Thursday, August 29, 2013

Oral Surgeon accused of sexually molesting 3 teens allowed to open his own “private” “clinic”

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

pnj logo

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.

Wednesday, August 28, 2013

Dentists BEWARE -Kool Smiles Dental Center dentist thrown under the bus by NCDR, LLC

Looks like Dr. Tuan Truong aka Terry Troung is to Kool Smiles Dental what Robin Lockwood is to Ocean Dental. 
I bet ole Dr. Troung thought he was free and clear since leaving Kool Smiles.  If Dr. Troung thought NCRD, LLC was going to protect him, he was very wrong.  They will NOT! 
If you work for any of these type of places, you’ll be looking over your should for the rest of your life.
To Dr. Troung, and all other dentists working for these Medicaid mills, “I told you so.”.

reporternews logoPublished August 27, 2013
An Abilene dentist pleaded guilty in federal court Tuesday to one count of making a false statement in connection with a health care matter, according to a U.S. Department of Justice spokeswoman.
Dr. Tuan Truong, aka Terry Truong, admitted to falsely billing Medicaid for between $120,000 and $200,000 between June 2008 and July 2009, said Kathy Colvin, spokeswoman for the justice department. Truong practiced pediatric dentistry at Kool Smiles in Abilene.
U.S. District Judge Jorge A. Solis has not yet sentenced Truong, who faces a maximum penalty of five years in federal prison, a $250,000 fine and restitution.
“In summer 2008, Truong began working for Kool Smiles, which paid him a base salary and offered opportunities for bonuses based on additional procedures he performed in excess of daily targets set by Kool Smiles management,” Colvin said.
By falsely billing Medicaid, Truong collected $32,749 in bonuses he otherwise would not have collected.
The Medicaid Fraud Control Unit of the Office of the Attorney General for the State of Texas conducted the investigation.
Dr. Tuan (Terry) Truong, DDS TSBDE Action signed April 2011

Senate Report On Corporate Dentistry in Medicaid (includes Kool Smiles)

Monday, August 26, 2013

Antoine Dental Centers tells Texas HHSC-OIG to “Stick” it

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?

Tuesday, August 20, 2013

Why bother?

This is embarrassing on so many levels!  Why even bother?!  Why bother prosecuting?  Why bother reporting it?


WHEC-TVThe 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.

Dr. Richard Malouf’s All Smiles Dental has been purchased by another “chain” in Texas–South Texas Dental

Dallas Business JournalBill 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.

NY Law Journal




Lawsuit Proceeds Against Dental Chain That Left Child in Pain

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.

Read more:

Yeah, it requires premium membership which I don’t have, but at least the Small Smiles cases are in the New York Law Journal

Ever wonder just what caliber of dentists the ADA considers distinguish enough to be a District Trustee?

Thomas FloydHere is why their judgment should not be trusted.  

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”].

Friday, August 16, 2013

More non-compliance issues and attorneys plan to blame the children for the abuse suffered by Small Smiles dentists

DTM Avatar-TransparentI 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.”

Thursday, August 15, 2013

Small Smiles Dental Centers’ last ditch effort to avoid trial has FAILED

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:



FORBA Holdings, LLC

Dan E. DeRose
n/k/a Church Street Health Management, LLC Michael A. DeRose


Edward J. DeRose


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
These sweet children were hurt and abused and forevermore changed from as far back as 2006, and it’s finally making it to trial!  So, as a warning to all you dentists still employed there, don’t think your ass is out of a bind when you quit; cause it “ain’t”.  Not by a long shot!

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.” 

Friday, August 09, 2013

Academy Of General Dentists (AGD) and the American Dental Association (ADA) Respond to Scathing Senate Report on Corporate Dentistry

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

AGD Applaude Senate Report - Dental Tribune w-DTM


Dental Tribune

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.”

Thursday, August 01, 2013

Dr. Benjamin Lloyd Porter, DMD, receives horrible reviews. Maybe it’s the heroin?

Jun 25th, 2013

VitalsThis dentist is horrible. He lacks the proper training to take care of his patients. Be very careful when considering him.

Feb 19th, 2013

Terrible Dentist. Does not follow proper procedures and doesn't care about the welfare of his patients.

Ind. dentist arrested with heroin, police say

Benjamin Porter DMD Mugshot

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.


LaPorte (IN) dentist arrested for heroin

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

Porter Family Dentistry

David L. Porter and Benjamin L. Porter
Porter Family Dentistry, La Porte, IN