California Dental Board failed to keep creep away from patients

By VICTOR A. PATTON - vpatton@mercedsun-star.com

A Merced dentist was arrested on Tuesday by police, accused of sexually assaulting a patient under sedation.

Sang Hyuk Park, 43, was taken into custody around 10 a.m. after the patient contacted Merced police, reporting an alleged incident of assault by Park that happened while receiving dental work. The victim reported being in and out of consciousness, and awakening with his or her pants down and Park exposing himself, according to Lt. Tom Trindad.

Police haven't released the gender or age of the victim.

The alleged victim reported the incident on Oct. 23 and police arrested Park after serving a search warrant Tuesday at his 3040 Park Ave., Suite H office. While serving the warrant, police seized a photograph from Park's office that "helped out" with their investigation, Trindad said, although he wouldn’t elaborate further about the evidence.

Park was booked into the Merced County Jail on suspicion of felony sexual battery involving a restrained person and misdemeanor sexual battery. He was released after posting bail, police said.

No one was at Park's office on Wednesday. A sign posted on the front door said the office is closed until Thursday. Efforts to reach Park for comment were unsuccessful.

According to records from the state's Department of Consumer Affairs, the state had considered revoking Park's license in May 2009 after a variety of alleged violations surfaced against him, including unprofessional conduct, like subjecting patients to procedures they didn't need -- and even extracting teeth when it wasn't necessary.

Rather than revoke Park's license, however, the state placed Park on probation for a period of three years. According to state documents, Park had previously garnered the nickname "Speedy Gonzales" when working for Hatch Dental between January and April 2001, because he could perform more dental procedures on more patients in a shorter amount of time than his fellow dentists.

According to the state documents, Park was also accused of insurance fraud, and "charting, documenting, billing and submitting claims for and/accepting payment for dental work that was in excess of what could reasonably be accomplished by a competent dentist" during his time at Hatch Dental.

Police are asking anyone who believes they may have been a victim, or has information about the case to call Detective Raquel Rios at (209) 388-7766. Residents can text a tip to TIP411 (847411) using "comvip" as the first word in the message. Tips are kept confidential, and those providing tips can remain anonymous.

City Editor Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.

Factoids from the Texas House Hearing on Public Health October 15 2012

Statement to committee by TSBDE Executive Director,Glenn Parker

Total number of dentists accepting Medicaid

4687 in August 2007

7399 in August 2012
Increase of 57%

Total number of Orthodontists accepting Medicaid

142 in August 2007

368 in August 2012

226% increase in providers

Civil Orthodontia "Whistleblower" Lawsuits

20 cases involving 400+ potential dentist defendants

8 convictions so far

2 plea agreements so far

4 indicted currently 

9 awaiting the Grand Jury

Credible Allegations of Fraud (CAF) Payment Holds

• 89 for non-orthodontic services
• 26 Orthodontic services

Criminal Medicaid Fraud Cases

153 total criminal cases (dentists, support staff,private equity investors)

45 are orthodontia related
         30 % orthodontic are fraud cases

27 orthodontic provider investigation completed

$229,000,000 of probable fraud

93% is the average of cases where patients did not qualify for braces. Ranging from 39% to 100% of records checked so far.

$154,000,000 in general dentistry of probable fraud

55% is the average of overutilization - billing fraud; overtreatment. Ranging from 25% by some providers to 99% by other providers.

Office of Inspector General & TMHP

August 2008 audit of TMHP revealed problems

2011 was follow-up on 2008 audit

12 investigation in 2011

108 so far in 2012

Time needed to complete an investigation

4 years in 2011

8 weeks by end of 2012

How do the new DMO's (MCNA & DentaQuest) in Texas negotiate to enroll providers?

Individual dentists - if the own their own clinic

Management, i.e. NCDR, LLC and CSHM - in the case of group practices.

TSBDE cases turned over to district attorneys

200 in 10 years - of individuals practicing dentistry without a license

3rd degree felony

5 convicted and jail time

if acted upon, most have plea agreements and board is not notified

Curbing illegal corporate practice of dentistry and patient shopping

DentaQuest -  Cease and Desist Letters

Texas State Board Dental Examiners (TSBDE) -

Forward to AG's office for investigation

Could but have not sent Cease and Desist Letters.

Look if someone is working for a non-dentist owner and take action against that dentist

Non-dentist may not influence or attempt to influnce a dentist in treatment, doing so is practicing dentistry without a license.

i.e. Doug Brown - Kool Smiles

i.e. David Wilson - Small Smiles

i.e. Stephen Thorne - Pacific Dental

i.e. Michael Dell – Affordable Dental

Have had cases where dentist being investigating said he or she was influenced by a Office Manager or other employee of a DSO.

5 dentists reported such in last 2 years

Took action against the dentist

# of Dental Practices or Dental Management Organizations

Unknown by TSBDE

Acronyms for illegal operating dental management companies

DSO – Dental Service Organization

DMSO – Dental Management Service Organizations

NDOE – Non Dentist own entities

Indicator of fraud

Billboards offering Free Braces

OIG re: Jail Time:

There will be, and there are, and it’s a parade of horrors. We don’t see the end of the parade but we are going to make sure that every body that participated in the parade gets to be evaluated to see if we can criminally prosecute them. We’re going to make sure that if there’s an ability to recover under the Texas Medicaid Fraud Prevention Act we will pursue that.

We are coordinating with the Office of Inspector General through our task force, if we find that the quickest way to get resolution and recover the money from them is to go through the Office of the Inspector General processes, through SOA, we will do that. So we are trying to attempt to anything and everything to facilitate the quickest resolution and get the state of Texas money that has been stolen from it, back.

It’s the “quickest resolution” that gives me pause.

Could they survive without Medicaid?

I’m talking about the private equity firms.

Just for the heck of it, let’s say, one of these dental mills were cut from the Medicaid program in Texas.

Let’s say they have 35-40 clinics and gross about $70 million dollars a year.

Taking the fact they are operating illegally out of the equation.

Without a scam like Aspen, rename their clinics, turn them into private pay-adults and children- and still survive?

Is DentalSmart designed to attract foreign investors?

There is a chain of clinics in South Carolina, called DentalSmart. It appears they are set up to attract foreign investors through, what is called an EB-5 Immigrant Investor program. (see bottom of post) I say this because it has entities set up described as EB5 Investment companies. Of course I could always be wrong.

DentalSmart
2020 Savannah Highway
Charleston, SC 29407
P. 1-843-735-6727

http://dentalsmartus.com/index.php

Trademark Registered May 12, 2011 by National Dental Centers of America, Inc.

National Dental Centers of America, Inc is a Delaware Corporation

South Carolina filings -
National Dental Centers of America, Inc
Brian Schleifer
17 Lockwood Dr. TE 401
Charleston, SC 29401
Filed 10-26-2010

DentalSmart EB5 Investment V, LLC
Registered Agent:
EB5 Investment Managers, LLC
301 Augusta Street
Greenville, SC 29601
Filed 9-6-2012

Judge Sally Montgomery and Richard J. Malouf birds of a feather? Neither seem to care too much about the law.

Judge Sally Montgomery, ranked one of Texas’s worst judges in 2006, still sucks.

Below is a story that should scare the hell out of every American. A Texas judge doesn’t care about the laws, she says exactly that. Sally is trying to silence free speech and especially whistleblowers.

It is an undisputable fact that if people like Byron Harris, Candace Evans, Jim Moriarty, myself and others weren’t talking about this scandal in dentistry and dental clinics like Malouf’s All Smiles clinics, where do you think we would be right now?

Would anyone be paying attention in Austin?

Just last week, at a hearing on Public Health Texas Rep. Lois Kolkhorst, said, ‘thank goodness for the Bill of Rights, because that’s really what brought it to a head.’

But for Harris and WFAA’s reporting there would be no joint task force in Texas and taxpayers would still be bleeding millions of dollars by the day.

Would anyone be paying attention in Washington?

In March, at a hearing in DC, it was recognized that it took a reporter in Texas to uncover the massive orthodontic fraud.

Would anyone be paying attention to the child abuse happening behind closed doors in these dental offices. That answer is NO!

Evidently, Judge Sally Montgomery of Dallas County Court, is not too fond of our “Bill of Rights.” She doesn’t care too much about Texas’s Citizens Participation Act either, a law passed unanimously in 2011.

It’s clear time has come to put Sally Montgomery out to pasture, and elect someone else to Dallas County Court No. 3.

 

 

 

Case against Candy Evans, Laura Wilson and WFAA gets nuttier thanks to power-hungry judge

 

By Teresa Gubbins

10.26.12 | 10:03 am

The lawsuit filed against real estate reporter and CultureMap contributor Candy Evans, Channel 8 WFAA and Laura Wilson by Strait Lane residents Richard and Leanne Malouf has moved into mediation, a process that begins on Friday.

Malouf, a dentist who's been accused of Medicare fraud, and his wife, Leanne, filed a lawsuit October 16 alleging that Evans et al trespassed on their property; invaded their privacy; and defamed, libeled and slandered them after publishing photos of the Maloufs' backyard with its ongoing construction of a massive waterpark.

"The parties have agreed to mediate the case, and we'll begin that process [Friday]," says Larry Friedman, who is representing Evans.

​The Maloufs filed a lawsuit October 16 alleging that Evans, Laura Wilson and WFAA trespassed on their property; invaded their privacy; and defamed, libeled and slandered them.

On October 19, Judge Sally Montgomery of Dallas County Court at Law No. 3 issued a temporary restraining order for two weeks, forbidding anyone from stepping onto the Maloufs' property. That put the case on hold and gave the parties an opportunity to mediate a solution rather than going back to court.

Texas DentaQuest–3 and 4 surface restoration reimbursement–Up. General anesthesia and IV sedation reimbursement–Up

Texas Stakeholders Meeting – October 26, 2012

Fee Changes by DentaQuest:

3 and 4 surface fillings are up, some more than double. For instance 4 surface amalgam's up from $60.02 to $125, 4 surface composites $75.06 to $135 – effective September 1, 2012.

Being the cynic I am, is this to make up the difference if it is finally decided stainless steel crowns have to be pre-approved?

Is to help keep the fraudsters stay out of hot water and still in the dough? Stainless steel crowns are $153, now 4 four surface amalgams just slightly less, where before they were dang near $100 less.

The sedation fees disturb me a slight bit. Of course none of it would disturb me if not for the lack of regard of children’s health and wellbeing these days.

Effective October 1, 2012 -

D9220 – General Anesthesia was $85.75 now, $125 first 30 min.
D9920 – GA each additional 15 min, was $30.63, now, $35.00

D9230 – Nitrous Oxide – NO CHANGE

D9241 – IV-Sedation was $119.44, now up slightly to $125 for the first 30 minutes.
D9242 – IV – Sedation was $28.44, now up slightly to $35 for each addition 15 min.

D9248 – Non- IV Sedation was $183.75, huge drop to $125.00.

 

 

 

 

 

 

 

 

 

 

Why was Waller, Lansden, Dortch, and Davis represented at the Texas House Public Health Committee meeting October 15, 2012?

The law firm of Waller Lansden was selected to serve as legal counsel to the Texas Health Services Authority (THSA), whose objective is coordination the implementation of strategic and operational plans for the health information exchanges (HIEs) that will provide access to electronic medical records throughout the State of Texas. (which is a whole other can of worms I’m leaving for someone else!)
On October 15, 2012,  Elizabeth Rogers of Waller Lansden testified before Texas House Public Heath Committee meeting in which she basically threw the Texas Dental Board under the bus for not doing it’s job. I agree whole heartedly with her assessment. (yes, I know, whether I agree with her or not is inconsequential) According to the roster, she was there representing the Texas Coalition of Dental Support Organizations
Anyway, here is Rogers’ testimony. Pull up a seat and listen. Then let’s talk.
(This was immediately after Diane Earle of Kool Smiles gave her testimony.)

Here is the handout given to the committee by Waller

Here’s what:
Waller Lansden serves as legal counsel to Dr Richard Malouf, of All Smiles Dental, in his initial plea deal w/ state Attorney General Abbott.
Waller Lansden also serves as legal counsel to Church Street Health Management (CSHM) (d/b/a Small Smiles Dental, Wild Smiles, etc.), and has been involved with the company from its acquisition by private equity investors. 2007 Waller Street News
I’m wondering how Waller’s, clients like Richard Malouf – All Smiles and CSHM-Small Smiles feels about what she had to say.
Currently Small Smiles is owned by Garrison Investment. Not sure if Waller spends a lot of time on CSHM? Well, here’s a time sheet. If you look closely you will see where they are actually the ones handling some serious compliance issues at one of the Ohio clinics.
Why is this a problem? Small Smiles gave birth to Kool Smiles. Two dentists from Small Smiles, along with a paramedic (sounds like the beginning of a bad joke) joined with FFL Partners to start Kool Smiles and NCDR, LLC.
I don’t know this to be 100% fact - but I’m pretty darn sure, Kool Smiles is one of the clinics on CAF – Hold in Texas. (Credible Allegations of Fraud) Meaning, they are not getting their money, hence Diane Earle sent to “fall on the sword”. Earle goes to Texas, swears her testimony is the truth, and 4 days later is having a production meeting in Atlanta at NCDR headquarters!! These execs at Kool Smiles and spineless cowards and have yet to lay themselves on the alter for sacrifice. But they will sure send out the stupid folks – Earle and Buckey for example. (sorry, got off on a KS rant there for a minute)
Another troubling aspect - Waller Lansden professes it is the counsel to the DSO’s here in this ad:
Waller Lansden Ad to Be Dental Management companies Top Firm
Besides all of the above, Waller Lansden are also members of the DGPA,  the group propagating the illegal operation of the dental management companies. Most of it’s members, founders, and officers belong to the dental management companies backed by private equity. I being a member of the “club” most likely to land in legal trouble, it’s a great idea. But… be part of the governing body involved in these matter is a whole other situation.
If Texas is working hard to close the doors on the hen house, don’t lock it down with the wolves’ operatives inside, unless they are double agents, of course.
Other written testimony from the hearing

HHSC-Chris Traylor and Doug Wilson Presentation

TSBDE-Glenn Parker Written Testimony

TDA-Dr. Richard Black Testimony

Kool Smiles-Dr. Diane Earle Testimony

Waller-Supplemental Handout

TAGD-Dr. Joey Cazares Testimony

South Texas Dental-Dr. Greg Lerner Written Testimony

Dental Management companies on the list of newly registered lobby efforts of Liberty Partners Group, LLC

Politico published a list of “new” lobbying registrations.

Look who is on the list. (list is at the bottom of the page)

Liberty Partners Group LLC: Affordable Care Inc.

Liberty Partners Group LLC: Aspen Dental

Liberty Partners Group LLC: Dental Group Practice Association

Liberty Partners Group LLC: Dental One Partners Inc.

Liberty Partners Group LLC: Great Expressions Dental Centers

Liberty Partners Group LLC: Hall, Render, Killian, Heath, & Lyman

Liberty Partners Group LLC: Heartland Dental Care

Liberty Partners Group LLC: Smile Brands

Liberty Partners Group LLC: Western Dental Services

 

Andrew L. Woods – Liberty Partners Group

You just can’t make sense out of nonsense.

Kool Smiles senior district manger tries to explain dental service organization to Texas lawmakers. Hope this wasn’t under oath. Ooops, it was. See Witness Affirmation Form

Pop the corn and watch a train wreck.

Diane Earle, DDS’s testimony October 15, 2012:

Here is the “raw” clip of Earle’s testimony

Didn’t the tones in their voices say, “Bless her hearts” ?

Final Bids in for Heartland Dental

Update Thursday October 25, 2012:

Effingham Daily News:

October 25, 2012

Heartland Dental Care for sale

Bill Grimes Effingham Daily News

EFFINGHAM — While international news services are reporting that Heartland Dental Care is for sale in a potential 10-figure deal, a Heartland executive said Wednesday that no deal would affect the local presence of the dental practice management giant.

    “We want the people of Effingham to know that we are committed to Effingham,” said Chad Thompson, the company’s vice president of administration.
 
  Thompson declined to comment on the potential deal, but international news service Reuters reported earlier this week that private equity firms KKR & Co., Apax Partners and Madison Dearborn Partners have bid for Heartland Dental. Reuters said the sale price could reach $1.3 billion.