Thursday, August 07, 2014

Dr. Michael Davis’ Series on Dental Scams- Parts I and II

 

Scams played on dentists: Part 1

By Michael W. Davis, DDS, DrBicuspid.com contributing writer

July 30, 2014 -- In a new three-part series, Michael W. Davis, DDS, details some of the ways dentists and dental offices are vulnerable to scams. This first part will introduce the series and discuss embezzlement and scams that are played on vulnerable employee dentists.

Dentists are played as marks for scams for several reasons. First, we are targeted because our earning potential is much higher than the general population. Traditionally, dentists have often operated in an isolationist bubble and often confer with colleagues on nonclinical matters only in unusual situations. The demanding focuses of the technical aspects of our profession often preclude us from closer examination of what may be obvious to others. We have blind spots. We are vulnerable.

Recently, courageous leaders in the dental profession such as Drs. Gordon and Rella Christensen have openly discussed embezzlement actions against them. These disclosures help dissolve any shame or guilt that other doctors/victims may carry. No one enjoys admitting they were scammed. However, open disclosures by victims help erode the smokescreen, which perpetrators depend on to pull off their scams.

Embezzlement

Embezzlement and employee theft against an owner/doctor can take many forms. The ADA estimates about a third of all dental offices will be or have been victims of embezzlement. Experts in systems management to prevent and investigate dental office embezzlement and fraud say estimates are greater than 50%. Regardless of the exact number, these risks are very real and potentially devastating to a dental practice.

The exact method of the scam can take on enough discussion to fill several volumes of books. In a common method, the office manager, who is generally valued and trusted beyond reason, pockets office receipts. These may be cash payments from patients that the office manager writes off.

Read the Rest of Part 1 on Dr. Bicuspid

 


 

Scams played on dentists: Part 2 -- Consultants and practice brokers

By Michael W. Davis, DDS, DrBicuspid.com contributing writer

August 6, 2014 -- In the second of a three-part series, Michael W. Davis, DDS, details some of the ways dentists and dental offices are vulnerable to scams. This part discusses unethical practice management consultants and practice brokers.

Who doesn't receive via email, fax, telephone, or mail a solicitation from a dental practice consultant on a weekly basis? As a young doctor, I saw many that would promise the "Million Dollar Practice." Today, those figures have grown to the $8 million, $10 million, or $12 million practice. The promises are ridiculously laughable. As the man once said, "If it seems too good to be true, it is."

A number of big-name consultants spend a great deal of time with legal actions brought forth from dissatisfied doctor clients. Using a boilerplate formula from a household name consultant has brought many a dental practice to bankruptcy or near bankruptcy. They may also have multiple endorsements from organized dentistry, which today is little more than paid advertising.

Simply because a consultant has exposure, with prolific publication of consulting articles, does not ensure his or her competency to manage the unique specifics of your dental office.

Here are some suggestions.

  1. Do a background check on former doctor clients who the consultant has served. Do they have philosophies and goals similar to yours? What were the specific objectives? Were goals met?

Read the Rest of Part II on Dr. Bicuspid

Sunday, August 03, 2014

Another Squabble with CSHM, Small Smiles Dental Centers and Owner Dentists—Small Smiles Reno—Who is extorting who?

I seldom tire of the spin found in legal pleading between owner dentists the illegal dental management companies such as CSHM but honestly it’s getting old.

Now that Dr. Jodi Kuhn purchased her clinics again and seems to have continued with business as usual in Colorado. Another turd has been thrown in the CSHM punchbowl by “owner dentist” Dr. James Mann in Reno, Nevada.  Dr. Mann was hired in October 2, 2006 and I’m positive he can be located as an employee of one of CSHM entities if someone looked.

 Dr. Mann filed suit against CSHM in May 2014.  The case was filed in Second Judicial District Court of the State of Nevada-Washoe County.  In like fashion, CSHM has filed a Complaint against Dr. Mann and Small Smiles Reno and asked for a Temporary Restraining Order. This was filed filed in Davidson County Tennessee Court on July 22, 2014.

In Dr. Mann’s lawsuit he claims he owns the Small Smiles clinic and is suddenly—after just shy of 8 years of employment—”concerned that CSHM’s heavy-handed control of Small Smiles is violating Nevada’s laws and regulations.”

I find It laughable that Dr. Mann is just now  “concerned”.  The public and government agencies have been concerned since 2004! How does Dr. Mann explain this?image

Mann claims despite all the name changes—FORBA, Church Street Health Management, CSHM, etc.— many of the same key employees have remained as has their illegal business practices.  (Well, of course, thorn is a thorn by any other name.)

Mann says, “CHSM has continued Church Street’s practices” and “Indeed, many of the personnel associated with Church Street continued to work for CSHM

He claims:

  • Dictated the hours that Dr. Mann and Small Smiles should be open for business.
  • Imposed pressure on Dr. Mann and Small Smiles to schedule more patients.
  • Decided which equipment Dr. Mann could purchase for Small Smiles
  • Insisted on certain dental procedures over others
  • Set. Dr. Mann’s compensation.

Here is a statement that raises HUGE red flags and give me great concern:

Monday, July 14, 2014

No Action taken against “Creepy” jury stalker, Attorney Scott Greenspan.

Somehow Greenspan thinks “no action” being taken translates to “complete exoneration”. Stop laughing!

Syracuse, NY -- A Manhattan lawyer accused of stalking an Onondaga County jury on behalf of insurance giant AIG won't face discipline by a court system panel, according to the New York Law Journal.

State Supreme Court Justice Deborah Karalunas threw out the verdict in a lawsuit against Small Smiles in November 2013 after ruling that lawyer Scott Greenspan had prejudiced the jury. The jury found no wrongdoing against the now-defunct dentistry accused of malpractice it its office on South Geddes Street.

Karalunas had described Greenspan's actions as 'creepy' and 'seedy' in her Nov. 18 decision.

But Greenspan called the decision by the court's disciplinary committee a "complete exoneration," the law journal reported. Greenspan said the accusations turned his professional career upside down. He's now looking for a new job.

Read entire article here

 

Related:

'Creepy' jury stalker hired by insurance giant AIG forces retrial in Syracuse dentistry malpractice case

Friday, July 04, 2014

Small Smiles guilty of abusing children, but jury awards nothing to injured children. WHAT!

By Douglass Dowty | ddowty@syracuse.com
on July 03, 2014 at 3:35 PM, updated July 03, 2014 at 3:44 PM
Syracuse, NY -- A Syracuse dentistry is guilty of malpractice and negligence in the care of four young patients, but will not have to pay the families for injuries, a state Supreme Court jury ruled.
That means that while Small Smiles mistreated patients at its South Geddes Street clinic, the injuries did not reach the threshold for compensation, said Richard Frankel, a Texas attorney who represented the patients' families.

The split verdict sets the tone for a huge backlog of lawsuits against Small Smiles. There are 30 other children statewide -- five more in Syracuse.

Complaints against Small Smiles date from 2005 to 2009. The Syracuse office closed in 2012 after the owner filed for bankruptcy.

Before the jury verdict, state Supreme Court Justice Deborah Karalunas ruled that Small Smiles violated state law as a dentistry by being owned by a corporation and not a dentist, Frankel said. …
Read Article Here





Monday, June 09, 2014

Settlement reached between “owner dentist” Jodi Kuhn and CSHM/Small Smiles Dental Centers

What that settlement is remains unknown. Here is the latest entry on the court docket, dated June 3, 2014.

ORDER: The court has been notified that this case has settled. It is hereby ORDERED that a stipulation of dismissal or other settlement document shall be filed within thirty (30) days of the entry of this Order.

The preliminary injunction hearing set for June 5, 2014, and the initial case management conference set for June 6, 2011, are CANCELLED.

Sunday, June 08, 2014

Revisiting 2009 MassHealth Independent Audit Report

Revisiting 2009 MassHealth Independent Audit Report; not much has changed.

  • Audit report for period July 2005 – May 2009
  • Dental Program claims processing system has resulted in millions of dollars in ineligible claims and potential fraudulent claims being paid.
  • Only 15.7% of radiograph claims met requirements.
  • 84.3% of radiographs (x-rays) by 10 providers (3 Small Smiles and 3 Kool Smiles) failed to meet requirements
  • Radiographs (X-rays) claims paid to 3 Small Smiles clinics and 3 Kool Smiles clinics totaling $3,09,172 were unallowable.
  • DentaQuest (f/k/a Doral Dental) Senior Dental Director stated providers “treat to the benefits allowed and not member’s need)
  • 3 Kool Smiles and 3 Small Smiles clinics routinely gave members bitewing radiographs contrary to FDA recommendations.
  • Small Smiles said in 2009 they implemented a new dental protocol that included the 2004 FDA recommendations.
  • DentaQuest contract required them to identify standards of care based on published recommendation of nationally recognized authorities such as the AAPD.
  • DentaQuest contract required it to monitor providers’ compliance with the AAPD guidelines.
  • MassHealth failure to adequately control orthodontic services resulting in $321,553 overpayment to just one provider.
  • DentaQuest failure to adequately monitor claims was widespread.
  • Many cases of double billing and double payments

MassHealth Dental Audit 2006-2009 by Dentist The Menace

Saturday, June 07, 2014

Remember Allcare Dental?

With corporate dentistry taking over the world, it’s good to remember Allcare who closed it’s doors overnight in January 2011 leaving patients without care or recourse, and dental boards scratching their..uh.…heads.

A class action lawsuit was filed and just like the Allcare’s doors, patients were left lock-jawed.

Allcare Dental Class Action Lawsuit

imageThe Allcare companies filed for bankruptcy in the Western District of New York (Buffalo), Bankruptcy Petition #: 1-11-13848-CLB.  Those proceedings terminated in 2013 with a report of no distribution.  As such, there are no available assets from these entities for unsecured creditors.

You may have individual claims.  Once the class action claims are dismissed, the statute of limitations for your claims will continue to run.  You should contact an individual attorney in your state if you desire individual representation.  Failure to file within the applicable statute of limitations will forever bar your claims.  We are not handling these claims given the no-distribution report.

http://www.allcaredentalclassaction.com/uploads/Allcare-Dental-Class-Action-Complaint-filed-2-7-2011.PDF

Allcare patient speaks about ordeal in 2012.

http://www.abc57.com/home/top-stories/ALLCARE-DENTAL--162156285.html

Saturday, May 31, 2014

Franchise or Ponzi Dental Scheme? — Comfort Dental

In an Affidavit filed this week in the Bahr brothers (CDMO & CDET) v. Rick Kushner and Comfort Dental lawsuit reveals the abuse and threats that reign down from Kushner and other Comfort Dental executives.

Louisville, Colorado Comfort Dental subfranchisees were berated, threatened and assessed $50,000 penalty for failing to use Budget Dental Lab dba Premier Dental Lab owned by Rick Kushner—owner of Comfort Dental, Inc.—and his brother, Barry Kushner, along with Roy Martin, C. Michael Bloss, Bruce Irick and Neil Norton.

“We would order an appliance from the non-Comfort Dental lab because quality was much higher and much more reliable.”

“In some cases costs were higher when using a non-Comfort Dental lab, but we felt it necessary to serve our patients’ best interest.”

“Comfort Dental assessed a $50,000b out-o-system lab referral penalty on us.”

“…after having been summoned by Rick Kushner, at a meeting at the Comfort Dental headquarters in Lakewood, CO… we (the partners of Louisville (CO) office were admonished by Rick Kushner and about the franchise violation, use of an outside lab. Immediately thereafter, Rick Kushner announced that a $50,000 fine was being imposed on our office/partnership. The entire sum due and payable in 2 weeks.”

Saturday, May 24, 2014

Florida Dentists, Dr. Miranda W. Smith-Smiles and Giggles Dentistry-Arrested Medicaid Fraud

One of Dr. Miranda Smith’s patient had perfect teeth, yet in Smith’s treatment plan she pulled every tooth and fit the patient with ill-fitting 140523 miranda smith-florida-medicaid frauddentures; a pattern said investigators.

Other’s were children, sedated, for dental treatment they didn’t need.

Her husband blames the whole mess on “two disgruntled and racist employees”. And says, “She’s been fighting this for three years, nine employees and their families are out of work because of this”.

 

Christopher Torres, her attorney, says many of the charges have been disproved on an “administrative level” and believes the criminal charges won’t hold up.

Apparently the Feds think otherwise and have a 21-page affidavit to back it up with $140,000 in Medicaid fraud charges.

It’s not the disgruntled employees that concern me, it’s the ones who are happy at their job working for dentists like these.

Smiles and Giggles Dentistry for Children and Adults is located in Spring Hill, Florida.

 

Florida AG Press Release:

imageAttorney General Pam Bondi News Release

May 23, 2014
Media Contact: Jenn Meale
Phone: (850) 245-0150

Attorney General Pam Bondi’s Medicaid Fraud Control Unit and the Pasco County Sheriff’s Office Arrest a Tampa Bay Dentist

TALLAHASSEE, Fla. –Attorney General Pam Bondi’s Medicaid Fraud Control Unit, with the assistance of the Pasco County Sheriff’s Office, arrested Pasco County Dentist Dr. Miranda Smith on charges of Medicaid Provider fraud.

Dr. Smith, owner of Smiles and Giggles Dentistry for Children and Adults in Pasco County, allegedly billed Florida’s Medicaid program more than $140,000 in dental services which were either unauthorized or not provided.

The Attorney General’s Medicaid Fraud Control Unit initiated its investigation of Smith and her dental practice after receiving complaints about suspicious billing from parents and patients. According to the investigation, Smith billed Medicaid for x-rays, anesthesia, and other dental procedures that were not performed. Additionally, former patients alleged that Smith’s employees provided dental care, even though these employees were not licensed dentists.

According to the investigation, at least one minor patient's parent was told her child had eight cavities and would need to be sedated to perform urgent dental work. The parent received a second opinion from a dentist with more than two decades of experience. The dentist performed her own examination and found that the child had no cavities.

Investigators also found that Dr. Smith and staff exhibited a pattern of pulling healthy teeth in an effort to sell patients dentures and make larger Medicaid claims.

Smith is being charged with two counts of Medicaid Fraud. If convicted, she could face up to 10 years in prison and up to $10,000 in fines. The Attorney General’s Office of Statewide Prosecution will prosecute this case.

The Florida Department of Health’s Board of Dentistry voted on May 16, 2014, to suspend the license of Miranda W. Smith, D.D.S., in case number 2011-12390. This suspension will become a Final Order of the board within the next few business days.

I couldn’t help but compare the two pictures above! LOL

Never mind…