New Mexico Watchdogs Looking Into Taxpayer Money Given To FORBA/Small Smiles

Looks like a 'can of worms' has been opened in New Mexico in regards to FORBA/Small Smiles. It appears more 'watchdogs' are jumping on the bandwagon questioning FORBA and it's Small Smiles Clinics, especially in New Mexico.

New Mexico is where government decided to give FORBA/Small Smiles New Mexico taxpayer dollars as a gift to help FOBA open a couple of clinics. Serious questions are being raised as to why and how FORBA/Small Smiles ending up getting that money.

1. Rio Grand Foundation Story

2. Paul Gessing Article

3. Jim Scarantino Report

4. Mario Burgos Blog

Below is Jim Scarantino's Report:

Nothing to Smile About: New Mexico’s Curious Investment in Small Smiles Dental Clinics

Does New Mexico’s State Investment Council know what is being done with the tens of millions of dollars it has invested in New Mexico venture capital? That doesn’t seem to be the case, at least in the instance of one curious investment.

In its 2007 annual report the State Investment Council (SIC) reported it had acquired ownership positions in 45 New Mexico companies. These investments amounted to $141.4 million. That sum includes the $19 million invested in Eclipse Aviation, which is now in bankruptcy. The report does not disclose how much New Mexico has invested in these companies or what percentage of their stock is owned by New Mexico state government as the result of these equity acquisitions.

The Rio Grande Foundation has been asking the SIC for that information for two months So far, the SIC has not been able to provide an answer. It does not seem to be any more readily available to the SIC than to taxpayers who want to know what is being done with their money.

Except for the Eclipse Aviation investment and the millions invested directly in Earthstone, a Santa Fe cleaning products company, the rest of the SIC’s current investments in New Mexico companies have been made in partnership with a venture capital funds that are based in New Mexico or have an office here, though their principal office may be in another state.

As Charles Wollmann, the SIC’s Public Information Officer explains it, the SIC relies on these investment firms to determine how much is invested in each company. Accordingly, that information is not readily available to the SIC…or New Mexico taxpayers. Indeed, Wollmann has cautioned that some of this information may be proprietary and not for public disclosure.

The Rio Grande Foundation has taken a closer look at Small Smiles, one of the 45 New Mexico companies identified in the SIC’s 2007 report. We have learned that Small Smiles is not truly a “New Mexico company” but is a multi-state chain of Medicaid dental clinics owned by out of state interests and managed by a company whose ownership can be traced back to the small Arabian nation of Bahrain. Our investigation also reveals that by investing in Small Smiles the SIC has bought into a company with a record of abusing child patients and engaging in unethical billing that has put it under government investigation. And, as we have learned, there are more public relations troubles brewing for Small Smiles.

Small Smiles, a New Mexico Company? Try Colorado, Tennessee or even the Middle East.

Small Smiles operates Medicaid dental clinics for low income children and infants in nineteen states and the District of Columbia. It began operations in New Mexico in 2007, opening one clinic in Santa Fe, one on Albuquerque’s west side and one in southeast Albuquerque.

Through its partnership with Red River Ventures of Plano, Texas, the SIC acquired equity in Small Smiles in 2007. Bruce Duty, a director of Red River Ventures, told the Rio Grande Foundation that his company invested a total of about $5.5 million in “Smile Smiles, LLC.” About 10%, or $550,000 of that investment came from New Mexico’s SIC. The rest came from other investors, including the United States Small Business Administration.

There is no New Mexico corporation identified in the records of the New Mexico Public Regulatory Commission as “Small Smiles, LLC.” Instead, the Public Regulatory Commission corporations archive reveals three Small Smiles professional corporations corresponding to each of the three clinics. Each of the Small Smiles dental clinics was incorporated as a separate professional corporation.

None of the directors of the New Mexico Small Smile clinics are New Mexicans.
The director of the Santa Fe clinic and the clinic on Albuquerque’s west side is Kenneth E. Knott. He is a Senior Vice President of FORBA of Nashville, Tennessee. FORBA is one of the nation’s largest dental clinic chains. (More on FORBA below). Knott is a busy man. He is also a dentist, and is licensed in Ohio, the District of Columbia, Connecticut, New Hampshire, South Carolina, Kentucky, Oklahoma, and Virginia. He also is the director of Small Smiles Clinics in Akron and Youngstown, Ohio, Ft. Wayne, Indiana, the District of Columbia, and Reno, Nevada.

The director of the Small Smiles clinic in southeast Albuquerque is Adolph R. Padula. He is a retired dentist from Pueblo, Colorado. He is related by marriage to the DeRose family of Pueblo, Colorado, the founders of the Small Smiles chain of Medicaid dental clinics.

The corporate records of all three New Mexico clinics give either mailing addresses or identify a principal out of state address in Pueblo, Colorado.

So how does this tie Small Smiles to the Middle East? Follow the thread a little bit further.

First, we have to go through Pueblo. That’s where Small Smiles began, growing out of the DeRose dental clinic. The DeRoses once owned a string of dental clinics across the country catering to Medicaid patients. They sold their interest in Small Smiles to FORBA. Dr. Michael DeRose, one of the founders of the Small Smiles chain, in 2007 agreed to pay the federal government $10 million to settle charges his clinics had charged Medicaid for unnecessary procedures, such as capping children’s teeth. As reported below, this is an allegation that continues to arise against Smile Smiles clinics even after the DeRoses sold their interest to FORBA.
All Small Smile clinics are now managed by FORBA, which also began in Pueblo. FORBA owns the trademark on “Small Smiles.” FORBA stands for “For Better Access.” It has grown into one of the nation’s largest dental care management companies. It reported revenue of $142.2 million in 2006. That year it was acquired by a Sanus, a Nashville-based holding company, and then moved its main corporate offices to Tennessee. It continues to maintain some operations in Pueblo.

Sanus, in turn, was acquired by Small Smiles Holding, LLC, a company formed for the express purpose of acquiring Sanus.

But Nashville isn’t the end of the line. The terminus is Bahrain. In January 2007, just before SIC’s investment in Small Smiles, Sanus sold FORBA for $435 million to Arcapita Bank of Bahrain.

In sum, instead of investing in a New Mexico company, the SIC’s partner has invested in a company owned by a bank on the Arabian Peninsula. The SIC’s 2007 report, claiming an investment in a New Mexico company called Small Smiles, is incorrect.

Grim Smiles
At the time that the SIC’s money was being invested, Small Smiles was the subject of a damning Emmy Award winning expose’ of its medical and business practices in Washington, D.C. area clinics. WJLA-TV of Washington, D.C. launched its investigative report with film footage of a screaming child being restrained on a “papoose board” while his mother was excluded from the room. The series of investigative reports also discovered that Small Smiles was using unlicensed x-ray technicians and billing Medicaid for hundreds of thousands of dollars in unnecessary dental work, including pulling children’s teeth without a valid medical reason.
“Drilling for Dollars,” triggered a criminal investigation by the Maryland Attorney General. Several insurance companies suspended Small Smiles and directed patients to seek dental work elsewhere. The report elicited complaints from patients and employees around the country that were collected at the television’s website.
In May 2008, New York terminated Small Smiles’ participation in its Medicaid program in response to reports by CBS-6 news of Albany that its Colonie clinic was performing unnecessary procedures such as needlessly crowning teeth. When Small Smiles challenged these claims, more than one hundred parents came forward with complaints of mistreatment backed by photographs. As in Maryland, parents were not permitted to be present with their children during examinations and dental procedures. A dozen parents also reported that their children were restrained on a “papoose board.” Some parents reported their children screaming in pain because the dentist operated before anesthesia took effect or operated without any anesthesia at all. Parents also reported the use of dirty dental instruments. Lawsuits have been filed by several parents against Small Smiles based on these allegations.
Small Smiles has drawn the ire of New York’s United States Senator Charles Schumer. After the New York Office of the Medicaid Inspector General revoked their Medicaid authorization, he issued a statement saying, “"I'm glad they're terminating Small Smiles," said U.S. Sen. Chuck Schumer (D-NY), a staunch critic of the company. "They don't deserve to be in business and certainly not get any federal money." Sen. Schumer says he has seen news reports documenting similar allegations against Small Smiles clinics in Denver, Rochester, and Washington D.C. "They ought to prosecute some of the people who did this," he told CBS-6 via satellite from Capitol Hill. "This goes beyond a mistake. This is hurting our children and ripping off the federal government...and I think there ought to be a criminal investigation of this."

Similar allegations against Small Smiles clinics in Kansas have been reported by The Wichita Eagle and in Colorado by KUSA-TV of Denver.
Debbie Hagan of Owensboro, Kentucky collects complaints from Small Smiles patients and parents at her blog, “Dentist the Menace.” (www.debbiehagan.blogspot.com). She also receives reports from dentists who have worked in Small Smiles clinics. One person identifying himself as a dentist who worked at a Small Smiles clinic wrote, “I was disgusted with the way children were treated. I wouldn’t take a dead snake to that place.” FORBA has sued Hagan for defamation and posting what it claims are copyrighted internal company documents. That has not stopped Hagan from continuing to run her blog.

The bad publicity for Small Smiles and FORBA may be getting worse. Good Morning America recently aired parents’ complaints against Small Smiles. Additionally, ABC’s nationally televised investigative news program “20/20” has completed a critical report on Small Smiles. According to its producer, Glenn Ruppel that report will air very soon.

What Did the SIC Know and When Did It Know It?
The SIC does not seem to have been aware of any problems with Small Smiles while its partner Red River Ventures was investing taxpayer dollars in that troubled company. A review of all the minutes of meetings from 2007 and 2008 of the State Investment Council and the New Mexico Private Equity Investment Advisers Council, which advises the SIC on private equity investments, did not reveal any discussion of nor any report on Small Smiles.
The SIC had no response when asked if it was aware of the history of problems of Small Smiles’ clinics. The SIC does say it is no longer categorizing Small Smiles as a New Mexico company.

Below is a Snippet from Mario Burgos Blog Entry:

How is it that the SIC has had so many questionable (I'm being kind here) and ill-fated investments? Well, you might remember that it has been standard policy under the Richardson administration to fire those advisors who did not want to issue rubber stamp endorsements of shady (okay, sugar-coating is not really my style) deals that Governor Richardson wanted to see approved.

That's right, I said, "Deals that Governor Richardson wanted approved." After all, the Governor is the chairman of the SIC. Now, in light of all of the recent scandals, you may be wondering if the Governor has ever received any campaign contributions from anyone connected to Small Smiles.

Well, I'm glad you asked. As it turns out, the Chairman and CEO of the holding company for Small Smiles is Michael Lindley of Nashville, Tennessee. Mr. Lindley did indeed donate a $1,000 to our Governor's presidential campaign. He also gave a $1,000 to Congressman Ben Ray Lujan's campaign.

Of course, my guess is that our Speaker of the House Ben Lujan solicited the funds on his son's behalf. After all, other than the imprisoned former State Senator Manny Aragon, the only other elected official to recieve funds cycle after cycle from Small Smiles in New Mexico is Speaker of the House Lujan.

New Mexico Investment Council Blasted For Small Smiles Investment

Remember a week or so ago I reported on Small Smiles in New Mexico. Plus I had reported last year that I thought it was odd the two top dogs at FORBA had made political contributions to a New Mexico lawmaker. Well, it appears others in New Mexico have taken notice to Small Smiles as well.

Click Here for the Story

State Investment Council needs a closer look

By Paul Gessing/For the Sun-News

Posted: 01/08/2009 12:00:00 AM MST

The pending loss of New Mexico's $19 million investment in Eclipse Aviation raises important questions about how wisely the State Investment Council (SIC) is handling our money. This is not the first private equity investment by the SIC to go sour. New Mexico lost a $7 million investment in TCI Medical, a start-up nuclear medicine company that was supposed to create 100 jobs in Carlsbad but employed just seven people. The SIC also lent about $2 million to Millenium Transit, a bus manufacturing company in Roswell. That company is now in bankruptcy.

The SIC does not seem to know exactly what is being done with New Mexico's money. It claims to have bought equity positions in 52 New Mexico companies, but it cannot say, despite repeated requests by the Rio Grande Foundation, how much money it has in each of these companies or what percentage of each company's stock is owned by New Mexico taxpayers.

The Legislature, at Governor Richardson's urging, has authorized the SIC to invest up to 9 percent of the Severance Tax Permanent Fund in acquiring stock in private New Mexico companies. This is a substantial amount of money. At the end of 2007, the SIC had over $141 million invested in private New Mexico companies.

So far, the SIC's New Mexico private equity program hasn't produced hard returns for New Mexico taxpayers. For years, the SIC claimed its New Mexico private equity program was in the black. But favorable (and inflated) valuations for Eclipse, the largest holding in the portfolio, accounted for those paper gains. With Eclipse in the tank, the false bloom is off the rose.

Even some of the SIC's smallest acquisitions look questionable. Take for instance, its investment in Small Smiles. The SIC's 2007 annual report showed an investment of an unstated sum in this New Mexico company. By directly contacting the venture capital firm that handled this investment, the Rio Grande Foundation learned that about $500,000 New Mexico taxpayer dollars have been invested in Small Smiles. The SIC itself had not been able to answer this question.

Contrary to the SIC's annual report, Small Smiles, is not a New Mexico company. It is a national chain of low-income dental clinics owned by a bank in Bahrain. Furthermore, at the time half a million taxpayers dollars were going to help Arab investors, Small Smiles was being blasted in an Emmy Award winning investigative television series called "Drilling for Dollars." Small Smiles clinics in the Washington, D.C. area were exposed for abusing children by strapping them to "papoose boards." Small Smiles had engaged in unethical billing practices. Parents came forward with complaints of unnecessary dental work being performed on their children without their consent.

The same complaints about Small Smiles arose in New York, Colorado and Kansas. New York Senator Charles Schumer has called for criminal prosecution and disqualification of Small Smiles from the Medicaid program. New York, in fact, did revoke Small Smiles' Medicaid credentials.

A review of SIC meeting minutes shows not one mention of Small Smiles' difficulties. In fact, Small Smiles wasn't discussed once though a half million dollars were invested in this troubled company.

The Eclipse bankruptcy proves that politicians and their appointees make very poor judges of the next big breakthrough in aviation or other technologies. The fact that even in its smallest investment the SIC seems less than completely informed should make taxpayers concerned about whether their money is being prudently managed.

There is scant oversight of the SIC's investment practices and decisions. Only when a big investment like Eclipse craters does the public learn of losses. It's time the Legislature revisit the discretion it has given the SIC, and provide for greater transparency and more informed decision making. It should also ensure inescapable accountability for those who make the wrong calls in handling the public's money.

Paul Gessing is the President of New Mexico's Rio Grande Foundation, an independent research and educational organization dedicated to principles of limited government, economic freedom and individual responsibility.

Small Smiles Investor Receives Bail Out Money

Cit Group received 2.33 Billion in Bail Out (TARP) money according to the website.

Since I have never professed to understand the complicated maneuvers FORBA/Small Smiles made in late 2006 I'm not going to even try to explain the relationship between Cit Group and FORBA/Small Smiles other than to quote an article from streetinsider.com.

November 20, 2006 3:37 PM EST

American Capital Strategies Ltd. (Nasdaq: ACAS) has invested in Small Smiles Holding Company LLC, a holding company formed to acquire Sanus Holdings Inc., a leading dental practice management company. American Capital's investment takes the form of senior subordinated debt, holding company PIK notes and common equity and supports the acquisition of Sanus by affiliates of Arcapita Inc. and the Company's senior management.
A syndicate led by CIT Group Inc. (NYSE: CIT) has arranged a revolving credit facility and a senior term loan. The Company's management team and private investors are investing in the equity of Small Smiles.

Is Kool Smiles Coming To a Place Near You?

Here is an anonymous email that stated:

I am a dentist that currently works at Kool Smiles. There are many corporate habits that just turn my stomach but I go along because they keep paying me. One thing is that we do not do is change rubber gloves between patients. Can you imagine the health risks that we are taking doing this?

It makes me sick.

Something must be done.

FFl have given Kool Smiles in Atlanta 48 million dollars to expand and DPMS (in San Ramon, CA) another 48 million to expand so they can sell the company off in 2010.

If people are visiting your site, they must be concerned about the impact that you are having with everyone reading your blog. They want to sell the whole thing to someone for hundreds of millions of dollars.

FFL (Friedman, Fleischer and Lowe) has two companies to keep an eye on in their portfolio.

DPMA

From FFL's, Website:

DPMS, Inc. provides various non-clinical services to dental group practices, including providing dental facilities, support staff, and other business services. DPMS's principal client is Kool Smiles, a nationally-branded provider of dental care focused primarily on children enrolled in Medicaid and State Children's Health Insurance Programs. The limited access to care for children on Medicaid/SCHIP plans provides an attractive growth opportunity for Kool Smiles as it continues to expand offices with a mission to provide quality care to this underserved population.

The company was founded in 2006, and is headquartered in San Ramon, CA.

and

NCDR, LLC (Kool Smiles)

From FFL website:

NCDR, LLC provides various non-clinical services to dental group practices, including providing dental facilities, support staff, and other business services. NCDR's principal client is Kool Smiles, a nationally-branded provider of dental care focused primarily on children enrolled in Medicaid and State Children's Health Insurance Programs. The limited access to care for children on Medicaid/SCHIP plans provides an attractive growth opportunity for Kool Smiles as it continues to expand offices with a mission to provide quality care to this underserved population.

The company is headquartered in Atlanta, GA. FFL invested in NCDR in 2004 to provide growth capital and liquidity to founders.

Small Smiles Seeking Dentists In Several Clinics

If you are interested in a job with Small Smiles in any of the following cities:

Aurora, Colorado

Colorado Springs, Colorado

Pueblo, Colorado

Reno, Nevada

Wichita, Kansas

Oklahoma City, Oklahoma

Tulsa, Oklahoma

Montgomery, Alabama

Dothan, Alabama

Roanoke, Virginia

Albany, New York

or

Boston, Massachusetts

and are interested in treating young underserved children they offer excellent base salary, promotion opportunities and benefits (including monthly bonus potential, then click here to apply.

Aggressive or Overtreatment

In an interview a Small Smiles lead dentist, Aldred Williams said:

"We aggressively treat these children to eliminate disease in their mouth. Small Smiles makes no apologies for that. I'm not going apologize for being aggressive," Williams said.

The word 'aggressive' really bothers me. What's worse is to think thats the 'training' the dentists get (could call in brainwashing I suppose).

I guess a person could insert "overtreat" in place of "aggressive" couldn't they an it still have the exact same meaning.

Of course I don't think Dr. Williams is there any longer after saying that publicly to the mainstream media.

I got this particular quote from the Good Morning America story on Small Smiles, but it was said in the interview with Roberta Baskin at WJLA aas well, I believe.

Here are other quotes from the Good Morning America and WJLA TV story:

1. Former Small Smiles dental assistant, Deborah McDaniel, said she was fired for objecting to the way children were being handled.

2."They wanted us to tell parents that they needed services on teeth that were healthy," McDaniel said. "They were healthy and they didn't need it."

3. "It's a competition throughout the country to see who can convert the most patients, not give the patients the most care," said Trina Crosby, another former Small Smiles employee.

4. The pressure to convert patients may come from FORBA. In fact, every morning Dr. Williams and his staff review the production goals set by the managers in Colorado.

7."They're sweating. Sometimes they urinate on themselves. They'll throw up," Crosby said.

5."It does no good for anybody but the dentist, I guess, who's looking for a bonus," said Robert Camps, a nationally recognized authority on pediatric dentistry whose Maryland practice serves mostly patients on Medicaid.

6.When Camps saw video of Miguel's dental visit, he was disturbed deeply. "It's traumatic for me to watch. I can only imagine how traumatic it is for Miguel," he said.

7.FORBA, the company that owns Small Smiles, said its dentists and staff are sent to its Colorado offices for training. (but I hear only the "lead" dentists are sent for training)

There were 158 comments on this story, you can read all of them here.

Here are just three:

1. I think ABC news should do an undercover investigation on the Small Smiles chain. I mean in every clinic. In one month's time, you would uncover mistreatment of children, insurance fraud, ADA violations, etc. As someone mentioned before - when a new doc joins a clinic and are yet to be accredited with an insurance company - other docs sign off on the chart and the insurance is billed under the signing dentists name. BTY - although it was never publicized, the chain is now within the 'portfolio' of a middle eastern bank. In other words, FORBA and Small Smiles is actually owned by a Bahrainian business group. There is so much more I could say - I can only pray that this story does not wither away. I would love to see the Federal Government step in and conduct an indepth chart by chart audit at every Small Smiles site.

2. I will join the ranks of the 'former employees'. I my year and a half at Small Smiles, I saw and heard so much abuse to children, that I actually developed an ulcer. I fought on a daily basis about the manner in which the docs, assistants, and hygienists were allowed to speak to the children. I witnessed the lead doc getting about 6 inches from the face of a crying, terrified, restrained child and yell at the top of his lungs, "That's enough. Stop being a punk." We were often directed to separate siblings. Especially older siblings that would overhear any yelling at their younger sibs. Competitions on converting....any employees remember "The Road to the Superbowl"? We were also trained to forbid parents in the back clinical area. If the parent balked (especially when there was a several thousand dollar treatment plan), the lead doc, in all his arrogance, would have me escort the parent to a consultation room, and proceed to tell the parent that dental work is just as serious and important as heart surgery and that they wouldn't be allowed in the operating room. WTF ever! The insurance fraud is OUT OF THIS WORLD!!! I was instructed to bill for prophys (cleanings) when all that was done was about a 2 minute tooth brushing with some toothpaste. No prophy angle, no scaling, nada. But I was told to bil a full prophy. I questioned that so much, I was actually told that if I asked and further questions and/or 'stirred the pot' any further, my job would be in jeopardy. I do have to add, that the original FORBA was much more caring than the 'business men' that bought FORBA at the end of 2006. The 'new' management was PURELY about the money. The 'old' FORBA cared about its employees and patients. The new FORBA - in an email that was accidentally forwarded to me had these requirements for a dentist - 'if she isn't cross-eyed and has all 10 fingers, let's make her an offer' sadly, I regret not forwarding that email to the dentist in question.

3. I am an employee at a pediatric dental office and very, very familiar with Small Smiles and their practices. Before you judge them you have to look at all angles of the situation. I live in Colorado, and here, there are so many loop holes and in dentistry and things that are not regulated in dentistry that that in itself should be a crime and the state of Colorado should be looking at that and not just be pointing the finger at Small Smalls. Each clinic is so different that you can not judge all of them as a whole. They are a corporation but they are run individually and some by a bunch of morons who don't know dentistry from gardening. Others of the clinics are run by a fabulous staff who really know their patient care, legalities, and methods. The sad part is knowing who is who. I stand up for Small Smiles because I have so many friends in the dental community who work at great clinics and others who work at ones who honestly do not know how to treat their staff or their patients. Like I said above, you can not only point your finger at the clinics. You have to look at the laws and you have to look at the parents who bring their children in. Until I became a CDA - EFDA I did not even know that baby crowns and root canals existed for two year olds, and I did not think that a 14 year old mom with three other kids was going to be handing me this child to do the work on... so you tell me when this 2 year old is screaming and crying after riding on the bus an hour from home with his mom and other 3 brothers and sisters in the cold of you are going to have mom come back to the room with all the other kids???? or tell me that you tell me that you are going to have a meth addicted parent come back and try to calm their child when THE PARENT keeps saying shut up and sit in the chair. Please do not get me wrong either, I am not saying that anyone is a bad person if they are on Medicaid at all, never would i say that.

Virginia Releases December 2008 Smiles For Children Report

Virginia's Smiles For Children December report is out. It appears the enrollment of dentists is up 80%.

In the report it talks about the use or over use of papoose boards;

"The practice of behavior management techniques during necessary dental treatment of children has also been a continual focus of the Smiles For Children program. Inquiries have been received by the media and parents of dental patients regarding behavior management techniques, specifically, protective stabilization through the use of papoose boards. Papoose boards are devices commonly used to immobilize children for dental work. If performed improperly, trauma to a child may result.

According to the American Academy of Pediatric Dentistry, protective stabilization is an approved method of behavior management, and pediatric dentists receive behavior management training during post graduate education. These techniques are allowed under the scope of practice,
as defined by the Virginia Board of Dentistry, for licensed dentists in Virginia."

Here is the sticky part of this, hardly any dentist who work in these dental mills like Kool Smiles, Small Smiles and others are NOT pediatric dentists most are general dentists. I notice Dr. David M. Strange, DDS MS is still listed as one of the Advisory Committee, you may remember him from Kool Smiles.

Kool Smiles Pays U.S. Over $1Million

Dental Clinic Business Settles $1 Million Claim

December 19. 2008

NBC WYFF TV, Channel 4

GREENVILLE, S.C. -- An Atlanta-based dental healthcare provider with clinics in Sumter, Anderson, and Greenville has agreed to pay the United States more than $1 million to settle a claim.

Kool Smiles PC, Inc. was accused of billing Medicaid for the work of an unauthorized dentist in the Sumter area.

The dental health care provider agreed to pay a total of $1,360,528 to resolve allegations that it submitted claims to Medicaid for services provided by the dentist who had previously been excluded from all federal health care benefit programs, including Medicaid.

The dentist in question was disqualified for Medicare funding because she had failed to repay more than $22,000 in federal student loans, according to U. S. Attorney Walter Wilkins.

Under the agreement, Kool Smiles will repay all the money it received from Medicaid for the services provided by the dentist after she was excluded, plus interest and investigative costs.

Under the settlement agreement, Kool Smiles will repay all the money it received from Medicaid for the services provided by the dentist, plus interest and investigative costs.

Parents Comment on WAVY TV Report

Click here to read even more of the comments from parents after WAVY TV reporter Derrick Rose reported on Kool Smiles in Virginia

Louisville Small Smiles Clinic Owner Not Mentioned in Press Release

Over at FORBA's weblog they have an entry where they had an open house for the Small Smiles Clinic in Louisville, Kentucky.

Melanie Abrams was mentioned as Co-Lead Dentist ('lead dentist': a term used a lot at Small Smiles) but through the whole article the owner of the clinic wasn't mentioned, just Forba and lead dentists.

You would think if a dentist opened a new dental clinic his name would be mentioned.

According to Kentucky Revised Statues (KRS) 313.240 states:

(1)(a)"No person shall practice or offer to practice dentistry or dental surgery under the name of any company, association or corporation except the name of a professional service corporation. Any person practicing or offering to practice dentistry or dental surgery shall practice under his or her own name; the name of the professional service corporation, professional limited liability company or partnership which includes his or her name, or the name of the deceased or incapacitated dentist for whom the person practicing dentistry has contracted to perform continuing operations."

(b) No such person shall conduct a dental office in his or her name nor advertise his or her name in connection with any dental office unless he or she personally performs services as a dentist or dental surgeon in such office or personally supervises such services as are performed in such office during a portion of the time such office is operated by him or her, and shall not use his or her name in connection with that of any other dentist, except as provided for deceased or incapacitated dentists in KRS 313.197

(c) No person shall be an incorporator, director, officer, member, manager or shareholder in more than three (3) professional service corporations, three (3) professional limited liability companies, or three (3) partnerships, or any three (3) of these business entities, rendering dental or dental surgery services. No dentist or dental surgeon or group of dentists or dental surgeons shall practice in more than three (3) locations.

So Jodi Kuhn couldn't possibly be the owner of this clinic, it's said she owns 4 or so in Ohio. Who could be the owner of this Louisville clinic?

Fighting For The Children Gets Blogger Sued by FORBA-Small Smiles

Well it's finally happened, to some I'm sure they are so enjoying it but to others not so much.

FORBA is suing this blogger for defamation among other things like posting that very revealing list of all their clinics and the numerous name they go under.

I'm not sure exactly what they want. I signed a Consent Injunction agreeing to remove the documents they let get put out on the world wide web. I guess they really weren't realizing what the www stood for when posting stuff on the Internet for all to see. They are claiming the documents were trade secrets or copyrighted.

However I don't understand how they can claim something is a 'Trade Secret' when it appears they released them to the Internet to be indexed and cached by Google.

I have until December 4, 2008 to file my ''Answer" to their Complaint. However I guess they are wanting to bombard me with legal papers since today I received a package, well actually 2, they sent one certified and the other just regular mail, seems like a waste to me, but whatever.

In this packet were their first set of Interrogatories. Questions they want me to answer under oath, it's part of the 'Discovery' stage in a lawsuit. I wish they would at least let me file my answer for heavens sake.

They've not cared what has been said or posted on this blog since it's beginning in January 2008, but the moment I posted a spreadsheet that could be incriminating depending on how you see it, I was slapped with a lawsuit. Guess I really hit a nerve and there were things on the document they sure didn't want anyone to see. They could have easily sent a Cease and Desist letter or request a retraction at any time but they never bothered.

Honestly I'm not sure why they worry about my little ole blog anyway. They are my biggest visitors. In fact if they didn't visit so often my blog probably would rate as high as it does in the search engines.

This is all been filed in Federal Court since it involves 'trade secrets' and we are in two different states.

Funny thing is, I think FORBA is involved in a lawsuit in Texas over copyright infringement themselves between a dental clinic called Texas Smiles Dental and them setting up shop down there under the name Texas Smiles. Kettle-Black, right.

I now clearly understand what employees mean when they post that they are bullies and you better shape up or ship out or they will come down hard on you. (paraphrasing here) They certainly play hardball.

I'm wondering why they decided it was me they went after. After all they have been on news stations and had several thorough investigations done on them by the main stream media, heck they were even on Good Morning America. My guess is that I'm the easiest target and they are mad and need to take it out on somebody.

But as bad a reputation as they have, being in the news numerous times, have horrific reviews on hundreds of message boards all over the Internet, seem to me they are kind of libel proof. If a person is bad and has been bad for a long time, and it's been common knowledge kind of hard to get upset and cry foul just because someone else joined in on that opinion for example.

I also understand how the parents of the patients who have suffered at the hands of FORBA's Small Smiles dentists and not having the funds or resources to bring suit and fight for your rights in court.

Anyway like I was saying, today I got my Interrogatories and boy some of the questions on there are ambiguous and down right silly to say the least.

I'll give you some examples:

1. Name internet domain names (by URL) and email address that you have created controlled, owned, used, and or operated in the past or present.

2. Identify (by make and model) all computers from which you have updated the website and all computers you have sent or received email over the past 5 years!

3. State all facts, and identify all documents and 'things' evidencing such facts, of which you are aware that support your representation that:

a. FORBA practices abusive dental care

b. dental clinics managed by FORBA have quotas to meet with respect to the number of patients served per day.

c. FORBA does unnecessary dental work, abuses children for profit and fraudulently bills medicaid.

4. Produce all records (whether in digital, paper or any other form) of all entries posted to the website, whether or not those entries still appear as of today's date.

(I guess they want me to pull stuff out of thin air, or create things that are just not there, gone and forgotten about)

5. Produce your home computer and any and all other computers you have used in the last 5 years for email correspondence for inspection and for the purposes of making a forensic image of the hard drives of such computers.

(I sure would like to have a little 'look see' in all their computers too, oh and all their correspondence and emails, and documents and files etc.)

The local Cyber Cafe is going to be a bit upset when I try to take one of their computers, telling them I had to cause FORBA wants it.

6. Produce all documents and 'things' that reference or reflect any posting by you to any Internet website other than my blog where such posting discusses or relates to FORBA.

Like I said, these are just a few of their requests. I have the right to object to each and every one of them.

I'm taking it FORBA / Small Smiles wants to stay in the news for as long as possible.

Anyway if you want to see the complaint, send me an email and I'll get you a copy.

What we have here is a very slippery slope where our First Amendment Rights are being attacked. I for one can tell you FORBA sure doesn't want to be critiqued, doesn't want you to have a negative opinion of them, or try to get laws changed so that clinics like them can't operate in states. Which is an infringement on my (our) right to petition.

They are giving me much more credit that I deserve if little ole me can do more damage to their reputation that main stream media and highly regarded investigative reporters. I should be flattered.

Anyway this has just given me something else to fight with FORBA about.

More Parents Respond To Kool Smiles Report By WAVY TV Reporter Derrick Rose

Click here to read all the stories from parents. They just go on and on, story after story and who is stopping this? Nobody so far!

WAVY TV Reports on Complaints about Kool Smiles

WAVY TV's , an NBC affiliate serving Norfolk, Portsmouth and Newport News Virginia, Derrick Rose reports on the usual complaints about the treatment of children at chain dental clinics catering to underserved children on medicaid that are operating in various states across the US.

Kool Smiles was created by Dr. Tu Tran and Dr. Thien Pham who trained with then broke from Drs. Michael DeRose and Dr. Ed DeRose who were the creators of Small Smiles/FOBRA that has hit the news in many areas including Good Morning America.

Click Here To Read Derricks Report

Forba/Small Smiles Entering Orthodontics Market

Looks like just doing unnecessary dental work. abusing children for profit and fraudulently billing medicaid isn't enough for Small Smiles. They are now looking to venture into orthodontics.

See job listing for an orthodontist in MA.

If their orthodontic work is anything like their general dentistry work the children's teeth will go from perfectly aligned to completely screwed up.

If you are an Orthodontist applying for a job at Small Smiles I suggest you do your homework before even thinking about considering a job with this horrible company.

Small Smiles New Signage For It's Albany, NY Clinic

This is the new face of Forba's (Small Smiles) Clinic in Albany, NY.

It's now called Access Dentistry Albany on the window, however when Dr. Izadi was looking for new employees online his email was albanyaccessdentistry.com.

As you can clearly see Dr. Izadi is still there just as he was when the place was called Small Smiles.

Look, it's clear that as Small Smiles hit the air waves there under a cloud of allegations of Dr. Izadi abusing children and defrauding Medicaid Forba simply changed the name of the clinic, had Dr. Izadi apply to receive Medicaid payments directly instead of through Forba and it was business as usual. They didn't skip a beat. Within 10 days of being shut out of the NY Medicaid program in May of 2008 they were back in business. I'm not sure they ever locked the door on the place during those few days.

It's reported that payments from Medicaid are deposited into a bank in Wisconsin and guess where Forba/Small Smiles banks, yep Associated Bank located in Wisconsin.

Don't be fooled folks, this is still the same Small Smiles office that was reported on by Steve Flamisch, they have just changed the signage. Be sure to see his reports on this site.

Do Not take your children there for dental care!

Dad tackles Smile Starters Dentist

It doesn't look like things have changed any under the so called new management at Smile Starters in North Carolina.  (BTW, it's still under Michael DeRose control)

Here is a comment I got just two days ago.

My friend took her son there for his first dental visit and has vowed never to return. She managed to witness the staff attempting to restrain her infant son into a straight jacket, which they said was needed to keep him from moving and potentially injuring himself. Then she checked a little later and the doctor had a fist inches away from her sons face at which point her husband tackled the doctor and she grabbed her son. They are suing.

Current Review Shows Nothing Has Changed At Small Smiles

Recent Review of Dr. Erin Haggard at Small Smiles in Oklahoma City:

This was posted 8-20-08, just a few days ago. After reading it you can see NOTHING is changing at Small Smiles.

My friend just took her 3 year old son to this place and had a nightmare experience. They tied him up and didn't notify her, she only found out because he wet his pants and when she asked him what happened he said they didn't let him go because he was tied up. When she went back in to ask them about it they said that it was something common for them. The treatment they gave him was silver caps, which she found out later were absolutely not necessary. The reason she found this out was because he had a big cut on his lip (which they claimed was from him bitting himself) and the cut got a really bad infection, which SS wouldn't treat so she had to go to another dentist and that's when she was told the caps were not even needed.
Needless to say, this place is HORRIBLE!
Just ask yourself: why won't they let you go to the back with your child?!

"Drilling For Dollars" Wins Emmy

On Monday evening, September 22, 2008, Roberta Baskin, was awarded a national Emmy for her multi-part exposé on Small Smiles, a chain of pediatric dentist centers that preyed and profitted on children and the Medicaid system. Roberta previously won the Scripps-Howard Award for National Journalism for her series.

Comment From Nancy Mastreno

Below is a comment I received the other day. I will say these kind are few and far between but they show the ignorance of some people. I wonder if Nancy ever stopped to wonder just where a dentist got the kind of money the DeRose's portray they have. Giving millions here, hundreds of thousands there, establishing million dollar endowments at Universities etc. For heavens sake Michael and Eddie were just dentists! Nancy needs to get a clue. I bet there are a few of my readers who would love to enlighten Ms. Mastreno.

Who are you and what kind of a grudge do you have. You really need to get a life. I have known the DeRose family almost my entire life and have witnessed their generosity. Yes, they and many others contributed to building this stadium and bringing football back to CSU Pueblo. It is great for the community and the school. My first dental assisting job was with Dr. Eddie when I was still in high school many many years ago. I am still in dentistry, but in another dental office with no connection to the DeRoses, and I have nothing but respect for this family. They have given back to this community many times over and most people don't even know how generous they are because they don't give with the condition of posting what they do. You must need to get a life and stop being so obsessed with this family. Nancy Mastreno

Albany Access Dentistry - Former Small Smiles Still Getting Medicaid Dollars

Dentists Getting State Money, Despite State Investigations

August 14, 2008 - 7:43PM

Steve Flamisch

They're under state investigation, but they're still collecting state money.

Small Smiles Dentistry, which removed all traces of its name in late May, is now known simply as a "dentist's office." New York terminated the Colonie children's dental clinic from its Medicaid program on May 24, but the two remaining dentists subsequently applied for and received their own Medicaid provider numbers, a source in state government said.

That means they are legally working on children and collecting state reimbursements, even as three state agencies investigate their alleged misconduct.

Those allegations, made by three ex-employees and 107 parents, mirror claims made against Small Smiles locations in several other cities nationwide: that dentists performed rushed and unnecessary procedures in pursuit of lucrative bonuses and Medicaid money. Your taxpayer money.

In a recent survey of 29 Small Smiles parents:

• 17 / 29 said they requested -- but were denied -- the ability to sit with their child(ren) during treatment

• 12 / 29 said their child(ren) was/were placed under a papoose board, unable to move his/their arms and legs

• 3 / 29 said they did not consent to the use of that papoose board in advance

• 18 / 29 said the dentist placed crowns on their child(ren)'s baby teeth (as many as eight crowns in one sitting)

• 12 / 29 said their child(ren) developed complications, including bleeding, infection, and severe pain

• 6 / 29 said another dentist later told them the work done at Small Smiles was not necessary

In sometimes scathing statements, a few parents said their children were screaming in pain because the dentist did not wait for the Novocain to take effect, or skipped it altogether. Other parents described staff members placing dirty instruments back in the drawer, or in their child's mouth.

With the parents' written permission, CBS 6 mailed copies all of the questionnaires and statements to state investigators from three departments. One agency -- the State Education Department's Office of Professional Discipline -- had filed a subpoena, requesting related documents. That agency licenses the dentists.

Small Smiles corporate spokesman Don Meyer, who has called CBS 6's reporting of the allegations "a striking case of substandard journalism" full of "baseless claims," offered a generic response to the parents:

"We handle parent concerns on a case-by-case basis. Parents are encouraged to contact their child's dental center directly (464-0402) or call our 800 number. As previously stated, we take any concern seriously, and take immediate action to remedy problems if and when they occur."

Meyer promised an explanation for the name change at the Colonie clinic, but he had not offered one by Thursday night.

Stay with CBS 6 News for the latest on the state investigations.

EDITORIAL NOTE: Dr. Maziar Izadi, who retreated from a CBS 6 camera crew when approached for comment in March, is still practicing at the former Small Smiles clinic. CBS 6 is withholding the name of the other dentist because he, unlike Izadi, was not named by any parents.

Most parents said they didn't know who worked on their child(ren), because they never met the dentist. Only a dental assistant came to the waiting room to speak to them.

Wild Smiles Comment

Here is a comment posted about the new Wild Smiles and I just didn't want anyone to miss it so I'm posting it here on the main page.

Wild Smiles? That is a good one! What makes these people think that the word 'smiles' is appropriate in any of their names?
How about DF&B? Drill Fill and Bill instead?
Maybe 'Screams are Us'?
How about 'Dental Mills of America'?
What a racket these places have- they have twenty one years to drill teeth on one child. About ten or twelve of those years they can drill, fill, drill again. Then remove the nerve in tetth and put metal caps on them. Not only that they have a bunch of 'permanent' teeth that come in and they can drill on them from about age five or six to age twenty one! That is about fifty something teeth per person that they can have their way with over a period of twenty one years. Forget about preventative measures to prevent decay! They would lose out on something way too good and profitable for them!
Too many teeth are drilled unnecessarily. Too many teeth are root canal treated and capped and then many times extracted a short while later. Too many times small cavities are missed and they end up being so the tooth needs to be cut away more than it should have been, or something worse, like extraction.. Too many teeth are being cut that do not even have decay. They regularly take x-rays on every patient every six months regardless of if there is a reason or not. They squeeze out every dollar from every patient in every way they can, If they miss out on a billable procedure- they get upset!
The list of shameful practices goes on daily at these places.
The poor and unsuspecting parents and children that go to Small Smiles and others like them are being taken advantage of. They lose teeth at an early age when they do not need to. They receive treatments that are often excessive or not even needed.
Small Smiles is a shameful profiteering scheme under the guise of "health care' and providing "care" for those so-called under served. Those who do not even have a clue of what is occurring.
And Medicaid payers in every state nationwide should be reeled in and held responsible for the shameful waste of taxpayers' money by allowing these places to operate completely unchecked.
There needs to be something done to reverse this trend of profiting excessively through Medicaid fraud and other abuses.
Smiles? There is nothing to smile about. These places do not really care for the people that come there. They truly are interested in making as much money as they can, as fast as they can, and as easily as they can.
It's "wild" ALRIGHT. BUT NOBODY IS REALLY SMILING.

Mark DeRose's Great American Tire and Auto Service

Everyday someone sends me or I find something more about the Great American Family of Eddie DeRose. This one was sent to me and is about his son Mark.
I don't know if these guys are still in business or not, nor do I care. But if there is a Great American Tire and Auto Service Center in your area, do the world a favor and boycott the place. This family preys on children for profit!

September 2002
Modern Tire Dealer Article
The idea for Great American Tire and Auto Service Centers started simply enough, with a combination service station/convenience store in Colorado in 1986. But owners Mark DeRose and Chuck Pecoraro were not satisfied.
So in 1998, their "multi-facility concept" was born. Great American Tire partnered with Shell Oil Co. to create a one-stop shop with a tire and automotive service center, a Shell Rapid Lube, a convenience store and gas station.
Four years later, there are 12 Great American Tire complexes in the United States, with another scheduled to open Nov. 13th in McKinney, Texas, a suburb of Dallas.
According to Janet Beaudry, vice president of marketing and sales, the company's goal is to make the experience of buying tires and automotive service an enjoyable one for the customer. To that end, Great American Tire posts its prices, displays its tires in cabinets and makes use of interactive tire and wheel kiosks to better inform car owners. Customers can watch their vehicles being serviced as part of the store design. [This is where I about crapped my pants! They will let you watch your car being worked on but not your child!]
Each outlet also furnishes its showroom with leather sofas, ample table space, copies of O and Food and Wine magazines, a refrigerator with bottled water and Game Boy players for the kids.
Great American Tire, based in Greenwood Village, Colo., plans to add another 38 stores in high-growth neighborhoods by 2005, according to Beaudry. Modern Tire Dealer recently caught up with her, and asked her about the company's expansion plans.
MTD: What are your expansion plans for the near-term?
Beaudry: Within the next three years, we'll have 50 total stores. Right now, we have our real estate team in each of the markets we’re interested in looking for the perfect corner, a high traffic, high commuter area.
MTD: Presently, you have 12 stores, or "multi-facilities" as you like to call them, located in suburbs rather than inner-city areas. Is that always your goal?
Beaudry: You have high growth in suburbs. Also, suburbs are critical because we need a big lot size, and you don't have two-acre lots in mature market areas. With our multi-facility concept, we need room for a Great American Tire and Auto Service Center, a quick lube, gasoline pumps and a convenience store.
MTD: I know Shell runs the quick lube, gas pumps and convenience store. Are they co-owners of each complex?
Beaudry: We own the complex, and we lease out part of the lot back to Shell. We choose each lot, obviously, with support from Shell, so each one has the demographics both Shell and Great American are looking for.
MTD: You sell tires manufactured by Michelin. Are they part-owners of Great American Tire?
Beaudry: We just sell Michelin brands exclusively. That's our relationship with Michelin. We sell Michelin, BFGoodrich, Uniroyal and Cavalier tires.
MTD: Will all your complexes be built from scratch?
Beaudry: As far as I know. Everything that has come across my desk has been (empty) lots.... We want the gas station and the convenience store next to the tire outlet because at that point we become a destination, a place where you can get everything for your car in one stop. We want to have that because that's what makes us more attractive to the consumer.
MTD: Fifty stores from scratch by 2005 seems very ambitious...
Beaudry: Every person in every department is focused on that goal, from the people in land development, purchasing, construction, marketing, sales, accounting, human resources -- everyone.
MTD: Is your business plan to eventually go public or set up a franchising program or both?
Beaudry: As of right now, there is nothing on the radar screen to go public or franchise. Saying that, we want all 50 stores to basically look and feel the exact same, to have the same level of customer service. That's why at this point we feel the need to keep them all in the company's portfolio.
MTD: Do you have any long-term goals in regard to number of stores?
Beaudry: Ultimately, if all goes well, there will be 300 stores. But that would be long-term. The immediate attention for all of us is the 50 stores.
MTD: Where will the stores be located?
Beaudry: The 50 stores will go into nine great markets. We're in Denver, Seattle, Phoenix, Atlanta and Sterling, Va., now. We will expand into the Dallas area Nov. 13. We want to expand into Chicago, northern Boston and southern Florida -- Dayton County in particular. There will be a minimum of five stores in each market (there are seven stores in the Denver area).
MTD: Are you targeting any particular type of customer?
Beaudry: The stores are designed to attract anyone who's in control of their car maintenance. In our stores, 60% of our customers, on average, are female. But our marketing efforts and expansion efforts target anyone who wants a clean, relaxing place to have their car serviced. In our industry, you don't hear people saying that buying tires or getting their vehicles serviced is relaxing. We kind of change the way people think about their service and what their experience should be.
MTD: What do you feel is unique about your complexes?
Beaudry: One of the unique things about Great American is its disclosure of all pricing, which also adds to the comfort level of our customers when they're in our store. Except for tax and environmental fees, it's all incorporated in the pricing, which I think reduces the stress. Everything's simplified. It's not pricing roulette. And our pricing is fair.
It's the same way we sell tires and service. (Our technicians) will pinpoint your needs and show you the needs of your car. We've taken all the complication out of servicing your car.
MTD: What do you mean by "fair" pricing?
Beaudry: We definitely are price-competitive in all markets in terms of the tires and services we sell. We're not the lowest price, or the highest price. We find the comfortable competitive price point within that market.

Mother Files Suit Against Dr. Tish Ballance, Dr. Michael DeRose and Medicaid Dental Center

September 11, 2008

Click here for the video report

Click Here For Stuart Watson's Full Report.

Tish Ballance's Hands Back In The Till

Well in just a few weeks is the scheduled opening date of Dr. Tish Ballance's newest medicaid dental clinic, Carolina West Dental located in Waynesville, NC. Can you believe after settling a claim with Dr. Michael DeRose of Pueblo, CO in the amount of $10 million dollars the state of North Carolina is going to let her hands back into the Medicaid till?

Is it just me that finds this outrageous? Surely not.

Above is a picture of what your child may well look like if they go to Dr. Ballance's dental clinic.

This is the same woman who thought it was perfectly fine to put strap innocent children down in papoose boards and fill their mouths with 16-18 stainless steel crowns!

Small Smiles Says It's Family Owned

Small Smiles has their company info on Careerbuilder.com (click here) Here they say they are family owned. I sure wish they would make up their minds on who owns them don't you guys? I guess it depends on who is asking, right?

Wild Smiles Just Another Name For Small Smiles

Forba's newest name change Wild Smiles is now open in Houston. Don't be fooled by the name, it is still FORBA, it's still Texas Smiles USA, it is still Small Smiles! I expect all of the clinics may soon see a name change. Picking Wild Smiles is quite appropriate don't you think?

WILD SMILES DENTAL CENTERS OF HOUSTON
5720-D Bellaire Boulevard — between Hillcroft Avenue and Chimney Rock Road
713-668-5437

Colorado Has Enacted A New Dental Practice Ownership Law

It looks like Colorado has enacted some new laws and regulations regarding dental practice ownership. After reading the new law it appears to be geared toward Forba/Small Smiles. If so this would be the second time Colorado has had to enact laws especially geared toward these clinics. The first one was limiting the number of crowns done in one setting and limiting the amount of time they can keep a child tied up in a papoose board.

Here is the new law:

Colorado Enacts New Laws Regarding Dental Practice Ownership
On March 20, 2008, Governor Bill Ritter, Jr. signed House Bill 08-1134 into law effective August 5, 2008. A portion of this bill concerns the disclosure of the ownership of a practice that provides dental care to patients. This law will directly affect all dental or dental hygiene practices in Colorado. Specifically, this new law requires that certain information regarding the ownership of the dental or hygiene practice be available upon request at the reception desk of the practice during normal business hours. The law further provides that this information be made available on a form approved by the Board. This ownership form is available on the Board’s website here. The availability of this information is a mandatory requirement, effective August 5, 2008.

Another important provision in this legislation is that it allows an heir to the dentist or dental hygienist to serve as a proprietor of the deceased’s practice for up to one year after their death, regardless of whether the heir is licensed to practice. And that upon good cause shown, may petition the Board for an extension of the temporary ownership period by up to an additional twelve months, if necessary, to allow them sufficient time to sell or otherwise dispose of the practice.

I especially enjoyed the form they designed to be filled out and on hand at the front desk for anyone to be able to ask and see exactly who really owns a particular clinic. Of course Forba is notorious for using the licenses of dentist that are actually Forba employees and saying they are the owners. They do this in several states, Ken Knott and Robert Andrus are prime examples of this.

What blows my mind is what amount of money would a dentist have to receive in compensation to loan out their licenses like that. Of course when Forba fills out this little form it will be just more fraudulent evidence won't it.

Does you Colorado Dental Clinic have this form on hand at the front desk? It should, since this law took effect August 8, 2008.

Forba's Banking Habits

Ever wonder where Forba /Small Smiles does it's banking? Well so did I. I was able to obtain a copy of the back of a check Forba Holding, LLC deposited into their account. I removed the actual account number since I figured none of you actually wanted to make a deposit in their account.

They make their deposits to Associated Bank (Assocaited Banc-Corp) that has branches in Wisconsin and Illinois, which by the way are two states they don't have even one clinic in operation. Am I the only one that finds that a bit odd?

There is another thing I find odd that's I've been told by those who either work for or have worked for Forba. They pay out of various accounts. Some get paid from Children's Medicaid Clinic, and others paid from Forba Holding,LLC some paid from Forba NY, LLC and I believe some get their bonus checks coming from yet another company name.

If you get checks from Forba email me and tell me where your checks come from and what bank they are written on.


Clickable Email Me Link

So who owns 415 N. Grand Street, Pueblo, Colorado-Forba's Colorado Address?

Want to know who owns "Touchdown Properties" click here. If you don't want to take the time to click I'll just tell you. It's Dan DeRose. Well, Dan DeRose and Michael A. Roumph. If you search for Michael, he's a huge part of DD Marketing, Dan's other company.

I know that Michael DeRose and his daddy, Eddie take a lot of heat over this Small Smiles/Forba thing, probably since they are dentists themselves, but Danny boy is up to his friggin neck in this whole thing.

Forba Holding, LLC Sues Adventure Dental and Vision (Hero Management, Ron Montano)

I reported a month or so ago about Ron Montano, his dental management company, Hero Management and his string of clinics called Adventure Dental and Vision.  I reported that he used to work for Small Smiles.  His separation from the company is conflicting, I've heard he quit, I've heard he was fired...not that it really matters.

Well, in April 2007 Forba Holding file a lawsuit again Ron Montano and Hero Management and the cause in question is the "Economic Espionage Act of 1996, section 18:1831.  Forba was demanding $350,000 in damages according to the suit.  Cause Number 2007cv00675.  This particular case was dismissed on September 21, 2007 with both parties agreeing not to pursue this any further.  I suspect Forba really didn't want ALL their trade secrets being aired in open court don't you?

According to Wikipedia the Economic Espionage Act of 1996 is as follows:

The Economic Espionage Act of 1996 (see RFD 18 U.S.C. § 1831) makes the theft or misappropriation of a trade secret a federal crime.

This law contains two sections criminalizing two sorts of activity. The first, 18 U.S.C. § 1831(a), criminalizes the misappropriation of trade secrets (including conspiracy to misappropriate trade secrets and the subsequent acquisition of such misappropriated trade secrets) with the knowledge or intent that the theft will benefit a foreign power. Penalties for violation are fines of up to US$500,000 per offense and imprisonment of up to 15 years for individuals, and fines of up to US$10 million for organizations,

The second section, 18 U.S.C. § 1832, criminalizes the misappropriation of trade secrets related to or included in a product that is produced for or placed in interstate (including international) commerce, with the knowledge or intent that the misappropriation will injure the owner of the trade secret. Penalties for violation of section 1832 are imprisonment for up to 10 years for individuals (no fines) and fines of up to US$5 million for organizations.

In addition to these specific penalties, section 1834 of the EEA also requires criminal forfeiture of (1) any proceeds of the crime and property derived from proceeds of the crime and (2) any property used, or intended to be used, in commission of the crime.

The Act authorizes civil proceedings by the Department of Justice to enjoin violations of the Act, but does not create a private cause of action. Thus, victims or putative victims must work with the U.S. Attorney in order to obtain an injunction.

I don't really understand exactly why it was Forba vs Hero since this is a criminal act and Forba would have to file a criminal complaint with the US Attorney to get this suit filed and according to the filings this is a civil suit. 

Anyway, evidently Forba says Ron Montano took some 'trade' secrets with him when he left Small Smiles and is using them to profit from his Adventure Dental and Vision clinics.

The attorney for Forba was William T. Slamkowski of Hensley, Kim and Holzer in Denver.  The attorney for Ron Montano  was Brett Painter of Davis, Graham and & Stubbs in Denver.

Update:

Ok, I finally got my hands of the law suit and Forba was ticked off because two of their employees, besides Ron himself went over to Adventure Dental at the time it was called Captain Smiles.  The two others that jumped Forba's ship was Joseph Lee and Adam Ditto.  Lee and Ditto supposed took all this sensitive info over to Montano....

Tish Ballance, DDS Small Business Loan

Here is a link to a list of Small Business Association loans in North Carolina.  About 3/4 of the way down the page you will see Letitia L. Ballance, DDS, PA was approved for a 1.3 million dollar loan in January, on the 28th to be exact or that's how I read it anyway. 

That was about 4 months before she entered into the $10 million dollar settlement with the government for Medicaid fraud.

Wonder what happened to this money?

Dr. Tish Ballance Still Living High

Who says it's not profitable to accept medicaid dental patients? Here is Dr. Letitia (Tish) Ballance's home just outside Charlotte, North Carolina on Charlie Hipp Road. It's close to 10,000 square feet, sets on 8.5 acres, has a stable and valued at around 1 million dollars. Even though she was ordered to pay her part of a $10 million dollar settlement for Medicaid fraud, over treating children, strapping them in papoose boards to increase patient flow through the office she's still living in high cotton as some would say.

Here is a picture of it when it was still under construction.

One thing I know for sure is that Tish Ballance won't be driving to Waynesville to work in that clinic she's planning on opening in Waynesville, NC. I drove it and from her house to that clinic is real close to 140 miles one way.

Here is an example of the heart felt letters I get from dentists across the nation

Thank you for your courage in dealing w/ this issue. I hope the US Attorney's Office would take note, as this represents interstate organized crime, & RICO violations.

The horrors of this organization are well known to those willing to take their heads out of the sand. It goes from the overdose & death of a child a few years ago in West Phoenix, to "over-billing", to physical restraints, to hand over nose & mouth (stops child's breathing) to insert Molt mouth ratchet, to hair dryers so parents won't see peed pants of frightened kids as they return to reception room, to blasted music sound systems to block out cries of children, to gross over-treatment, etc.

What in particular eats at me is the corruption of my junior dentist colleagues. They are never quite the same after experiencing these "clinics". They are in some state of post-traumatic shock. It's difficult for them to open up, & when they do, they flood w/ emotions.

In many ways, it's not only the children which suffer. The junior dentists & auxiliary staff also are damaged by the experience. Their stories are difficult to hear.

Medicaid & "Access to Care" are political footballs, which few truly wish to honestly face. Poor children are pawns. Too bad.

BTW- Up until a couple of years ago, Dan DeRose managed a company (owners included father, Edward (dentist) & brother Michael (dentist)), which placed soda pop machines in public schools. Big $$$! Seemingly, this is an ethical conflict. Step 1. Generate cavities in kids (especially in low-income communities where they need pop machines to subsidize education.). Step 2. Advertise in public schools via take-home flyers to parents of dental care (Medicaid). Step 3. Have Medicaid dental clinic open for business.

Did you check out the public record of the CO Dental Board & Sanctions against Drs. Edward & Michael DeRose? CO Dental Board prevailed. Dental Board claimed DeRoses utilized unlicensed dentists at their CO Medicaid clinics. The DeRoses countered these were "training" activities.

Again, thank you for assisting the public good.

Tish Ballance To Open Clinic in Waynesville, NC October 2008

After much discussion on what the heck happened to Tish Ballance and her Access West dental clinic that was supposed to open in Asheville, NC in July 2008 I thought it was time to just go find out for myself.
So I took off to Asheville to check things out.  There is no sign of her Access West Clinic in Asheville and the number you find of the Internet is no longer in service, nor is there a current phone number for Access West, so hopefully we stopped that theivin dentist in Asheville.
However and this is a big however!  She is opening up a clinic in Waynesville, NC about 25 miles northwest of Asheville close to Maggie Valley and Cherokee, NC.  It's a beautiful little town nestled at the foot of the mountains.  A good place for a crook to hide out.
Her new clinic's name is Carolina West Dental Clinic and will be located in Waynesville Plaza shopping center in the old Family Dollar building.  It appeared the plumbing is in for all the dental stations but not one stud has been put up in the huge building. 
I asked the construction guys about the place and they directed me across the parking lot to a small tan building housing a construction company's office who builds log home among other things.
I spoke with the gentlemen in the office and they told me the place should be ready to open at the end of October, so we still have some time left to stop this clinic from opening as well. 
Evidently times are hard for Tish as her contractor seems to be also acting as her human resources person.  I say this since I presented my self as looking for a job and the new clinic and he insisted that I could get my resume together and leave it with him and he would see to it that it got to the right person.
But there seems to be no sign of her greed little hands in Asheville unless she used some other name to open her clinic other than Access West or Carolina West Dental.
It's time we warn the good citizens of Waynesville what kind of person is about to start treating the children in this small quaint town.

Small Smiles In New Albany Still Treating and Mistreating Children; Collecting Medicaid Dollars Once Again!

New Albany Small Smiles Clinic Still In Business. The sign simply says Dentist Clinic, but the new name actually is Albany Access Dentistry as I've reported on here before.

Thank goodness more parents are suing Forba/Small Smiles! Their Legal Eagles of King and Spalding should be quite busy right about now.

Of course Forba is going to say they no longer own this clinic but that simply is an out right lie. They know they own it, I know they own it and others know damn well they own it!

If you do a 'who is' for who owns and administers the Albany Access Dentistry website you will see that it's FORBA. Yeah, they registered that name just days following the Albany clinic being shut out of the medicaid program in NY.

Anyone who reads this blog knows that Small Smiles/Forba always seems to find a way to skirt the laws of every state in which they operate. But something tells me this is all coming to a swift end very soon. These reports are not going away, and I certainly am not going away, not as long as Forba insists on abusing children for profit!

Shotty Toothbrushes Sent Home With Patients At Small Smiles, Smile Starters and other Forba Owned Clinics

Little did I know the response I would get when I posted about the toothbrushes imported from China by Brad Padula.  These toothbrushes were supposed to be FDA approved or at least that's what it said.

However, from massive amounts of emails I've received I seriously doubt it, unless the FDA approved toothbrushes loaded with stains on the bristles, crumbing handles that left your mouth full of bristles and pieces parts.  Not that I would expect a quality brush sent home, they want those teeth to rot, right?!

Anyway, if they give you one of those toothbrushes that are not a brand name, take it home and throw the damn thing in the garbage.

Dr. Letitia (Tish) Ballance Update

I'm getting conflicting reports as to whether Letitia (Tish) Ballance opened her new state of the art "Access West" dental clinic is Asheville, but am getting a strong report she's opening a clinic in Waynesville, NC, located in Waynesville Plaza.

However I did do a little search to see if maybe Tish had ever been licensed in Colorado, and sure'nuff there she was.

License number 8153.  She was first licensed in June, 2000 and let it laspe in February 2006.  Her licensing method was 'credentialing'.  No actions are on file for her. 

I would hope that the dental board has her name red flagged in case she were to ever try and get her licenses there again.  In fact when she, along with Michael DeRose were fined that $10 million last year, didn't the dental board say something about how this would following them no matter where they go, well yeah, it's following them alright.  Following them right along to opening more clinics, bilking (I mean, billing) medicaid and straight to the bank.

When I find out for sure if she opened that new clinic in Asheville, I'll update it here.

Small Smiles Pays School District To Advertise

According to an article in The Colorado Springs Gazette (see here) Small Smiles paid the El Paso County school district 11 $7,000 to advertise on buses, to send post cards home with students in 2004.

This was just prior to the state enacting very strict guideline on papoosing a child for dental work.  The state had to enact this rule due to all the complaints it received from parent about Small Smiles torturous treatment practices.

Michael DeRose didn't speak at the hearing when this new rule was being read however Sen. Maryanne Keller said, "To Voluntarily restrain another individual against their will is the seond worst thing we can do to them."

I bring this up now to show that as far back as 2004 the DeRose's, Forba, Small Smiles and all of it's affiliates knew that people felt this was wrong on so many levels but did they stop before laws and regulations had to be passed?  NO!

Colorado didn't tolerate this behavior for very long   So what did Small Smiles do, they ventured out to other states to find more children to papoose, abuse and traumatize and they've yet to stop!

First I think there is just something wrong with companies being able to solicit their wears to young school children, dental, coke, pepsi, or whatever.

Second, it's clear, unless a state pass regulations that prohibit Small Smiles and those like them to stop abusing children they will continue!  It's 2008 and they are still at it in those states that do not have regulations!

So, States!  What are YOU going to do to stop these people?

FYI: Brad Padula; US Agent Importing Toothbrushes From China

Brad Padula, pictured above is US Agent for FDA Approved Toothbrushes imported from a company in China called Shanghai Songyang Import and Export Company, LTD. See document from zapconnect.com

One might ask, so who cares? What's Brad Padula got to do with any of this anyway?

Well, I'll tell ya. I can connect him directly (can't show you that just yet, but I will) with Smile Starters in North Carolina. That's the Michael DeRose company that was fined the $10 Million dollars back in April for Medicaid fraud, over treating children (16 stainless crowns in one sitting..and more). Remember Michael DeRose is part owner of Forba/Small Smiles (on the board of directors too).

He's the upper management that Arcaptia Bank, out of Bahrain, just outside of Saudi Arabia is doing business with in all these Small Smiles Clinics across the US.

It's uncle Adolph (Rudy) Paula's (Brad's dad, Michael and Dan's uncle) that puts his licenses up in various Small Smiles clinics across the US even though he's not seen a mouth of teeth in years!

A word about Songyang (China International Intellectech Corporation, Shanghai Songyang Import & Export Co., Ltd). As you might know all heavy industry and agriculture in China (The Peoples Republic of China) is State owned. Some large western companies such as General Motors have opened plants in China. These are joint ventures where the State owns the land and GM might own as much as 49% of the joint venture. Only mom and pop size retail establishments can be said to be owned privately. Songyang is State owned. Songyang was established by the State to market the production of the State owned businesses. Add to that the fact that manufacturing labor cost in China is 1/8th (one eighth) that of the United States or Europe.

More on Todd Cruse and His Testimony In Sen. John Ford Trial.

I thought I would post this since it gives a little background on just where Todd Cruse (divorced) actually came from and how he ended up at Forba. Something tells me someone on here just might need this info and find it useful.

Todd should be considered as SVP of Smooth Operations.  Since he certainly is a "smooth" operator.  He can almost make you believe what he is saying and buy what he is selling.  But it doesn't take long to smell what he is stepping in either....

Was Todd or Dan DeRose for that matter given some kind of deal to testify against Sen. John Ford?  We will probably never know.  I sure hope that was not the case.

At the time all this went down Don Sundquist was governor of Tenneesee and Toad (...LOL...sorry I mistyped then decided to just leave it,..sorry, Todd) Cruse was a top official in Sundquist's administration.
From Commercial Appeal:

By Richard Locker (Contact), Memphis Commercial Appeal
Monday, July 7, 2008
NASHVILLE — NASHVILLE -- The lobbyist for a network of children's dental clinics told jurors this afternoon John Ford was the only Memphis lawmaker he spoke with who would not help his company in its fight with Doral Dental Services to open a clinic in Memphis and that when he asked Ford for help, "He chuckled a bit and said, 'No, they call me Mr. 15 Percent'.''
That exchange between Todd Cruse, a top official in former governor Don Sundquist's administration and later a government relations executive with Forba Dental, occurred in 2003 outside the P.F. Chang's China Bistro in Memphis, Cruse testified.
Prosecutors are trying to prove that Ford used his influence as a powerful member of the state Senate on behalf on Doral Dental Services, with whom he had a consulting arrangement that the government claims paid him more then $400,000, through a firm called Managed Care Consulting Group in which Ford was the lead partner.
Cruse went to work for Forba in January 2003 after the Sundquist administration left office. He first worked on Forba's behalf through a lobbying firm called Public Strategies, and then moved directly to Forba's employment.
Soon after he left state government, Forba became embroiled in a bitter fight with Doral after Doral rejected Forba's efforts to join Doral's network of dental providers across the state that would allow Forba to serve -- and get reimbursed for -- TennCare recipients, primarily children.
That denial, Cruse said, occurred on the day in the spring 2003 that Forba had opened its first Tennessee clinic in Memphis at Knight-Arnold Road and Perkins. That turned out to be the only day it was open, Cruse said, because its business model was to exclusively serve low-income children who were covered by government-paid health insurance programs.
Up until that time, he testified, Forba believed it was en route to being approved by Doral, TennCare's sole contractor to administer dental benefits to TennCare recipients, for inclusion in its network of dental providers. Its dentist and the Memphis facility had been certified by Doral. The only reason Doral gave for the rejection was that its network in Tennessee's urban areas was "adequate."
Cruse said Forba launched a "multi-faceted" campaign to reverse the decision, meeting with black legislators whose constituents were Forba's primary patients, attempting to rally support among ministers and meeting with TennCare officials. That effort included at least two meetings with Ford, in his office and at P.F.Chang's, and a brief conversation in the Legislative Plaza hallway in Nashville.
Cruse said that House Speaker Pro Tem Lois DeBerry, state Rep. John DeBerry, and then-legislators Roscoe Dixon and Kathryn Bowers, all of Memphis, were generally supportive of Forba's efforts. But Ford was not. In the meetings, Ford attempted to lay blame on state TennCare officials rather than Doral.
After the meeting in Ford's office, Cruse testified, he said that Ford's general response was that "the whole situation was silly; it can't be Doral's fault, it was on the back of the TennCare Bureau. It was left open (at that time) whether he would do anything."
But at a later meeting in Memphis, at the restaurant, Cruse said he and other Forba executives told Ford that Forba was seriously considering filing a lawsuit against Doral. "He said it wasn't Doral's problem. It was TennCare's problem," Cruse testified.
Cruse testified the conversation continued as he, Ford and Forba executive Dan DeRose drifted out into Chang's parking lot and Cruse made a last-ditch effort to win the senator's help:
"I said we could really use his help, that the situation was dire. He chuckled a little bit and said, 'No, they call me Mr. 15 Percent."
Cruse testified later under cross examination by Asst. Federal Public Defender Isaiah Gant, Ford's defense attorney, that that remark stood out in his mind. "When a legislator tells you he is known as Mr. 15 Percent, it sticks with you."
Although there was no attempt made to explain the meaning of the statement, Gant attempted to discredit the phrase, getting Cruse to acknowledge that it did not "stick" with him enough for him to report it to authorities. But Cruse said that he had never heard another legislator make such a remark.
In his direct examination by Asst. U.S. Atty. Eli Richardson, Cruse said that at no time did Ford ever let him know that he was doing consulting work for Doral or had any sort of financial arrangement with Doral. He said that would have been good to know as he approached him for help on behalf of Forba, which was fighting Doral.
But under cross examination, Cruse acknowledged that there was no law requiring Ford to notify him that he was working for anyone.
In the final testimony of the day, Doral executive Robert W. Lynn testified how he first learned of his company's consulting contract with Managed Care Services Group -- in late 2004 as Doral was being acquired by DentaQuest Dental Services and Lynn was assigned to assess all of Doral's consulting contracts with an eye toward cutting costs.
Under cross examination, Lynn acknowledged that the firm had consulting contracts for business development in several states and that he was not aware whether Ford's work occurred inside or outside of Tennessee. One of the defense's arguments is that Ford's work was outside of Tennessee, which would apparently not have been illegal.
Under re-direct questioning by Asst. U.S. Atty. David Rivera, Lynn said that to his knowledge, none of the other consulting contracts were with sitting state senators.