centers in 22 states has filed for bankruptcy to restructure its debt and eventually attempt to sell its operations and assets.

Church Street Health Management LLC’s filing with the Middle Tennessee U.S. Bankruptcy Court this week listed roughly $85 million of assets and $300 million of liabilities.

How much goodwill did it take to get Church Street's sheet to balance?  Owners not only stretched the value of the company, they took liberties with kid's teeth and billing Uncle Sam.

That debt includes $150 million owed to its lenders and $17 million owed to several states and the U.S. Department of Justice under a settlement of charges that it billed Medicaid for unnecessary dental procedures for low-income children.

The settlement period runs from September 2006 to January 2010, all years under PEU ownership. Church Street's sins include:

(1) causing claims to be submitted by the Centers for reimbursement for performing pulpotomies that were not medically necessary and/or were performed in a manner that did not meet professionally-recognized standards of care

(2) causing claims to be submitted by the Centers for reimbursement for placing crowns that were not medically necessary and/or were performed in a manner that did not meet professionally-recognized standards of care

(3) causing claims to be submitted by the Centers for reimbursement for the administration of anesthesia (including, without limitation,nitrous oxide) that was not medically necessary, that was performed in a manner that did not meet professionally-recognized standards of care, and/or was administered by an unlicensed, non-certified, or otherwise unauthorized individual

(4) causing claims to be submitted by the Centers for reimbursement for extractions that were not medically necessary and/or were performed in a manner that did not meet professionally recognized standards of care

(5) causing the Centers to fail to obtain informed consent for certain dental procedures and services

(6) causing claims to be submitted by the Centers for reimbursement for fillings that were not medically necessary and/or were performed in a manner that did not meet professionally-recognized standards of care

(7) causing claims to be submitted by the Centers for reimbursement for sealants that were not medically necessary and/or were performed in a manner that did not meet professionally-recognized standards of care

(8)causing claims to be submitted by the Centers for reimbursement for radiographs (i.e., x-rays) that were not medically necessary, were taken in a manner that did not meet professionally recognized standards of care, and/or were taken by an unlicensed, non-certified, or otherwise unauthorized individual

(9) causing claims to be submitted by the Centers for reimbursement for behavior management techniques, including without limitation those techniques involving a papoose board, that were not medically necessary and/or were performed in a manner that did not meet professionally-recognized standards of care.

The above behavior resulted in a $24 million (plus interest) fine.  It seems Carlyle and Church Street are morally bankrupt as well as literally.

Did Church Street pay dividends or special distributions since The Carlyle Group invested in the company in September 2006? 

 If so, did PEU owners load Church Street with debt to fund payouts?

Medicaid considers management fees and capital cost reimbursable items on the acute side of health care.  Does it do the same for dental? 

How much did Carlyle, American Capital Strategies and Arcapita pull out of Church Street before it imploded? 

[A LOT!]

Did any buy credit default swaps on Church's debt? That could help ease the ache, but it would continue the morally bankrupt theme.

Private equity purports to be the savior of America's lopsided health care system.  Greed won't help, not in the least.

---

Arcapita(f/d/b/a First Islamic Bank), another principal part of the terrorizing company, also filed bankruptcy.

Below are Statements and Reports of Church Street Health Management – Small Smiles filed with the Bankruptcy Court. You don’t want to miss these.

• March Monthly Operating Report
• Statement of Financial Affairs for Small Smiles Holding, LLC
• Statement of Financial Affairs for Church Street Health Management, LLC
• Statement of Financial Affairs for EEHC, LLC (the executives and directors arm of Small Smiles dental centers)
• Statement of Financial Affairs for FORBA NY, LLC
• Statement of Financial Affairs for FORBA Services, LLC

Church Street Health Management/Small Smiles Dental; See from where the money flows and to where it goes.

Church Street Health Management-Small Smiles Dental Centers Monthly Operating Report March 2012

If you have trouble reading, you can open and read it the PDF here

Why did Church Street Health Management/Small Smiles Dental pay Little Darlings Dental/General Dentistry 4 Kids - Arizona $25,000.00

Why did Church Street Health Management pay Little Darlings Dental in Arizona $25,000.00 on Friday before filing bankruptcy on Tuesday?  Searching the address will give you General Dentistry 4 Kids that has 6 locations in and around Tucson.
General Dentistry 4 Kids is who sued Kool Smiles in AZ for copyright infringement and unfair business practices, General Dentistry 4 Kids lost in a Summary Judgment for the Defendant – Kool Smiles. General Dentistry 4 Kids v. Kool Smiles
An even better question is why they gave Waller law group $250,000.00 on that same Friday.  In fact they gave Waller over $673,000.00 over a period of 60 days.  Hmmm
Little Darlings Dentist, PLLC
2102 N. Country Club  Ste A
Tucson, AZ  85716
generaldentistry4kids@gmail.com
2-17-2012 $25,000.00
Waller, Lansden, Dortch and Davis
12-21-11   $77,199.28
1-12-12  $171,297.63
2-9-12    $178,203.73
2-17-12  $250,000.00               $676,700.64
Church Street Health Management Statement of Financial Affairs – start on page 12. Little Darlings Dental payment on page 39, Waller law payments on page 50.

As a side note: Looking at the “new patient” forms for General Dentistry 4 Kids, just before the guardian signature it says:

“I hereby authorize treatment and use of nitrous oxide, anesthesia, oral sedation and/or other medications necessary for dental treatment.”

Wow!

Inside Edition investigates papoose board use in dentistry

For some kids a trip to the dentist can be a traumatic experience. But just imagine what it might be like strapped into a cocoon-like restraining device called a papoose board that is sometimes used to immobilize children at the dentist's office.

They're smiling today, but eight children say they were strapped into a papoose board while visiting the same dentist for routine work.

They're all patients of Dr. Edward Dove. Dr. Dove has a huge pediatric dentistry practice in Southern California and his commercials are specifically targeted to kids like a friendly Saturday cartoon show. But these kids' parents say their experience was nothing to smile about.

"He hit me on the head and said, ‘You better shut your mouth,' four-year-old Abigail Webb told INSIDE EDITION's Chief Investigative Correspondent Lisa Guerrero.

"He strapped me down on a papoose board and I started crying and he kept slapping my cheeks," said six-year-old Tyler Catalfamo, another patient of Dr. Dove.

Dr. Dove says he uses the papoose board properly, after sedating the youngsters.

Read the full story here at Inside Edition

 

When there is news about dentistry in the media, the American Dental Association issues a Red Alert.  Here is the ADA Red Alert issued after the “Inside Edition” story about the use of papoose boards aired April 26,2012. And the ABC Chris Como report about Florida’s children access to dental care; It’s in a “crisis”. Link to ADA Red Alert

Inside Edition and ABC World News Media Stories

"Inside Edition" airs segment on the use of papoose boards

"Inside Edition," a nationally-syndicated newsmagazine show aired a story April 26 about dentists' use of papoose boards during dental treatment. As a result of this rather sensational segment, parents of young children under your care may ask if you use a papoose board in your practice.

Creditors Checking the Validity of Actual Property and Liens of Church Street Health Management’s held by its Collateral Agents - SSO FUNDING CORP.; SSH FUNDING CORP.;CIT HEALTHCARE LLC; AMERICAN CAPITAL, LTD.

Church Street Health Management Unsecured Creditors

vs.

SSO Funding Corp. is a special purpose entity acting as a conduit for the
provision of financing between Debtors and the entities providing financing to the Debtors and may be served in care of Global Securitization Services, LLC, 68 South Service Road, Suite 120, Melville, New York, 11747.

SSH Funding Corp. is a special purpose entity acting as a conduit for the
provision of financing between Debtors and the entities providing financing to the Debtors and may be served in care of Global Securitization Services, LLC, 68 South Service Road, Suite 120, Melville, New York, 11747

CIT Healthcare LLC, is the Collateral Agent and Administrative Agent for
the Prepetition First Lien Facility Lenders and the Prepetition Second Lien Facility Lenders. CIT Healthcare, LLC, may be served at 11 West 42nd Street, Floor 7, New York, New York, 10036.

American Capital Ltd. is the Collateral Agent under the Subordinated
Murabaha Facility Agreement and maybe served at 505 Fifth Avenue, 26th Floor, New York, New York, 10017.

Complaint by Unsecured Creditors to Determine Validity of Property and Liens-Doc 299

Bids for Small Smiles centers in by May 4, 2012, auction set for May 11, 2012, hearing for court to approve sale (if any) on May 22, 2012–trying to settle malpractice cases in the mean time.

Here is the latest filings in the bankruptcy case.
I think these so called Management Service Agreements these corporations claim they have with fake owners dentists like the Small Smiles clinics should also be used in other places to skirt laws and social practices.

What’s your thoughts?

Maybe they should replace marriage licenses. What about drivers license? I just manage the car, take care of the upkeep, fuel, taxes, etc.

Even in Church Street Health Managements latest filings on Tuesday of this week, they still contend they don’t own them, just manage them. I beg to differ.

Related:
Small Smiles Owner Doctors - A. Smith
Small Smiles ownership program – A. Smith
Fraud at Small Smiles? – The employees say yes.

After what you’ve just heard, don’t you everyone who has filed all the legal document, that are subject to perjury needs some serious jail time for each offense.

CBS Atlanta Exclusive - Three Georgia boys die unexpectedly after dental procedure

ATLANTA (CBS ATLANTA) -

CBS Atlanta News is breaking an exclusive investigation into what caused three Georgia boys to lose their lives following what should have been routine medical procedures.

All three boys, ages 14 to 21, died within a month of each other in a string of tragic and bizarre deaths. They all had their wisdom teeth extracted 16 to 72 hours before they died.

"You take your kids to doctors and dentists, and you don't expect this. You don't expect to lose them," said Bobbie Ellis, the father of Ben Ellis, one of the victims.

The grieving families are speaking out for the first time, only to CBS Atlanta Chief Investigative Reporter Wendy Saltzman.  They're sharing their emotional stories as a warning to other parents.

"He was the baby, I miss him terribly," Karan Ellis said about the loss of Ben.

The pain is still extremely raw for the Bobbie and Karan Ellis and the other families, who all lost their sons just four months ago.

"A family should be informed that there is a possibility that your child may not wake up," Lisa Robinson said.

The Robinsons and the Ellis family agreed to speak with CBS Atlanta News to warn others of the dangers they say they were never told about.

"You don't want to go through what we've went through. There are too many kids dying out there. Something needs to be done," Bobbie Ellis said.

The Ellis' son was just 14 years old when they say their oral surgeon recommended that he have all four of his wisdom teeth removed.

"That's my baby, and his beautiful smile" Karan Ellis said.  "That's all I've got now is his pictures."

"We have pictures, but we don't have our son," Bobbie Ellis cried.

Ben's wisdom teeth were removed on Dec. 7, 2011.

Byron Harris was in Washington for the hearing on Medicaid fraud. You don’t want to miss his report.

by BYRON HARRIS
Bio | Email

WFAA
Posted on April 25, 2012 at 10:11 PM
Updated today at 7:36 AM

WASHINGTON — "It took a reporter to unlock the mystery that Texas is spending more on braces than the rest of the country put together?"

That was the half-humorous question Rep. Trey Gowdy (R-South Carolina) asked his fellow members of the House Oversight and Government Reform subcommittee in Washington on Wednesday.

Looking at Medicaid fraud, the committee talked to whistle-blowers and lawyers from Minnesota and New York, all of whom discussed scandals in their home states.

But the witness at the heart of this hearing was from Texas.

Dr. Christine Ellis, a North Texas orthodontist, credited News 8 with revealing a "flagrancy of fraud that is truly unbelievable."

News 8 spent thousands of dollars to acquire Medicaid records from the State of Texas and discovered that the state paid out $424 million to put braces on poor kids' teeth from 2008 to 2010.

News 8 also obtained spending totals on orthodontics from other states individually, after the federal government said it did not compile them.

"As they say, everything is bigger in Texas," Dr. Ellis told the panel. "Thanks to the investigative reporting of WFAA's Byron Harris, we now know that orthodontic Medicaid fraud is no exception."

American Dental Association asks Centers for Medicare and Medicaid Services to back off the audits. Seriously! While, upstairs, the Academy of General Dentistry wants more taxpayer funding. Seriously!

The American Dental Association sent this letter to Centers for Medicare and Medicaid:

ADA Letter to CMS July 2011

American Dental Association,211 East Chicago Ave.,Chicago, IL 60611-2678

Then ABC ran this, by Chris Como, (his brother is NY Governor Andrew Como who said a month or so ago Medicaid audits were just way to hard on corporations.)

By CHRIS CUOMO (@ChrisCuomo) , GITIKA AHUJA (@gitgirl) and ENJOLI FRANCIS

April 24, 2012

With more than 16 million low-income U.S. children on Medicaid not receiving dental care -- or even a routine exam -- in 2009, according to the Pew Center on the States, dentists and ERs say they are treating very young patients with teeth blackened from decay and bacteria and multiple cavities.

"I see it in their eyes before they tell me it's that way," Dr. Gregory Folse told ABC News. "We are able to intervene and take the pain away from their teeth and it brings the spark back. And that's my goal."

Folse's Outreach Dentistry mobile clinic travels to schools around Louisiana, filling cavities and teaching children and parents about the importance of oral hygiene.

In 2007, Congress held a hearing on the issue of children's dental health after Deamonte Driver, a 12-year-old Maryland boy, died when a tooth infection spread to his brain. His mother, Alyce Driver, had been unable to find a dentist to treat him on Medicaid and could not afford to pay out of pocket.

At the time, Leslie Norwalk, then-acting administrator for the Centers for Medicare and Medicaid Services, called his death "a failure on many levels."

A dentist and a vet want their corporate dental clinics- Pacific Dental-to have more access to the teeth of New Mexico citizens and taxpayer coffers.

By “vet” I don’t mean “veteran” of the military, I mean “veterinarian”!!!

Pacific Dental-Smile Care-Coast Dental-InterDent, wants to open more than just the current 2 clinic limit in New Mexico. They want in there in a bad way, and Derek and Adam Diasti are willing to go to the mat to get that access. Brother, Derek is the veterinarian.

Best known as Pacific Dental, it seems to be financed by Dimensional Fund Advisors (DFA) or at least Coast Dental was before the merger.

DFA website

Below is a letter sent to the New Mexico Dental Board, dated March, 2012.  In it, they actually say it would be unconstitutional to refuse to allow the company to violate the state Dental Practice Act. Yep! Pure madness!

And unless there is a real and serious pushback, the state laws are likely to be changed to allow them in. New Mexico citizens are sitting at home right now, not knowing the danger to their public health that is taking place. Scary!

Of course corporate dentistry is being pushed throughout the land. As we learned last week at the Texas hearings, the states say have they no authority over the entities. It’s the Wild West! Unchecked and unregulated, or should I say,not regulated.

Pacific Dental Services, Inc

Hearings in Washington today of Medicaid fraud

Hearings in Washington today of Medicaid fraud and it includes managed care and dental fraud testimony!

Live Feed Here:

http://oversight.house.gov/hearing/joint-hearing-is-government-adequately-protecting-taxpayers-from-medicaid-fraud/

 

There are a whole lot of questions from just about everyone on this Oversight Committee hearing wanting to know why no one is in jail, be it individual dentist or corporate executive.

That the same question I’ve asked for 4+years. Of course CMS Director Cynthia Mann and Commissioner Lucinda Jesson of Minnestoa dhs don’t know. Maybe they will ask Attorney General Holder.

Here Dr. Chrisinte Ellis, DDS was asked if she had been contacted by the Federal AG office in Texas about her findings of fraud with the orthodontics program. Her answer was no.

Representative Michael Burgess of Texas is outraged at that no one from the state, to CSM, to OIG had a clue that Texas paid more for orthodontics than the rest of the entire country or that no one investigated why there were advertising billboards for “Free Braces”. Representative Burgess also said that this would have the full attention of his office.

Commissioner Jesson can’t seem to explain why UCare, a corporation, would donate $30 Million dollars to the state of Minnesota and why it was characterized as a donation when in reality it was a refund for being overpayment. By it being a donation, the state would get to keep it all, if it were a repayment from over payment, some would be returned to the Federal Government.

This was one bang up 3.5 hour long hearing!

Hearing Audio
Part 1 of the hearing
I missed about 30 minutes in the middle of it, sorry folks.
Part 2 of the hearing

Dr. Edward Dove has claimed another victim and pissed off another dad. Dr. Dove should be jailed.

Of course it’s simply a matter of time before Dr. Edward Dove puts another child on the “Killed by the Dentist” list. We also know he does this to just about every patient he touches. But, he’s pissed off another dad who has decided to tell his story. Dr. Dove is a public health hazard! The California Dental Board is fully aware Dr. Dove and they too should be held responsible! His colleagues should be all over him over this.

Sign the petition to revoke this monster’s dental license

Here is Bella’s story-Visit the website and read the comments.:

After going through a few days of regret, anger and tears over Bella’s recent experience at the dentist office, Gia and I felt that we simply could not let the experience go, and have to share with whoever might listen.  

My sole motivation for sharing is that prospective clients of pediatric dentist Edward Dove of Fresno (and Chatsworth, Bakersfield, and Lancaster) might read this and simply pass on his services — so that no other child has to endure what my daughter did this week.  please read this whole post.

Bella was referred to dr. Edward dove of Fresno through her health insurance with Kaiser.  she took x-rays a few weeks ago, which according to the dentist, showed she needed fairly extensive dental work (several crowns and “baby” root canals).  The dr recommended “oral conscious sedation,” which involves taking medicine that supposedly makes the child VERY drowsy and loopy — enough to where they “don’t care” that dental work is being done.  We had this work done once before at USC school of dentistry, and they were fantastic, so although we asked many of the same questions, we felt like a dr. who “specializes in pediatric dentistry” and has done this for a long time should be the expert. We followed his plan.  In our conversations, Dr. Dove made me feel like a complete idiot for asking certain questions — as if he was an excellent dentist, this was completely routine, and the questions were virtually worthless to even ask.

We arrived at the 11 am appointment at least 30 minutes early, and Bella was given her medicine around 10:45.  We immediately noticed LOUD music from the back and wondered why in the world the dentist would play music like this (more on this below).  It took a while for the medicine to seem to work, but Bella began to be very drowsy and loopy.  Around 11:20, a big, burly nurse came in and virtually ripped Bella from my arms — saying nothing to me.  I began to follow her into the room, when Dr. Dove stepped in front of me, firmly placed his hand on my shoulder, clearly wanting me to stop — I said, I’ going in there to comfort my daughter and say goodbye to her.”  Dove said flatly, “what’s that going to help?”  Then looked at my mom and said, “she’ll be right back” in a demeaning tone — as if i was a complete moron to want to comfort my daughter.

Ayman Risha–not a dentist, but neither is Midwest Dental Corporation, but it appears that’s not an issue

Star Tribune

St. Cloud dental clinic owner denied license

• Updated: April 21, 2012 - 5:16 PM

An unlicensed St. Cloud dental clinic owner who altered billing codes and directed staff to perform unnecessary procedures was denied a license last month, according to an order by the Minnesota Board of Dentistry.
In 2009, the board received a complaint about Ayman Risha, who holds a foreign-issued Bachelor of Dental Surgery degree.
In addition to finding Risha unlicensed as a clinic owner and a practitioner, a board investigation determined that he had "engaged in fraud or deception ... by providing diagnoses and preparing treatment plans that were not warranted," the order stated. Risha directed staff to follow the plans, falsify periodontal probing numbers and take unnecessary X-rays, as well as scratching expiration dates off products and changing billing codes to justify procedures, the order said.
The investigation also determined that Risha's clinic lacked adequate infection control procedures, including a disposal program and a plan to handle exposure to infection.
In March 2010 the board ordered Risha to cease his unlicensed activities. Two months later, he applied for a license by examination.
After a board committee recommended in 2010 that he be denied a license, Risha contested the decision but lost by default when he missed a 2011 hearing, the order stated.
The board ordered Risha to pay $8,794 in costs, including expenses for an administrative law judge.

Can I legally purchase dental supplies?

Let’s say Debbie Hagan decided to open a Dental Management company. In my “service agreement” with a dental clinic I agreed to order and pay for all dental supplies for the dental clinic.

What laws would I be breaking?

ROTFL–Aspen Dental propaganda quoting the group who promotes illegal practice of dentistry; The DGPA

From the Aspen Dental Blog

Dispelling misconceptions about Dental Service Organizations

March 5, 2012 by Bethany Tuzzolino

A recent online article¹ based on the results of an August 2011 survey of 1,500 dentists asked participants to rank what they consider to be their highest concerns as practitioners and small business owners. They identified “Growth and Influence of Corporate Dentistry Companies that Hire Dentists” as a high priority challenge to their success. The respondents ranked this “frustration” about the current state of the profession the third highest category in the Priority 1 section of the survey, right behind “Third-Party Dictation of Treatment Plans and Setting Fees” and mid-level or expanded-function dental practitioners, and right above “Overpopulation of Dentists and Hygienists.” The author notes that “some of these firms have moved into geographic areas already saturated with dentists.”¹ This situation is understandably concerning to private practitioners, who are essentially entrepreneurs trying to establish a territory and stable patient base. It is, however, a well-known fact that dental school does not teach graduates how to successfully find the ideal location for, or run, a private practice.

Small Smiles Dental - Church Street Health Management Auction Postponed Until May 11-May 22 Hearing to Approve Any Offers.

Small Smiles Dental - Church Street Health Management Auction Postponed Until May 11

Church Street Health Management LLC will auction the business on May 11, rather than April 20. The provider of management services for 67 dental practices in 22 states reported a $2.1 million net loss in March on total revenue of $11.6 million.

Unless outbid, existing first-lien lenders are to buy the business in exchange for $25 million in debt. Other bids are now due May 4, rather than April 16. The hearing to approve the sale will take place May 22.

Isn’t this a nice way of saying it’s being “repo’d”?

The official creditors’ committee was given the right by the bankruptcy judge to require the company to turn over copies of insurance policies. The committee says that the largest unsecured claims are held by patients who say they were given services unnecessarily. Seeing the policies will help, the committee says, in deciding if the insurance company was entitled to deny coverage of the claims.

Church Street said in a monthly operating report filed with bankruptcy court that earnings before interest, taxes, depreciation and amortization in March were $867,000. Depreciation in the month was $986,000 and interest expense was $120,000.

Church Street specializes in providing dental care to children whose medical expenses are covered by government- sponsored programs. Bankruptcy resulted from a $24 million settlement in January 2010 with state and federal authorities that led to negative publicity and lawsuits.

The company’s debt is structured in compliance with Islamic Shariah financing regulations. There is about $131.5 million owing on first-lien obligations, plus a $25.6 million second- lien. There is an additional $152 million on three subordinated debts.

It’s only Shariah compliant because they created several companies between it and the First Islamic Bank a/k/a Arcapita.

Assets are on the books for $895 million, with debt totaling $303 million, a court filing says.

The case is In re Church Street Health Management LLC, 12- 01573, U.S. Bankruptcy Court, Middle District of Tennessee (Nashville).

Selection of Bankruptcy Documents

Texas State Board of Dental Examiners General Counsel Admitted–“If you own a clinic you are practicing dentistry in the state”

There is such a HUGE GI-NORMOUS difference in the way North Carolina’s Dental Board understands the responsibilities given to them and the way the Texas State Board of Dental Examiners understand theirs. It’s truly mind blogging, yes I mean “blogging”.

North Carolina’s dental board hopped all over one dentist trying to skirt the laws and has now taken it to the legislature to make sure the laws against corporations coming between the dentist and the patient are clear.

After 5 years of work and 3 years of jumping through hoops, some Texas citizens finally got a hearing with the state legislature. Three years, now! Three years! Expect at least another 3 or more to clean up the damn mess down there. One good thing, Sherri Meeks, the former Executive Director, resigned just days “We do regulate dentistry. If you own a clinic you are practicing dentistry in the state."- Joy Sparks, TSBDE General Counsel before the hearing, and on more than one occasion it was highly suggested to the board that they now have the opportunity to hire someone who can and will do the job they are paid to do. I guess Texans will just have to wait and see.

At the hearing held on Wednesday, April 11, 2012 by the Texas Legislature Public Health Committee I heard some of the most outrageous statements I think I have ever heard come from members of any governing body, well, other than Nancy Pelosi saying they would have to pass a the Affordable Healthcare Act to see what was in it. That was huge.

Dr. Tammy Gough, the presiding officer of the Texas State Board of Dental Examiners, told the committee they were researching corporate dentistry laws and wanted to “act as advisors to stakeholders and elected officials on the topic because we feel it will probably be addressed in the future with legislation.”
Joy Sparks, general counsel, said this was a “relatively new” issue. And all they do with people who are suspected of the corporate practice of dentistry is turn them over to the local or state prosecutors. She also, indicated they don’t even follow-up on that useless action.

I bet if someone asked the local and state prosecutors how many cases the dental board has ever turned over to them, I could count them on one hand. If I remember, someone on the committee did ask that question. The dental board was also asked they had ever asked for guidance as to what they laws said hat their duties were. Want to guess what that answer was?

Glenn Parker, acting Executive Director, who has been Director of Administration and Licensing since September 1, 2011 said: “I think everybody knows The Board of Dental Examiners is the agency that regulates the practice of dentistry in Texas.”

“We do that by regulating individual practitioners. We have no authority to regulate clinics or clinic owners.”
“We strictly license individual people”

“We report fraud to the HHSC, OIG the AG and recently we’ve been reporting it to the FBI.
When Glenn Parker was asked about why there was a big jump in Medicaid Fraud, Joy Sparks answered for him by saying, “My guess, Representative is that the reimbursement rates increased by Medicaid.”
Representative Carol Alvarado asked if the clinics committing most of the fraud were Corporate owned clinics , franchises or clinics owned by individual dentists or independent.

Joy Sparks stammered, “Representative, I’m not comfortable saying that. We are seeing both. We are seeing individual and we are seeing individual practitioners who are, we have dealt with and we are seeing…uh uh….clinics, who have done it also. I’m not sure what the % would be.”

Rep. Charles Schwertner asked Lisa Jones – TSBDE Director of Enforcement-if there were the same safeguard against the corporate practice of dentistry as there were corporate practice medicine.

Her answered, “Honestly, I don’t know if I can answer that question, we don’t regulate the clinics in any way. We have no jurisdiction over them whatsoever. We don’t keep statistics on how many clinics there are in Texas or how they operate.”

She stumbled and stammered several times trying to not say “corporate” and just use the word, “clinic”. That part was fun.

Glenn Parker then added, “The Dental Practice Act requires the dentist to make all the decisions regarding the treatment of a patient. The dentist who is in charge of…stutter…according to the law …stutter…stutter… of the dentistry decisions”

He then tells what the dental board has “heard” about what is happening. He says they have heard some corporations are requiring their dentists to bill $1000 if the child in 10 or younger, if they are 10 or older, or bill them $1,500 worth of work.

Could possibly the dental board have “heard” these in a Complaint!!!!!???
He then went on to say, “To the degree on which that happens we don’t really Representative Carol Alvarado – “If you guys have been concerned about this, what have you all done?”know.”
To the amazement of the legislative committee he added, “Can we prove that yet, no, we can’t. But I think that is what’s happening to a degree. We do not know how many clinics there are in Texas, dental clinics. We don’t know where they are. We don’t know who the legal own of them is, cause none of that is in the Dental Practice Act to require it.”

Dr. Tammy Gough, the presiding officer followed with, ”we regulate the licensed dentist who is performing the care in these clinics” .Their not running “willy nilly” as far as the actual patient care.” The license dentist is held responsible for maintaining records..and there can be no patient abandonment…”
Representative Carol Alvarado asked, “If you guys have been concerned about this, what have you all done?”  

Pure silence!

Of course there was a lot of testimony on horror stories that would curl your toes. After all the hearing did last for 4 hours, 21 minutes and 21 seconds.

The big admission on the part of the dental board came with Joy Sparks, their general counsel admitted, “We do regulate dentistry.” “If you own a clinic you are practicing dentistry in the state. The problem is ..our remedy is we sanction a license. So if someone is practicing dentistry under a corporate clinic or private equity they are not licensed so we refer those cases, if we think, their … ya know what I’m saying.. we refer those cases to the Attorney General’s office…cause we don’t regulate…….when we asked if they own the clinic they say “I do”.

Then there was this, “They are practicing dentistry without a license. We don’t do anything with people who are practicing dentistry without a license.”
Well, there ya go.

You can continue reading or stop here.

North Carolina HB 655–The story of the campaign ads and commentary

 Yes, this is a repost but last time I didn’t have time to comment, today I made time. The people of North Carolina need our support to pass HB 655, this is my part.

Dentists take battle over regulations to the public WRAL -TV

Posted: April 12
Updated: April 13
One commercial warns that "out-of-state special interests" are going to put your local dentist out of business. Another 30-second spot says viewers should be concerned about "powerful lobbyists" pushing a bill that will close your local dental practice.
Given the similar style and claims, viewers might think the same group is behind both ads. But the 30-second spots actually come from different groups of dentists battling over how North Carolina regulates their profession. A legislative proposal likely to be heard this May would restrict contacts dentists can forge with dental service organizations. 

The legislature of North Carolina has the opportunity to cure this cancer before it metastasizes and before they end up in the exact situation Texas has now found it’s self-which is run over by corporate dental clinics. Many of which are stealing every penny they can from the not only the taxpayers of Texas, but yours as well.  I’m talking about the Medicaid system – 1/2 paid for from state funds and 1/2 paid for by federal funds. You want a good look at North Carolina's future, see the Recent Hearings in Texas dated April 11, 2012. Or read this from the hearing: Texas Dental Board Accused of Ineptitude

"The North Carolina Dental Board has denied my patients what I feel is the best dental care," said Dr. Gary Cameron, an Asheboro dentist who faced state sanctions after affiliating with an Illinois company. His case helped spark the push for the new law. 

Dr. Gary Cameron is either stupid, brainwashed, or being paid very handsomely by Private Equity firms for him to say such things, in my opinion. They only thing being denied is poor care, dental care based on corporate bottom lines not treatment needed, and his personal bank account. Ask yourself why Dr. Cameron was sanctioned. It was because he and Heartland Dental tried to skirt the laws already on the books in North Carolina. The laws are clear! Check them here.

Ashton–Nearly died a year ago today. Hear Ashton’s story from his mom! Don’t miss this!

 

This is Ashton.  It’s been a year today since this child almost lost his life from carelessness and overdosing by a dentist. When I watched this video, I realized that I was watching a child being euthanized, it’s just didn’t take.

Here Aston’s is story:

It was April 13, 2011... We took our 6 year old son Ashton to see Dr. Zhu (pediatric dentist) in Troy, Michigan to have fillings and a baby root canal done. What I thought would be an ordinary day turned out to be every parents worse nightmare.

Ashton was ignored, neglected, overdosed on sedation medicine and sent home unresponsive and unconscious. Dr. Zhu told us to take Ashton home and "put him to bed". Dr. Zhu clearly did not value Ashton's life and because his office was operating like an assembly line, he had to turn my son over as quickly as possible. As of this month which would mark one year, he has continued his practice and has not faced a consequence.
Jason carried Ashton out of the dental office like a rag doll. As he was driving Ashton home he heard a scary sound that later was determined to be the sound that occurs when a person's airway is blocked. At this point, he knew something was wrong and took him to the hospital to seek medical attention. If we would have chosen not to respond, Ashton could have died at home in his bed.
My son didn't die despite this negligence. There are many people that are "surprised" at his outcome and many other children who's outcome was catastrophic.
I can't help but want to warn other parents who hand their children over to medical professionals. I am not saying they are all like Dr. Zhu but there are some. ALWAYS trust your instincts and don't EVER be afraid to ask questions or walk away from any situation you are not comfortable in. I knew something was wrong here and I should have walked away.
If you want to know more about Ashton's story or you have a similar one, please let me know.
Thanks for listening!
Rebekah

Just a wild guess, but I’m thinking the ADA and the DGPA are none too happy about the hearings on Corporate Dentistry in Texas

Yes, the ADA is a different group and as we know the ADA rules, since they have the gold. But honestly, they might as well be the one and the same.  If you dig deep enough everyone with the DGPA is with the ADA, right?

Just two short days before the Texas Hearings on April 11, 2012, the ADA issued this:

 

 

ADA explores growth of large group practices

By Karen Fox, ADA News staff
April 09, 2012

The ADA is taking steps to increase dialogue with large group practices and gather information regarding this rapidly expanding career option.

This sector of the dental workforce has experienced significant growth in a relatively short period of time. According to the ADA Health Policy Resources Center, in just two years the number of large dental group practices has risen 25 percent.

For now, it’s still a small piece of the overall dental delivery system pie. In a 2008 sampling frame, the Health Policy Resources Center concluded that solo dentist practices account for 92 percent of all dental practices, and very large group practices with 20 or more dentists make up only 3 percent.

However, in analyzing its data on individual dentists, the HPRC has concluded that the rate of solo practitioners is falling. In 2010, 69 percent of dentists were solo practitioners compared to 76 percent in 2006.

Texas Board of Dental Examiners–Drilled; the truth hurts

Well, it appears Wednesday-April 11, 2012-was an eventful day in Texas, at least when it comes to Corporate Dentistry practices that has invaded the state. The Texas state legislature is finally asking question why these places are in business and who is in charge of letting them do as much damage to the children as Mad Cow does to cattle.

The Texas State Board of Dental Examiners says it’s not them, just like the Georgia Dental Board. Below there are three articles from around the web on the happenings yesterday.

I just have so much to say about this, but I don’t have time today.

Wednesday April 11, 2012

Statesman. Com
Watchdog group, others doubt effectiveness of dental board
By Mary Ann Roser -AMERICAN-STATESMAN STAFF

Published: 9:19 p.m. Wednesday, April 11, 2012

Patients, dentists and lawyers told a Texas legislative committee Wednesday that the state agency that regulates dentists does a weak job of protecting the public from bad care.

But board officials said the Legislature hasn't provided enough money to better regulate 60,000 licensees in Texas.

The problems go beyond that, said members of Texans for Dental Reform, a Houston-based group that monitors the Texas State Board of Dental Examiners and has long sought to air its grievances before the House Public Health Committee.

The group, and other members of the public, came to the committee Wednesday with recommendations and complaints. Among them: The board protects dentists and lacks a standardized way of disciplining them; it defines standards of care on a case-by-case basis, rather than following established care guidelines when investigating dentists; and it allows dentists who have been in serious trouble to get a new license number, making it exceedingly difficult for the public to connect the dots to previous disciplinary actions.

They also said that board members should never act as expert witnesses in lawsuits involving dentists and asked for action against unregulated dental clinics that "overtreat" children to take advantage of increased payments from Medicaid, the state-federal program for the poor.

"Over the past three years, we have found the board resistant, abusive and arrogant towards the public and unwilling to make the changes needed to protect public safety and health," said Gwen Mitchell, president of Texans for Dental Reform.

Dr. Tammy Gough of McKinney, presiding officer of the 15-member dental board since December 2010, said the board has strengthened various rules and is developing a standard way to review complaints and discipline violators. She said she has no problems with a law banning board members from acting as expert witnesses because none do.

But the volunteer board is hamstrung in its work by too little staff, not enough money and a lack of authority over corporate-owned dental clinics accused of exploiting Medicaid, said Glenn Parker, acting executive director of the agency.

Medicaid fraud complaints are turned over to the attorney general, inspector general and law enforcement officials, Parker said.

"We understand there is room for improvement," said Gough, who won praise from various members of the public for her openness to change.

The board could do better if the Legislature allowed it to keep more of the $9.6 million it collects in license fees and other work, Parker said. Instead, its current budget is just $2.7 million, and although it is authorized to employ 36 people, it employs just 29 because it can't afford more, he said.

Board officials also said some changes Texans for Dental Reform and others are pressing for would require legislation.

Houston lawyer Jim Moriarty disagreed that the board lacks authority to go after the corporate-owned clinics that are abusing Medicaid. He has filed suits in New York and Colorado against a network of clinics with operations in Texas and said the board should discipline the dentists in those practices, he said.

Lawyer Charlie Gustin of Houston has sued the Smile Center in San Antonio and told the committee of one case involving a 5-year-old boy who received 20 "baby" root canals and 20 steel crowns in 48 minutes. The boy left the clinic with cement in his mouth, and 14 of the crowns have since popped off, Gustin said.

Smile Center spokeswoman Debbie Clarke said the owner of the practice was unavailable to comment Wednesday "due to his professional responsibilities."

At the hearing, committee Chairwoman Lois Kolkhorst, R-Brenham, said that she wasn't interested in revisiting past problems but that the panel recognizes that the board needs lawmakers' help to get the tools it needs to do a better job.

Dentist Douglas Terry, a Houston-area member of the reform group, said he was encouraged.

"Things are going to change," he said.

Contact Mary Ann Roser at 445-3619

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The Texas Tribune
Texas Dental Board is Accused of Ineptitude

by Becca Aaronson

April 12, 2012

Texas toddlers being held in restraints as dentists at corporate-run clinics performed unnecessary root canals were among the dental horror stories told Wednesday at a House Public Health Committee hearing at the state Capitol. 

The Texas State Board of Dental Examiners, which regulates dental licensing in Texas, was the subject of criticism by members of Texans for Dental Reform and unaffiliated residents, who called for legislative reform while levying accusations of ineptitude, a pattern of withholding or obscuring negative information about dentists, and failure to act against corporate-run dental clinics committing Medicaid fraud and harming patients.

But others came to the board’s defense, saying that the new leadership is trying to fix mistakes from the past and that the board lacks the resources to do its job well. 

“We have an underfunded and understaffed state board that is not able to accomplish all that we’d like them to accomplish,” said Richard Black, the legislative chairman for the Texas Dental Association and an El Paso dentist. Although it is taking time, the leadership of the board has made “substantial progress,” he said. 

Both Black and members of the dental board expressed concerns about the recent outcrop of corporate-run dental clinics — and the board’s limited ability to protect the public when unlicensed operators at such clinics interfere with patients’ treatment.

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The clinics in question often serve only Medicaid patients and pay one dentist to act as a prop by claiming ownership. The real owners of the clinics — usually private equity firms — are in the dental business for profit, and encourage overutilization of Medicaid services by dictating a “one-size-fits-all treatment plan” or setting quotas for the number of procedures that dentists should perform, said Black.

Dentists drilling for Medicaid gold is a national issue, as one Washington TV station documented, and more corporate-run dental clinics popped up in Texas after lawmakers raised reimbursement rates for dental procedures in 2009 to motivate dentists to accept Medicaid patients. Joyce Sparks, general counsel to the dental board, said the board has also seen an increase in complaints of dentists violating standards of care since then, which could be linked to the rise in reimbursement rates.

Jim Moriarty, a Houston lawyer, detailed reports of torturous procedures at corporate-run clinics, in which children as young as 2 are immobilized, sometimes with a restraining device called a papoose, while the dentist inserts multiple stainless steel caps or performs root canals rapidly.

“They won’t let the parents be present because the parents would be tempted in Texas to pistol-whip them if they knew what they were going to do,” Moriarty said. He’s currently suing one company that operates six dental clinics under various names in Texas and said the dentist who claims to operate those clinics — but actually works and treats patients in Oklahoma — bills Texas $12 million a year to treat Medicaid patients.

“We want to be part of the solution, but right now we have no tools with which to combat this,” said Glenn Parker, the dental board’s acting executive director. The board only has the authority to license and sanction individual practitioners, which inhibits its ability to monitor or regulate clinics owned by private equity firms or corporations. The only recourse for the dental board is to notify the Office of the Inspector General and other state and law enforcement agencies when they’ve received an accusation of Medicaid fraud.  

Unless someone comes forward “willing to testify they’re a cover for the private equity fund, so sanction me because I’ve been defrauding you,” the board can’t do anything, Sparks said. “It just doesn’t happen.”

The board has identified the corporate practice of dentistry as an issue for lawmakers to address in the next legislative session, Parker said, adding that the board wants to get legal authority to regulate those clinics. The board also wants adequate funding to resolve the complaints it receives.

Unlike the Texas Medical Board, which pays consultants and doctors to investigate allegations of medical misconduct, the dental board relies on volunteers to investigate complaints. There are usually 15 to 20 active consultants — dentists who apply to the board, undergo background checks and training, and then receive approval from at least two board members — to review complaints about standard of care. 

Parker estimates the dental board receives 500 to 600 standard-of-care complaints a year. At least two of the volunteer dentists must review a complaint and agree on whether a standard of care violation occurred before the case is closed. 

Board members said they've opened communication with Texans for Dental Reform to address their complaints, but ultimately, the agency needs more investigators and staff. Parker admitted the volunteers often "cherry pick" the easier complaints. “When you have staff turning over, some people do what’s easiest to do, not what’s best to do." 

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The Dallas Morning News

Texas board says it’s falling short in regulating bad dentists

SOMMER INGRAM
Austin Bureau
singram@dallasnews.com
Published: 11 April 2012 11:19 PM

AUSTIN — The agency that polices Texas dentists told lawmakers Wednesday that it doesn’t have enough resources or legal authority to crack down on careless and abusive dentists.

An advocacy group led the charge against the Texas State Board of Dental Examiners, telling a legislative panel that the regulatory board doesn’t do enough to discipline bad dentists or alert the public which dentists have been sanctioned.

“We’ve found [the] board to be resistant, abusive, arrogant toward the public and unwilling to make changes needed to protect public safety and health,” said Gwen

Mitchell, president of Houston-based Texans for Dental Reform. “The consensus is that it only has one agenda, and that is to protect its own.”

The board, which oversees 15,000 dentists, 32,000 dental assistants and 12,000 hygienists, has long been dogged by complaints of shoddy oversight that leaves patients suffering and dentists unaccountable.

In response at the House Public Health Committee hearing, board leaders said the agency needs more funding and staff to keep up with the demands of approving licenses and reviewing the 500 to 600 cases it gets each year.

They can range from pulling the wrong teeth to injuring a patient, from abusing drugs to sexually assaulting a patient.

Mitchell’s group and others want the board to disclose all complaints filed against dentists and to get rid of those providing dental care without a license.

But board officials said the Legislature wrote the law so that it can’t disclose complaints lodged against dentists if they are dismissed.
They said they’ve been limited in enforcement tools and largely depend on the attorney general’s or inspector general’s office to pursue and remedy cases of fraud, especially in Medicaid.

“It’s not the charge of the board itself to be the lead agency in investigating Medicaid fraud,” said Glenn Parker, the acting executive director. He said that if disciplinary action is taken by the attorney general’s or inspector general’s office, the board takes action.

He said the dental board collects $9 million annually in fees, but the Legislature allots it about $2 million for its total budget. “We could use a lot more funding,” he said, although he did not give a specific figure.

Licensing actions The board’s sanctioning method is to revoke or suspend dentist licenses, so board leaders say that leaves them without a way to punish those practicing without a license to begin with.

Dr. Tamela Gough, presiding officer of the board, said the board regulates individual practitioners but has no authority over clinics or owners of clinics. “We regulate the licensed dentist who is performing dentistry in these clinics — they’re not running willy-nilly as far as patient care,” Gough said. “But in order for us to regulate the actual corporate entity, it would require legislation.”

Jim Moriarty, a Houston lawyer who prosecutes Medicaid fraud cases, argued that the board is taking the easy way out by saying it doesn’t have the power to punish private entities and those practicing without a license.

“I’m appalled when I hear the board say they have no control over these people. Texas has some of the best regulations in the country, but the law is just not being enforced,” Moriarty said. “The board sits like an ostrich with its head in the sand saying, ‘If they don’t have a license, we can’t do anything.’”

Charlie Gustin, a San Antonio lawyer who works with children on Medicaid, told lawmakers about a boy he represented who went in for dental work and ended up worse off than he started.

He was given double the amount of local anesthetic required for a child his body weight and received 20 baby root canals and 20 stainless steel crowns in less than
an hour.

When he went to another dentist for remedial work, 14 of the 20 crowns popped out and the dentist noticed excess cement left in his mouth that can cause infection.

The dentist filed a complaint with the board and found that the first dentist’s license had been suspended in New York before he came to Texas.

“But the state board online lists no disciplinary actions,” Gustin said. “We need more disclosure to the public when you have a dentist that’s been kicked out of another state. But according to our state board of dental examiners, he’s clean. And that’s a problem.”

More fraud complaints
Joy Sparks, the board’s general counsel, said that over the last two years, Medicaid fraud complaints have increased, probably because reimbursement rates have gone up.

“The state increased the reimbursement rate to make it more lucrative for dentists to take Medicaid patients. … Once that occurred, there were those who took advantage of the system because it became more profitable to participate in Medicaid.”The House panel said it would consider efforts in the next legislative session to overhaul the dental regulations.