Dr. Thomas Floyd 2012-04834 - Florida Department of Health v Thomas Floyd - Amended Complaint
By Austin L. Miller
Staff writer
A dentist whose license was suspended Wednesday by the state on allegations of possible child abuse was also the subject of four complaints to Ocala police, but the complaints were determined to be unfounded.
Ocala police detectives investigated the complaints and sent their findings to the State Attorney's Office for review. The criteria for child abuse was not met in any of the complaints, authorities said.
In the four cases, the parents said they took their children — ranging in age from 18 months to 7 years — to Polliwog Dental at 255 SE 17th St., Ocala, for procedures and later said there were signs of abuse, officials stated.
Two of the four cases also were sent to the state Department of Health. That agency ordered the emergency suspension of Dr. Michael Addair Tarver, owner of Polliwog Dental, on Wednesday. Tarver is a board-certified pediatric dentist.
Tarver, in an email to the Star-Banner on Wednesday, vigorously denied the allegations and said he has hired an attorney to fight the accusations.
The DOH concluded that the 33-year-old dentist violated several state statutes and patient trust, and altered patient records. In one instance, the DOH said, a 4-year-old girl stopped breathing during a dental procedure and had to resuscitated, but her parents were never notified about the incident. His actions, the DOH stated, "demonstrates that he cannot reasonably be expected to comply with any sanction short of suspension."
Polliwog Dental Children's Dentistry, is at 255 SE 17th Street in Ocala, Florida 34771
By Austin L. Miller
Staff writer
Published: Wednesday, September 4, 2013 at 7:55 p.m.
Last Modified: Wednesday, September 4, 2013 at 7:55 p.m.
OCALA, FLORIDA — An Ocala dentist whose office was visited in late July by authorities who removed files and interviewed employees has had his license suspended, according to the state Department of Health.
A report by the DOH ordered the emergency suspension of Dr. Michael Addair Tarver’s license to practice dentistry.
The order, dated Wednesday, states that Tarver is a board-certified pediatric dentist. He’s the owner and operator of Polliwog Dental, a children’s dentistry office at 255 SE 17th St.
DOH officials said the emergency suspension order is directed at the individual, not the facility. Therefore, while Tarver cannot practice in the state of Florida, his wife, Dr. Rebecca Tarver, also a licensed dentist, can practice, and therefore the facility remains open, DOH said.
Tarver disputes the allegations against him.
“I am profoundly disappointed and shocked that the Board of Dentistry would take such action without even reviewing the facts or giving me a chance to defend myself,” he said in an email to the Star-Banner, adding that his attorney is “fighting this decision” and that he expects to have his license reinstated soon.
Hailing his wife as an excellent dentist, Tarver said the office is open and “will continue to provide quality care.”
The 10-page document outlined the reasons for the suspension:
DENVER (CBS4 ) – A dentist who reused needles and put thousands of patients at risk of contracting deadly diseases has been arrested in Nevada.
Stephen Stein was arrested just after 1 a.m. Aug. 12 for cocaine and driving under the influence near Lake Tahoe in Nevada.
Court documents state Stein was speeding, 48 mph in a 35 mph zone, while intoxicated with cocaine.
Officers said they found “a hollowed out ink cartridge” in the Chevy Traverse he was driving.
In Colorado last year, Stein had been investigated by police in Denver for prescription fraud for alleged practices out of his two offices in the Denver metro area. State charges were never filed.
Stein agreed to surrender his dental license last year after the Colorado Department of Health discovered he had been under the influence of painkillers while treating patients.
Examiners said Stein admitted to being a drug addict. The board also found he had been using drugs intended for patients.
Since Oct. 1, 2012 six former patients of Stein have tested positive for either hepatitis or HIV.
It’s not known whether they contracted the diseases from Dr. Stephen Stein’s office. Stein has since surrendered his license as an oral surgeon.
About 8,000 of Stein’s patients were sent letters asking them to get tested. The health department says it’s impossible to definitively tell if the infected patients got sick from Stein.
Stein had offices in Cherry Creek and Highlands Ranch.
Stein is scheduled for court in the Lake Tahoe area on Sept. 17. Court officials said that is when the results of his blood tests will be released.
Patients of Dr. Stephen Stein urged to get tested for HIV and hepatitis
I’m sure we will see Dr. Turbyfill in the news again. It’s just a matter of time. Clearly the state of Florida learned little from the Dr. Thomas Floyd fiasco.
Aug. 27, 2013
FLORIDA - A Pensacola oral surgeon plans to start a new practice after reaching a settlement agreement with the Florida Department of Health over accusations of sexual misconduct with three sedated teenage patients.
Dr. David “Ty” Turbyfill has denied the allegations, calling them unfounded.
The Florida Board of Dentistry has approved the agreement, which allows Turbyfill to continue his practice. The deal calls for him to pay a $10,000 administrative fine and $4,630 in costs associated with the case. It also requires him to be monitored by a licensed health professional when using anesthesia or conscious sedation.
Turbyfill was formerly a partner of Oral & Maxillofacial Surgery Associates on North 9th Avenue.
His license has been restricted since April, when the state health department issued an emergency order after the allegations surfaced.
The department filed an administrative complaint later that month stating that staff members had seen Turbyfill acting inappropriately with three female patients on four occasions, twice with the same patient, between Nov. 16 and Feb. 20. Among claims in the complaint, witnesses alleged that Turbyville was seen moving his hips and pelvic region suggestively near patients and seemed to be sexually aroused in the presence of some patients — covering his groin and leaving the room on more than one occasion.
Antoine Dental Center (ADC) and owner Dr. Behzad Nazari, was been placed on an administrative Credible Allegations of Fraud (CAF) 100% payment hold from Medicaid reimbursements/payments in Texas in April 2012.
CAF - Federal law defines a “credible allegation of fraud” as an “allegation, which has been verified by the State, from any source.” 42 CFR § 455.2 states that the source of these allegations may include, but are not limited to, “(1) fraud hotline complaints, (2) claims data mining, (3) patterns identified through provider audits, civil false claims cases, and law enforcement investigations. Allegations are considered credible when they have indicia of reliability and the State Medicaid Agency has reviewed all allegations, facts, and evidence carefully and acts judiciously on a case-by-case basis.
Since Dr. Nazari disagreed with this payment hold he filed a suit against Texas Health and Human Services Commission – Office of Inspector General (HHSC-OIG) —State Office of Administrative Hearings (SOAH) Docket No. 529-13-0997; HHSC-OIG Case number P20111316523848911.
On May 28, 2013 four days of hearings began where evidence from both sides was presented to the judges at the SOAH in Austin.
On August 23, 2013 both sides filed their written Briefs and Closing Arguments. They can be read by clicking the links at the end.
One Brief and Closing made perfect sense, with facts and logic along with visual aids. One sounded like a babbling idiot recounting a fairy tale. Guess which was which.
ADC and Dr. Nazari seem to think that division, and possibly the whole OIG office, is completely unnecessary.
In the ADC Brief and Closing Argument they state:
“How can the OIG support any credible aggregations of impropriety regarding HDL score sheets when the underlying diagnostic material was made available to the State and the State pre-approved the analysis that was reflected on the HDL score sheets? “
This is embarrassing on so many levels! Why even bother?! Why bother prosecuting? Why bother reporting it?
The state attorney general's office says there's a criminal and civil settlement with a Rochester dentist who fraudulently billed Medicaid.
The office says Dr. Samir Khalil previously plead guilty to grand larceny charges. According to the felony complaint, he improperly received more than $480,000 from Medicaid over a four year period. In addition, the office says he "upcoded" and billed Medicaid for claims and services which resulted in more than $3,000 in false billings.
Investigators say he collected the money through his company Parkwood Dental Care on Elmwood Avenue.
"As taxpayers, we rely on a good health care system for all of us," says Catherine Wagner of the Attorney General's Medicaid Fraud Unit. "When a provider defrauds it and takes advantage it's a trickle effect on the integrity of the health care program of Medicaid and other programs."
The office says Khalil completed the last of his payments back to New York State and was sentenced to full restitution and community service on his felony conviction.
- Bill Hethcock
- Staff Writer- Dallas Business Journal
- Email | Twitter | Twitter | Google+
South Texas Dental, which operates family dental centers in Houston, Dallas, Fort Worth and San Antonio, has acquired the 12 offices of the All Smiles general dentistry practice in North Texas.
Financial terms of the transaction were not released.
Three of the offices are in Dallas, two are in Fort Worth, two are in Arlington and single offices are in Garland, Grand Prairie, Haltom City, Irving and McKinney.
Each of the acquired offices has been re-branded as South Texas Dental, and staffing levels and hours of operations will remain unchanged. Each office will accept Medicaid, CHIP and most insurance providers.
South Texas Dental representatives could not immediately be reached for comment.
South Texas Dental now operates 38 family dental centers. The centers are owned entirely by their dentist partners, who make all decisions involving patient care.
“This transaction allows us to acquire dental centers with an established base of satisfied patients,” Dr. Chad Park of South Texas Dental said in a press release. “We spent a great deal of time evaluating each center and patient charts before proceeding with the acquisition.”
I don’t know how much real time was spent “evaluating” each of Malouf’s clinics, but I bet they didn’t doing much digging or the bones would have surfaced.
By John CaherContactAll Articles
New York Law Journal
August 20, 2013
A chain of dental offices geared toward children covered by Medicaid whose employees claimed it was normal for a 4-year-old patient to be "swollen, in pain, crying, visibly shaken, upset and afraid of the dentist" after drillings, often done without anesthesia, has been denied summary judgment.
Yeah, it requires premium membership which I don’t have, but at least the Small Smiles cases are in the New York Law Journal
Maybe you remember Dr. Thomas Floyd from his mug shot? No?
Well, maybe the news reports below about the distinguished gentleman (sarcasm) will jog your memory. Or educate those who are familiar with Dr. Thomas Floyd.
Below is an announcement by the ADA stating what a glorious event the “Medicaid Challenges and Strategies Symposium” of 2008 turned out to be, which included the leaders of each of the ADA’s 17 "trustee districts”
August 04, 2008
Medicaid challenges, strategies examined
By Stacie Crozier
Seventeen private practice dentists—one from each ADA district—who logged at least 1,000 Medicaid and State Children's Health Insurance Program patient visits in the last year gathered at the ADA June 23 to identify challenges and successful strategies for improving access for this population group.
[We all know Dr. Thomas Floyd probably logged that many a week! Wonder what the other 16 dentists “logged”].
I have the transcripts from the hearing held in Syracuse on Wednesday (14 Aug 2013) and right out of the gate there seems to be a problem right out of the Nashville office with “compliance”. I’m sure everyone is shocked, right?
Guess who seems to have a problem with it, compliance, that is? It would be Ms. Linda Zoeller. What is the problem you ask? She is having problems “complying” with a court Order issued several months ago. (I know, stop laughing.) Of course she is having trouble. I know, I know, they don’t understand “comply” “compliance” or any other form of “following the rules”. Yes, I know, Zoeller is the one who files the thousands of falsified documents for the fake owners and yes, I know she is the “keeper of the rubber stamps” (rubber stamp signatures of “owner dentists”), so of course she is not going to be forthcoming in anything she does. Non of these folks are, they believe to their core laws, rules, standards and guidelines do not apply to any of them! And frankly, from what I’ve seen so far, they are right; no one makes them follow any rules.
Well, apparently the folks in Nashville are still trying to hide evidence, and Zoeller is assisting in that endeavor. (Stop it! I know you are in tears laughing… lol). Zoeller issued an affidavit a few days ago and the attorneys, nor the judge can figure out if she (Zoeller) is saying she is finally in compliance with the court’s Order or not in compliance. Just from my experience, I’m going with “not”.
Amazingly Zoeller is having problems producing the performance reviews and and evidence on how they disciplined the dentists who didn’t meet the financial goals of the company. I can’t imagine why they would want to hide that information! (sarcasm) You know they actually sent some files with blank performance review sheets in them! I take that as a big ole F you!
If I were any of the dentists on trial, I would certainly want them shown to the court. But I guess before that, those dentists have got to stop with the bullshit singing the corporate song and start worrying about saving their own asses. Have the dentists not realized yet, these attorneys do NOT have their best interest at heart!
Zoeller is one old heifer I’d love to see on the stand and under oath, with a special perjury officer standing beside her. Or, maybe one of those bark collars that shocks her ass every time she lies. Oooo…what about a lie detector projected on a screen for the jury to see as she is asked questions. Gosh, I’d buy a ticket for a performance like that, wouldn’t you? Yeah, I know we can’t do that, but it sure would be fun. One this is certain, she would likely blow a lie detector machine in about the first 3 minutes or less.
Anyway, they have been trying to hide this intel for almost a year,(ok, since the beginning of time) still no one can figure out if Zoeller is saying she has produced them all or not. I have a pretty good idea, don’t you?
Zoeller basically says she is over worked and they are short handed and in the past year hasn’t had time to pull any files. LMAO! Zoeller says she is working 80 hours a week. Well, damnit, I’m close enough to check that out. Just saying…
Anyway, the judge plans on issuing an “adverse inference” sanction and is going to require Zoeller to be at the hearing to answer some questions. Ooo, I might have to make this one.
The judge says, “…clearly, my view, based on in large part Miss Zoeller’s affidavit about the efforts or lack of efforts that were made, is that an adverse inference is appropriate here.”
“… I do think that the failure to produce was willful.”
“…it is very clear from Miss Zoeller’s affidavit that they didn’t take seriously this, the obligation to preserve these records, to obtain and preserve these records during the course of the litigation.”
After 2 years or more of stall tactics by attorney’s representing Small Smiles Dental Center defendants, the New York trials are set to begin in three weeks! Yes, you heard me, three, count’em 1… 2,…3… weeks! Yahoo! Jury selection set to begin September 9, 2013.
Tuesday (August 14, 2013) the court ruled against Small Smiles and defendants and their plea for a Summary Judgment — essentially telling the old boys to buckle-up, quit whining, they have you by the balls, be ready for trial or start writing checks. Small Smiles Dental Centers’ former dentists (17 in total) and that nasty DeRose crew in Colorado are in for a very bumpy ride.
Small Smiles Dental Centers NY Malpractice Defendants are: |
Companies | Individuals |
FORBA Holdings, LLC | Dan E. DeRose |
n/k/a Church Street Health Management, LLC | Michael A. DeRose |
FORBA NY, LLC | Edward J. DeRose |
FORBA, LLC n/k/a LICSAC, NY, LLC | Adolph Padula |
DD Marketing, Inc. | William A. Mueller |
DeRose Management, LLC | Michael Roumph |
Small Smiles Dentistry of Albany, LLC | Maziar Izadi, DDS |
Albany Access Dentistry, PLLC | Laura Kroner, DDS |
Small Smiles Dentistry of Syracuse, LLC | Judith Mori, DDS |
| Lissett Bernal, DDS |
Edmise Forstal, DDS | |
Evan Goldstein, DDS | |
Keerthi Golla, DDS | |
Nassef Lancen, DDS | |
Wadia Hanna, DDS | |
Koury Bonds, DDS | |
Tarek Elsafty, DDS | |
Dimitri Filostrat, DDS | |
Yaqobb Khan, DDS | |
Delia Morales, DDS | |
Janine Randazzo, DDS | |
Loc Vin Nuu, DDS | |
Grace Yaghmai, DDS | |
and others |
Some of the dentists say the used their best medical judgment to provide dental care to the children suing them, but evidence indicates that isn’t even close. In fact, it’s laughable! Evidence provided showed Koury Bonds, DDS and the others violated the “relevant standard on care” on several issues.
According to the ruling, there is plenty of evidence these dentists prepared and recommend treatment without clinical justification and performed substandard care.
They unnecessarily restrained children in papoose boards; extracted teeth that without clinical justification; failed to use local anesthetics, filled teeth that didn’t need to be filled; altering records; performing unnecessary baby root canals;(remember that $35 million dollar award a few weeks ago over unnecessary root canals?) failed to obtain proper informed consent for treatment from parents; just to name a few. These guys knowingly and purposefully used informed consent forms that they knew did not meet the standards or guidelines of the American Academy of Pediatric Dentistry (AAPD).
Now, haven’t I been screaming this as loud as I can for some 6 years now. Everything I’ve uncovered and reported here about this horrible place is being proven to be the truth, and it looks like it’s going to be told in front of a jury, pretty damn quickly.
In the ruling the Judge states, “There…is ample evidence from which a jury could concluded that the defendants perpetuated a fraud on the plaintiff by treatment him and other Small Smiles patients not to meet his medical needs but as a means to maximize profits for the dentists, corporations and Individual Defendants.” (the DeRose crew)
More excerpts from the ruling:
“Email correspondence… demonstrates the overriding emphasis on profits.” One such email between Michael Roumph and the lead dentists in the Albany NY clinic states “[p]roduction per patient needs to improve.”
If you read this blog at all I’m sure you haven’t forgotten the Joint Staff Report issued a couple of weeks ago, by Senators Baucus and Grassley, where they told of the abuse and illegal activities of Small Smiles Dental and other corporate dental chains. With Small Smiles in particular they laid it out for everyone; from the founders to the current CEO and Garrison Group.
To top it off, they all but call the folks at HHS/OIC who are supposedly “monitoring” this company, incompetent imbeciles. It for certain shed light on the “pay to play” action going on between HHS/OIG and Small Smiles Dental Centers; sounded more like a game of Cat and Mouse Extortion between the two to me. If HHS/OIG were actually assessing the fines for this company laid out in the 2010 Corporate Integrity Agreement, I’d say it would add up to $4 Billion by now. (ok, I’m exaggerating, but it would be HUGE!) A couple of years ago, I was told by someone I won’t quote (they don’t like being quoted at HHS/OIG) that they…being OIG…take “Quality of Care Corporate Integrity Agreements very seriously. I say HA! (as I role my eyes)
Anyway, below are the responses from the AGD and ADA to the Baucus- Grassley Report. Hard to believe they are housed at the same address in downtown Chicago.
(I may have messed with the picture a little, but I couldn’t help it. I only have so much control, ya know)
The AGD Response
AGD applauds Senate report on corporate dentistry
Jul 26, 2013
CHICAGO, Ill., USA: The Academy of General Dentistry (AGD) is applauding a jointly issued U.S. Senate report that criticized large corporate dental practices that engage in deceptive overtreatment of patients. The report, co-released July 23 by Sen. Max Baucus (D-Mont.), chairman of the Senate Committee on Finance, and Sen. Chuck Grassley (R-Iowa), the ranking member of the Senate Committee on the Judiciary, is titled “Joint Staff Report on the Corporate Practice of Dentistry in the Medicaid Program.”
The report says that the Office of Inspector General of the U.S. Department of Health & Human Services (HHS) “should exclude from participating in the Medicaid program” any other corporate entity that employs a “fundamentally deceptive business model resulting in a sustained pattern of substandard care.”
Jun 25th, 2013
This dentist is horrible. He lacks the proper training to take care of his patients. Be very careful when considering him.
http://www.vitals.com/dentists/Dr_Benjamin_Porter/reviews#ixzz2ajBCYVVb
Feb 19th, 2013
Terrible Dentist. Does not follow proper procedures and doesn't care about the welfare of his patients.
http://www.vitals.com/dentists/Dr_Benjamin_Porter/reviews#ixzz2ajBGgUJj
July 31, 2013 (LAPORTE, Ind.) (WLS) -- A LaPorte dentist was arrested during a traffic stop on the Indiana toll road after police found heroin.
Officers stopped Dr. Benjamin Porter for speeding on Monday night. Investigators say a police dog alerted them to the presence of drugs in the car.
Officers say they found ten small bags of heroin.
http://abclocal.go.com/wls/story?section=news/local/indiana&id=9191370
July 31, 2013|By Stan Maddux | WSBT-TV Correspondent
PORTER COUNTY, INDIANA – A dentist from LaPorte was charged Wednesday after police on the Indiana Toll Road allegedly discovered a large amount of heroin in his vehicle.
Benjamin Porter, 30, told officers in Portage that he had snorted two baggies of heroin prior to being pulled over, police said.
He was charged in Porter County with dealing in a narcotic drug, a Class A felony, and possession of a narcotic drug, a Class C felony.
According to Portage police, an officer observed a 2004 Chevy Impala weaving eastbound through traffic and clocked the car at 62 mph in a 40 mph zone near a toll gate about 7 p.m. Monday.
The driver identified himself as Porter and told the officer he was on his way to LaPorte from Merrillville.
According to police, Porter seemed lethargic, broke out in a sweat, carried an odor of alcohol and avoided eye contact with the officer, who became suspicious enough to call for a K-9 dog to help with a search for drugs.
Porter then revealed heroin was in the car, said police.
According to police, 13 postage stamp-sized bags containing suspected heroin along with two straws containing an alleged heroin residue were among the recovered items.
His practice is Porter Family Dentistry at 1112 Indiana Ave. in LaPorte.
Porter is also listed as a service provider at LaPorte County Dental Services, a clinic operated by I.U. Health LaPorte Hospital & Physicians that offers dental care free or at a discount to low-income individuals.
According to the Porter County Prosecutor's Office, he was still being held Wednesday afternoon on $16,000 cash bond.
He's expected to be arraigned on the charges Friday.
He could face anywhere from a 20- to 50-year sentence on the Class A felony charge and two to eight years in prison on the Class C felony offense.
Currently checking Dr. Porter’s dental license in Indiana shows no “previous actions”, but that doesn’t mean he’s not been there a hundred times. It’s likely to say the same thing this time next year!
License Number: 12011510A
Issued July 7, 2010
License Type – CSR (Controlled Substance Registered)
Laporte Community Health Center
400 Teegarden St
Ste A
La Porte, IN 46350
(219) 326-0043
Porter Family Dentistry (
1112 Indiana Ave
La Porte, IN 46350
219-362-5205
David L. Porter and Benjamin L. Porter
Porter Family Dentistry, La Porte, IN
by Eddie Burkhalter
eburkhalter@annistonstar.com
Jul 28, 2013
When Quintoya Seawright’s 3-year-old daughter, Destiny, chipped a baby tooth in November 2010, the young mother took her to the Small Smiles clinic in Montgomery. Quintoya, 25, would end up taking her daughter to the clinic four times that month.
On the last visit on Nov. 9, her daughter was strapped to a board for an hour while the dentist struggled to place two stainless steel caps on baby teeth while her daughter screamed and struggled, saying she could still feel it, the family said.
But without much money, the young mother had to rely on Medicaid to pay for her daughter’s care. Small Smiles specializes in treating children eligible for Medicaid. The company operates another clinic in Dothan.
The large dental chain is owned by a private equity firm and is managed by Nashville-based CSHM LLC. A report released by the U.S. Senate Finance Committee last week claims Small Smiles and clinics like it are motivated by profit, often performing unnecessary procedures, and should be removed from the Medicaid program.
The report also says the clinics are operating in violation of laws in 22 states, including Alabama, that ban anyone other than a licensed dentist from owning a practice. The report states that CSHM actually owns and operates the clinics, and not the “owner” dentists the company enlists to skirt to get around those state laws.
Quintoya said she was never allowed to go back with her daughter to watch the procedures at Small Smiles, but the 3-year-old girl’s grandmother, Sophia, demanded she be allowed on the girl’s last trip.
Destiny began pulling at her mouth, so workers strapped her arms and legs to the board, then the dentist struggled for an hour to place the two caps on the tiny baby teeth while Destiny “kept saying she still felt it. He said, ‘No. She’s numb. It’s just the noise,’” said Sophia.
“Her heart was just beating so fast,” Sophia said. “The lady was holding her head down and was trying to get her to open her mouth by squeezing her nose.”
Destiny had a total of five stainless steel caps placed on baby teeth over four visits. One cap fell out along with the tooth a couple weeks later. Quintoya said she never heard the dentist say her daughter had cavities in those teeth, but he said the caps would help prevent them from forming.
“I’m not sure if it was a necessity to have all those silver things in her mouth,” Sophia said.
Read more: Anniston Star - Corporate dentistry criticized for unethical practices unnecessary procedures
Don’t miss this is an in-depth report. Mr. Burkhalter asks some hard questions, the answers didn’t surprise me. Standard responses expected.
“We didn’t do it”
“We didn’t know it”
“It’s not our problem”
Alabama dental clinics operating illegally, Senate report says
by Eddie Burkhalter
eburkhalter@annistonstar.com
07.25.13 - 08:04 am
Several Alabama dental clinics are operating in violation of state law, and are putting profits before patient care, according to a report released this week by the U.S. Senate Finance Committee.
Those clinics are performing unnecessary procedures to pay the corporate investors that own the clinics, the report states. The report recommends that state and federal agencies end that practice by enforcing existing laws.
The 1,500-page report, put out by Sens. Charles Grassley, R-Iowa, and Max Baucus, D-Mont., marks the end of a two-year investigation into the practice of corporate dentistry by the staff of the Senate’s Committee on Finance.
Among the companies investigated was Aspen Dental, a nationwide chain of dental clinics that is opening an office in Oxford this year.
Small Smiles dental clinic — one of the largest dental chains in the U.S. — operates clinics in Dothan and Montgomery, and is the center of much of the Senate investigation and report.
According to the report, Small Smiles, managed by Nashville-based Church Street Health Management, skirts laws in states — including Alabama’s Dental Practice Act — that ban dental clinics from being owned by anyone other than a licensed dentist.
The company does that by entering into contracts with “owner” dentists licensed in the state in which the clinic operates, according to the report. CSHM claims to only manage the clinics, the report’s authors write.
But the company retains control of daily operation, according to the report, from hiring, firing and training staff to controlling the bank account and setting production goals that require dentists to treat large numbers of mostly low-income children eligible for Medicaid.
Read the rest of this in-depth report here. Don’t forget to make your comments.
Jul 24, 2013
PITTSBURGH —A blistering report says taxpayer dollars are being wasted at a national chain of dental clinics, including one in Pittsburgh
The Senate began its probe following a Channel 4 Action News investigation into the Small Smiles dental clinic.
The clinics have been accused of performing unnecessary procedures on children to get more taxpayer money from Medicaid.
In its report, the Senate Finance Committee says that is still going on and so Small Smiles should not get more money from Medicaid.
None of the families interviewed outside the Small Smiles clinic in East Liberty were aware of the Senate report.
After learning of the report, the Bagley family had second thoughts about the surgery being planned for 5-year-old Christopher.
Read more and see video report, along with other investigations of Small Smiles by WATE here: http://www.wtae.com/news/local/investigations/senate-report-says-small-smiles-dental-clinics-wasting-taxpayer-money/-/12023024/21150480/-/n6efhkz/-/index.html#ixzz2a4MbwQOF
July 23, 2013
by BYRON HARRIS
WFAA
Posted on July 23, 2013 at 10:10 PM
Updated today at 2:46 AM
DALLAS –– An unprecedented release of documents by the Dallas County District Attorney’s office tracks the investigation of All Smiles Dental Centers (ASDC) for eight years and illustrates how local, state and federal officials responded to information and complaints about the clinics.
Dr. Richard Malouf and his wife Leann displayed the trappings of wealth as owners of ASDC, as their clinics treated children under the Texas Medicaid dental program. D Magazine named their mansion as one of the city’s 40 largest. A private water park and pair of corporate jets were theirs to enjoy as well.
News 8 obtained hundreds of pages of documents in the investigation of Malouf and his former company, All Smiles Dental Centers, under the Texas Public Information Act.
Read the entire story at WFAA Website Here
Despite signing a Corporate Integrity Agreement with the US Government in 2010 Small Smiles Dental Centers continue with their fraud and abuse of children as reported in The Joint Staff Report On The Corporate Practice of Dentistry In The Medicaid Program issued by Committee on Finance United States Senate, Max Bacus,Chairman and Committee On The Judiciary United States Senate, Chuck Grassley, Ranking Member, July 2013.
(Despite the 1,500 pages in the report only pages 1-33 (5-37 of the pdf file) are the findings and recommendations, the rest are exhibits
Oxon Hill Maryland
Oxon Hill, Maryland was one of the dental centers reported on in 2007 which brought Small Smiles Dental Centers to the public’s attention. It’s been 6 years and appears nothing has changed much. Here is just some of what the Joint Senate report says about the Oxon Hill Small Smiles Clinic:
“only five of the 20 inspection reports mentioned in the Senate report fell under its watch.”and
…"We've taken action to help CSHM improve its quality of care and management,"and
…“The new team immediately initiated an aggressive turnaround effort premised on patient care, clinical excellence and regulatory compliance,” the company said.Well, that’s nothing to be crowing about, since the “new management” only legally acquired the company 13 months ago putting a guy by the name of David R. Wilson in charge. That was in June of 2012, (13 months ago) so 1/4 of the inspections mentioned in Bacus/Grassley report took place under their watch. This is not a good record in my opinion — heck it’s as bad if not worse than the Michael Lindley/Al Smith or DeRose Family regimes. Nor it does it demonstrate anything close to “an aggressive turnaround effort on patient care”. What it does demonstrate, however, is “business as usual”.
“Twice last year the HHS inspector general threatened to exclude Small Smiles from the Medicaid program. But in a letter to Grassley and Baucus, Inspector General Daniel R. Levinson said Small Smiles fixed the problems by selling the Manassas clinic, paying a $100,000 penalty and addressing other concerns.”Now, did CSHM actually “sell” the Manassas, Virginia clinic? That is highly suspect! A guy out of Idaho left his own practice and moved his entire family to Virginia and slapped his name on the place, calling it Kids and Family Dentistry. Coincidently, at the exact same time, the Small Smiles flagship clinic in Pueblo, Colorado changed it’s name to Family and Kids Dentistry, making the “owner” the same guy who was the lead dentist working for Small Smiles at the time. (Logos have a odd resemblance about them, don’t they?) Anyone taking bets on whether the DeRose family — founders of Small Smiles —are somehow still involved with these two clinics?
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
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.
Public Health Investigation of Tulsa Dental Practice of W. Scott Harrington
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.
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.
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.
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.
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.
Floyd 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.