Wednesday, September 04, 2013

Another troubling pediatric sedation dentist loose in Florida–Dr. Michael Addair Tarver

Polliwog Dental Children's Dentistry, is at 255 SE 17th Street in Ocala, Florida  34771Polliwog Children's Dentistry

 

 

 

 

 

 

 

 

 

 

Ocala Star Banner Logo

State suspends pediatric dentist in Ocala

By Austin L. Miller
Staff writer
Published: Wednesday, September 4, 2013 at 7:55 p.m.
Last Modified: Wednesday, September 4, 2013 at 7:55 p.m.

OCALA, FLORIDA — An Ocala dentist whose office was visited in late July by authorities who removed files and interviewed employees has had his license suspended, according to the state Department of Health.

A report by the DOH ordered the emergency suspension of Dr. Michael Addair Tarver’s license to practice dentistry.

The order, dated Wednesday, states that Tarver is a board-certified pediatric dentist. He’s the owner and operator of Polliwog Dental, a children’s dentistry office at 255 SE 17th St.

DOH officials said the emergency suspension order is directed at the individual, not the facility. Therefore, while Tarver cannot practice in the state of Florida, his wife, Dr. Rebecca Tarver, also a licensed dentist, can practice, and therefore the facility remains open, DOH said.

Tarver disputes the allegations against him.

“I am profoundly disappointed and shocked that the Board of Dentistry would take such action without even reviewing the facts or giving me a chance to defend myself,” he said in an email to the Star-Banner, adding that his attorney is “fighting this decision” and that he expects to have his license reinstated soon.

Hailing his wife as an excellent dentist, Tarver said the office is open and “will continue to provide quality care.”

The 10-page document outlined the reasons for the suspension:

Colorado Dentists Who Used Dirty Needles Arrested in Nevada–Cocaine Intoxication

Dr. Stephen Stein - Then and Now

 

Dentist Who Reused Needles CBS 4 DenverFaces First Criminal Case

DENVER (CBS4 ) – A dentist who reused needles and put thousands of patients at risk of contracting deadly diseases has been arrested in Nevada.

Stephen Stein was arrested just after 1 a.m. Aug. 12 for cocaine and driving under the influence near Lake Tahoe in Nevada.

Court documents state Stein was speeding, 48 mph in a 35 mph zone, while intoxicated with cocaine.

Officers said they found “a hollowed out ink cartridge” in the Chevy Traverse he was driving.

In Colorado last year, Stein had been investigated by police in Denver for prescription fraud for alleged practices out of his two offices in the Denver metro area. State charges were never filed.

Stein agreed to surrender his dental license last year after the Colorado Department of Health discovered he had been under the influence of painkillers while treating patients.

Examiners said Stein admitted to being a drug addict. The board also found he had been using drugs intended for patients.

Since Oct. 1, 2012 six former patients of Stein have tested positive for either hepatitis or HIV.

It’s not known whether they contracted the diseases from Dr. Stephen Stein’s office. Stein has since surrendered his license as an oral surgeon.

About 8,000 of Stein’s patients were sent letters asking them to get tested. The health department says it’s impossible to definitively tell if the infected patients got sick from Stein.

Stein had offices in Cherry Creek and Highlands Ranch.

Stein is scheduled for court in the Lake Tahoe area on Sept. 17. Court officials said that is when the results of his blood tests will be released.


Related:

Patients of Dr. Stephen Stein urged to get tested for HIV and hepatitis

Thursday, August 29, 2013

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

I’m sure we will see Dr. Turbyfill in the news again.  It’s just a matter of time.  Clearly the state of Florida learned little from the Dr. Thomas Floyd fiasco.

Aug. 27, 2013

pnj logo

FLORIDA - A Pensacola oral surgeon plans to start a new practice after reaching a settlement agreement with the Florida Department of Health over accusations of sexual misconduct with three sedated teenage patients.

Dr. David “Ty” Turbyfill has denied the allegations, calling them unfounded.

The Florida Board of Dentistry has approved the agreement, which allows Turbyfill to continue his practice. The deal calls for him to pay a $10,000 administrative fine and $4,630 in costs associated with the case. It also requires him to be monitored by a licensed health professional when using anesthesia or conscious sedation.

Turbyfill was formerly a partner of Oral & Maxillofacial Surgery Associates on North 9th Avenue.

His license has been restricted since April, when the state health department issued an emergency order after the allegations surfaced.

The department filed an administrative complaint later that month stating that staff members had seen Turbyfill acting inappropriately with three female patients on four occasions, twice with the same patient, between Nov. 16 and Feb. 20. Among claims in the complaint, witnesses alleged that Turbyville was seen moving his hips and pelvic region suggestively near patients and seemed to be sexually aroused in the presence of some patients — covering his groin and leaving the room on more than one occasion.

Wednesday, August 28, 2013

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

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

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


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













Monday, August 26, 2013

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

Antoine Dental Center (ADC) and owner Dr. Behzad Nazari, was been placed on an administrative Credible Allegations of Fraud (CAF) 100% payment hold from Medicaid reimbursements/payments in Texas in April 2012.

CAF - Federal law defines a “credible allegation of fraud” as an “allegation, which has been verified by the State, from any source.” 42 CFR § 455.2 states that the source of these allegations may include, but are not limited to, “(1) fraud hotline complaints, (2) claims data mining, (3) patterns identified through provider audits, civil false claims cases, and law enforcement investigations. Allegations are considered credible when they have indicia of reliability and the State Medicaid Agency has reviewed all allegations, facts, and evidence carefully and acts judiciously on a case-by-case basis.

Since Dr. Nazari disagreed with this payment hold he filed a suit against Texas Health and Human Services Commission – Office of Inspector General (HHSC-OIG) —State Office of Administrative Hearings (SOAH) Docket No. 529-13-0997; HHSC-OIG Case number P20111316523848911.

On May 28, 2013 four days of hearings began where evidence from both sides was presented to the judges at the SOAH in Austin.

On August 23, 2013 both sides filed their written Briefs and Closing Arguments.  They can be read by clicking the links at the end. 

One Brief and Closing made perfect sense, with facts and logic along with visual aids.  One sounded like a babbling idiot recounting a fairy tale. Guess which was which.

ADC and Dr. Nazari seem to think that division, and possibly the whole OIG office, is completely unnecessary.

In the ADC Brief and Closing Argument they state:

How can the OIG support any credible aggregations of impropriety regarding HDL score sheets when the underlying diagnostic material was made available to the State and the State pre-approved the analysis that was reflected on the HDL score sheets?

Tuesday, August 20, 2013

Why bother?

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

 

WHEC-TVThe state attorney general's office says there's a criminal and civil settlement with a Rochester dentist who fraudulently billed Medicaid.


The office says Dr. Samir Khalil previously plead guilty to grand larceny charges. According to the felony complaint, he improperly received more than $480,000 from Medicaid over a four year period. In addition, the office says he "upcoded" and billed Medicaid for claims and services which resulted in more than $3,000 in false billings.


Investigators say he collected the money through his company Parkwood Dental Care on Elmwood Avenue.


"As taxpayers, we rely on a good health care system for all of us," says Catherine Wagner of the Attorney General's Medicaid Fraud Unit. "When a provider defrauds it and takes advantage it's a trickle effect on the integrity of the health care program of Medicaid and other programs."


The office says Khalil completed the last of his payments back to New York State and was sentenced to full restitution and community service on his felony conviction.

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

Dallas Business JournalBill Hethcock
Staff Writer- Dallas Business Journal
Email  | Twitter  | Twitter  | Google+

South Texas Dental, which operates family dental centers in Houston, Dallas, Fort Worth and San Antonio, has acquired the 12 offices of the All Smiles general dentistry practice in North Texas.

Financial terms of the transaction were not released.

Three of the offices are in Dallas, two are in Fort Worth, two are in Arlington and single offices are in Garland, Grand Prairie, Haltom City, Irving and McKinney.

Each of the acquired offices has been re-branded as South Texas Dental, and staffing levels and hours of operations will remain unchanged. Each office will accept Medicaid, CHIP and most insurance providers.

South Texas Dental representatives could not immediately be reached for comment.

South Texas Dental now operates 38 family dental centers. The centers are owned entirely by their dentist partners, who make all decisions involving patient care.

“This transaction allows us to acquire dental centers with an established base of satisfied patients,” Dr. Chad Park of South Texas Dental said in a press release. “We spent a great deal of time evaluating each center and patient charts before proceeding with the acquisition.”

I don’t know how much real time was spent “evaluating” each of Malouf’s clinics, but I bet they didn’t doing much digging or the bones would have surfaced.

NY Law Journal

 

 

 

Lawsuit Proceeds Against Dental Chain That Left Child in Pain

By John CaherContactAll Articles

New York Law Journal

August 20, 2013

A chain of dental offices geared toward children covered by Medicaid whose employees claimed it was normal for a 4-year-old patient to be "swollen, in pain, crying, visibly shaken, upset and afraid of the dentist" after drillings, often done without anesthesia, has been denied summary judgment.

Read more: http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202616144209&Lawsuit_Proceeds_Against_Dental_Chain_That_Left_Child_in_Pain#ixzz2cXaRJYQI

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

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

Thomas FloydHere is why their judgment should not be trusted.  

Maybe you remember Dr. Thomas Floyd from his mug shot? No? 

Well, maybe the news reports below about the distinguished gentleman (sarcasm) will jog your memory. Or educate those who are familiar with Dr. Thomas Floyd.

Below is an announcement by the ADA stating what a glorious event the “Medicaid Challenges and Strategies Symposium” of 2008 turned out to be, which included the leaders of each of the ADA’s 17 "trustee districts” 

 

August 04, 2008

Medicaid challenges, strategies examined

By Stacie Crozier

Seventeen private practice dentists—one from each ADA district—who logged at least 1,000 Medicaid and State Children's Health Insurance Program patient visits in the last year gathered at the ADA June 23 to identify challenges and successful strategies for improving access for this population group.

[We all know Dr. Thomas Floyd probably logged that many a week! Wonder what the other 16 dentists “logged”].

Friday, August 16, 2013

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

DTM Avatar-TransparentI have the transcripts from the hearing held in Syracuse on Wednesday (14 Aug 2013) and right out of the gate there seems to be a problem right out of the Nashville office with “compliance”.  I’m sure everyone is shocked, right?

Guess who seems to have a problem with it, compliance, that is?  It would be Ms. Linda Zoeller.  What is the problem you ask?  She is having problems “complying” with a court Order issued several months ago.  (I know, stop laughing.)  Of course she is having trouble.  I know, I know, they don’t understand “comply” “compliance” or any other form of “following the rules”.  Yes, I know, Zoeller is the one who files the thousands of falsified documents for the fake owners and yes, I know she is the “keeper of the rubber stamps” (rubber stamp signatures of “owner dentists”), so of course she is not going to be forthcoming in anything she does.  Non of these folks are, they believe to their core laws, rules, standards and guidelines do not apply to any of them!  And frankly, from what I’ve seen so far, they are right; no one makes them follow any rules.

Well, apparently the folks in Nashville are still trying to hide evidence, and Zoeller is assisting in that endeavor.  (Stop it!  I know you are in tears laughing…  lol).  Zoeller issued an affidavit a few days ago and the attorneys, nor the judge can figure out if she (Zoeller) is saying she is finally in compliance with the court’s Order or not in compliance.  Just from my experience, I’m going with “not”. 

Amazingly Zoeller is having problems producing the performance reviews and and evidence on how they disciplined the dentists who didn’t meet the financial goals of the company.  I can’t imagine why they would want to hide that information!  (sarcasm)  You know they actually sent some files with blank performance review sheets in them!  I take that as a big ole F you!

If I were any of the dentists on trial, I would certainly want them shown to the court.  But I guess before that, those dentists have got to stop with the bullshit singing the corporate song and start worrying about saving their own asses.  Have the dentists not realized yet, these attorneys do NOT have their best interest at heart! 

Zoeller  is one old heifer I’d love to see on the stand and under oath, with a special perjury officer standing beside her.  Or, maybe one of those bark collars that shocks her ass every time she lies.  Oooo…what about a lie detector projected on a screen for the jury to see as she is asked questions.  Gosh, I’d buy a ticket for a performance like that, wouldn’t you?  Yeah, I know we can’t do that, but it sure would be fun.  One this is certain, she would likely blow a lie detector machine in about the first 3 minutes or less. 

Anyway, they have been trying to hide this intel for almost a year,(ok, since the beginning of time)  still no one can  figure out if Zoeller is saying she has produced them all or not.  I have a pretty good idea, don’t you? 

Zoeller basically says she is over worked and they are short handed and in the past year hasn’t had time to pull any files.  LMAO!  Zoeller says she is working 80 hours a week.  Well, damnit, I’m close enough to check that out.  Just saying…

Anyway, the judge plans on issuing an “adverse inference” sanction and is going to require Zoeller  to be at the hearing to answer some questions.  Ooo, I might have to make this one. 

The judge says, “…clearly, my view, based on in large part Miss Zoeller’s affidavit about the efforts or lack of efforts that were made, is that an adverse inference is appropriate here.” 

“… I do think that the failure to produce was willful.”

“…it is very clear from Miss Zoeller’s affidavit that they didn’t take seriously this, the obligation to preserve these records, to obtain and preserve these records during the course of the litigation.”

Thursday, August 15, 2013

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

After 2 years or more of stall tactics by attorney’s representing Small Smiles Dental Center defendants, the New York trials are set to begin in three weeks!  Yes, you heard me, three, count’em 1… 2,…3… weeks!  Yahoo!  Jury selection set to begin September 9, 2013.

Tuesday (August 14, 2013) the  court ruled against Small Smiles and defendants and their plea for a Summary Judgment — essentially telling the old boys to buckle-up, quit whining, they have you by the balls, be ready for trial or start writing checks. Small Smiles Dental Centers’ former dentists (17 in total) and that nasty DeRose crew in Colorado are in for a very bumpy ride. 

Small Smiles Dental Centers NY Malpractice Defendants are:

Companies

Individuals

FORBA Holdings, LLC

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

FORBA NY, LLC

Edward J. DeRose

FORBA, LLC n/k/a LICSAC, NY, LLC

Adolph Padula

DD Marketing, Inc.

William A. Mueller

DeRose Management, LLC

Michael Roumph

Small Smiles Dentistry of Albany, LLC

Maziar Izadi, DDS

Albany Access Dentistry, PLLC

Laura Kroner, DDS

Small Smiles Dentistry of Syracuse, LLC

Judith Mori, DDS

 

Lissett Bernal, DDS
Edmise Forstal, DDS
Evan Goldstein, DDS
Keerthi Golla, DDS
Nassef Lancen, DDS
Wadia Hanna, DDS
Koury Bonds, DDS
Tarek Elsafty, DDS
Dimitri Filostrat, DDS
Yaqobb Khan, DDS
Delia Morales, DDS
Janine Randazzo, DDS
Loc Vin Nuu, DDS
Grace Yaghmai, DDS
  and others
 
These sweet children were hurt and abused and forevermore changed from as far back as 2006, and it’s finally making it to trial!  So, as a warning to all you dentists still employed there, don’t think your ass is out of a bind when you quit; cause it “ain’t”.  Not by a long shot!

Some of the dentists say the used their best medical judgment to provide dental care to the children suing them, but evidence indicates that isn’t even close.  In fact, it’s laughable! Evidence provided showed Koury Bonds, DDS and the others violated the “relevant standard on care” on several issues. 

According to the ruling, there is plenty of evidence these dentists prepared and recommend treatment without clinical justification and performed substandard care. 

They unnecessarily restrained children in papoose boards; extracted teeth that without clinical justification; failed to use local anesthetics, filled teeth that didn’t need to be filled; altering records; performing unnecessary baby root canals;(remember that $35 million dollar award a few weeks ago over unnecessary root canals?) failed to obtain proper informed consent for treatment from parents; just to name a few.  These guys knowingly and purposefully used informed consent forms that they knew did not meet the standards or guidelines of the American Academy of Pediatric Dentistry (AAPD).

Now, haven’t I been screaming this as loud as I can for some 6 years now.  Everything I’ve uncovered and reported here about this horrible place is being proven to be the truth, and it looks like it’s going to be told in front of a jury, pretty damn quickly.

In the ruling the Judge states, “There…is ample evidence from which a jury could concluded that the defendants perpetuated a fraud on the plaintiff by treatment him and other Small Smiles patients not to meet his medical needs but as a means to maximize profits for the dentists, corporations and Individual Defendants.” (the DeRose crew)

More excerpts from the ruling:

“Email correspondence… demonstrates the overriding emphasis on profits.”  One such email between Michael Roumph and the lead dentists in the Albany NY clinic states “[p]roduction per patient needs to improve.” 

Friday, August 09, 2013

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

If you read this blog at all I’m sure you haven’t forgotten the Joint Staff Report issued a couple of weeks ago, by Senators Baucus and Grassley, where they told of the abuse and illegal activities of Small Smiles Dental and other corporate dental chains.  With Small Smiles in particular they laid it out for everyone; from the founders to the current CEO and Garrison Group. 

To top it off, they all but call the folks at HHS/OIC who are supposedly “monitoring” this company, incompetent imbeciles.  It for certain shed light on the “pay to play” action going on between HHS/OIG and Small Smiles Dental Centers; sounded more like a game of Cat and Mouse Extortion between the two to me.  If HHS/OIG were actually assessing the fines for this company laid out in the 2010 Corporate Integrity Agreement, I’d say it would add up to $4 Billion by now.  (ok, I’m exaggerating, but it would be HUGE!)  A couple of years ago, I was told by someone I won’t quote (they don’t like being quoted at HHS/OIG) that they…being OIG…take “Quality of Care Corporate Integrity Agreements very seriously.  I say HA! (as I role my eyes) 

Anyway, below are the responses from the AGD and ADA to the Baucus- Grassley Report.  Hard to believe they are housed at the same address in downtown Chicago.

(I may have messed with the picture a little, but I couldn’t help it.  I only have so much control, ya know)


The AGD Response

AGD applauds Senate report on corporate dentistry

AGD Applaude Senate Report - Dental Tribune w-DTM

 

Dental Tribune

Jul 26, 2013

CHICAGO, Ill., USA: The Academy of General Dentistry (AGD) is applauding a jointly issued U.S. Senate report that criticized large corporate dental practices that engage in deceptive overtreatment of patients. The report, co-released July 23 by Sen. Max Baucus (D-Mont.), chairman of the Senate Committee on Finance, and Sen. Chuck Grassley (R-Iowa), the ranking member of the Senate Committee on the Judiciary, is titled “Joint Staff Report on the Corporate Practice of Dentistry in the Medicaid Program.”

The report says that the Office of Inspector General of the U.S. Department of Health & Human Services (HHS) “should exclude from participating in the Medicaid program” any other corporate entity that employs a “fundamentally deceptive business model resulting in a sustained pattern of substandard care.”

Thursday, August 01, 2013

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

Jun 25th, 2013

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

http://www.vitals.com/dentists/Dr_Benjamin_Porter/reviews#ixzz2ajBCYVVb

Feb 19th, 2013

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

http://www.vitals.com/dentists/Dr_Benjamin_Porter/reviews#ixzz2ajBGgUJj


Ind. dentist arrested with heroin, police say


Benjamin Porter DMD Mugshot

July 31, 2013 (LAPORTE, Ind.) (WLS) -- A LaPorte dentist was arrested during a traffic stop on the Indiana toll road after police found heroin.

Officers stopped Dr. Benjamin Porter for speeding on Monday night. Investigators say a police dog alerted them to the presence of drugs in the car.

Officers say they found ten small bags of heroin.

http://abclocal.go.com/wls/story?section=news/local/indiana&id=9191370


 

LaPorte (IN) dentist arrested for heroin

July 31, 2013|By Stan Maddux | WSBT-TV Correspondent

PORTER COUNTY, INDIANA – A dentist from LaPorte was charged Wednesday after police on the Indiana Toll Road allegedly discovered a large amount of heroin in his vehicle.

Benjamin Porter, 30, told officers in Portage that he had snorted two baggies of heroin prior to being pulled over, police said.

He was charged in Porter County with dealing in a narcotic drug, a Class A felony, and possession of a narcotic drug, a Class C felony.

According to Portage police, an officer observed a 2004 Chevy Impala weaving eastbound through traffic and clocked the car at 62 mph in a 40 mph zone near a toll gate about 7 p.m. Monday.

The driver identified himself as Porter and told the officer he was on his way to LaPorte from Merrillville.

According to police, Porter seemed lethargic, broke out in a sweat, carried an odor of alcohol and avoided eye contact with the officer, who became suspicious enough to call for a K-9 dog to help with a search for drugs.

Porter then revealed heroin was in the car, said police.

According to police, 13 postage stamp-sized bags containing suspected heroin along with two straws containing an alleged heroin residue were among the recovered items.

His practice is Porter Family Dentistry at 1112 Indiana Ave. in LaPorte.

Porter is also listed as a service provider at LaPorte County Dental Services, a clinic operated by I.U. Health LaPorte Hospital & Physicians that offers dental care free or at a discount to low-income individuals.

According to the Porter County Prosecutor's Office, he was still being held Wednesday afternoon on $16,000 cash bond.

He's expected to be arraigned on the charges Friday.

He could face anywhere from a 20- to 50-year sentence on the Class A felony charge and two to eight years in prison on the Class C felony offense.


Currently checking Dr. Porter’s dental license in Indiana shows no “previous actions”, but that doesn’t mean he’s not been there a hundred times.  It’s likely to say the same thing this time next year!

License Number: 12011510A
Issued July 7, 2010
License Type – CSR (Controlled Substance Registered)


Laporte Community Health Center
400 Teegarden St
Ste A
La Porte, IN 46350
(219) 326-0043

Porter Family Dentistry (
1112 Indiana Ave
La Porte, IN  46350
219-362-5205

Porter Family Dentistry

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

Sunday, July 28, 2013

Corporate dentistry criticized for unethical practices, unnecessary procedures

Anniston Starby Eddie Burkhalter
eburkhalter@annistonstar.com

Jul 28, 2013

When Quintoya Seawright’s 3-year-old daughter, Destiny, chipped a baby tooth in November 2010, the young mother took her to the Small Smiles clinic in Montgomery. Quintoya, 25, would end up taking her daughter to the clinic four times that month.


On the last visit on Nov. 9, her daughter was strapped to a board for an hour while the dentist struggled to place two stainless steel caps on baby teeth while her daughter screamed and struggled, saying she could still feel it, the family said.
But without much money, the young mother had to rely on Medicaid to pay for her daughter’s care. Small Smiles specializes in treating children eligible for Medicaid. The company operates another clinic in Dothan.


The large dental chain is owned by a private equity firm and is managed by Nashville-based CSHM LLC. A report released by the U.S. Senate Finance Committee last week claims Small Smiles and clinics like it are motivated by profit, often performing unnecessary procedures, and should be removed from the Medicaid program.

The report also says the clinics are operating in violation of laws in 22 states, including Alabama, that ban anyone other than a licensed dentist from owning a practice. The report states that CSHM actually owns and operates the clinics, and not the “owner” dentists the company enlists to skirt to get around those state laws.

Quintoya said she was never allowed to go back with her daughter to watch the procedures at Small Smiles, but the 3-year-old girl’s grandmother, Sophia, demanded she be allowed on the girl’s last trip.


Destiny began pulling at her mouth, so workers strapped her arms and legs to the board, then the dentist struggled for an hour to place the two caps on the tiny baby teeth while Destiny “kept saying she still felt it. He said, ‘No. She’s numb. It’s just the noise,’” said Sophia.


“Her heart was just beating so fast,” Sophia said. “The lady was holding her head down and was trying to get her to open her mouth by squeezing her nose.”
Destiny had a total of five stainless steel caps placed on baby teeth over four visits. One cap fell out along with the tooth a couple weeks later. Quintoya said she never heard the dentist say her daughter had cavities in those teeth, but he said the caps would help prevent them from forming.


“I’m not sure if it was a necessity to have all those silver things in her mouth,” Sophia said.

Read more: Anniston Star - Corporate dentistry criticized for unethical practices unnecessary procedures

Thursday, July 25, 2013

Anniston Star reports on Small Smiles and Aspen Dental Operating in Alabama

Don’t miss this is an in-depth report. Mr. Burkhalter asks some hard questions, the answers didn’t surprise me.  Standard responses expected. 
“We didn’t do it” 
“We didn’t know it” 
“It’s not our problem”

Alabama dental clinics operating illegally, Senate report says

by Eddie Burkhalter
eburkhalter@annistonstar.com

07.25.13 - 08:04 am

Anniston Star Alabama Report July 24, 2013Several Alabama dental clinics are operating in violation of state law, and are putting profits before patient care, according to a report released this week by the U.S. Senate Finance Committee.


Those clinics are performing unnecessary procedures to pay the corporate investors that own the clinics, the report states. The report recommends that state and federal agencies end that practice by enforcing existing laws.
The 1,500-page report, put out by Sens. Charles Grassley, R-Iowa, and Max Baucus, D-Mont., marks the end of a two-year investigation into the practice of corporate dentistry by the staff of the Senate’s Committee on Finance.


Among the companies investigated was Aspen Dental, a nationwide chain of dental clinics that is opening an office in Oxford this year.
Small Smiles dental clinic — one of the largest dental chains in the U.S. — operates clinics in Dothan and Montgomery, and is the center of much of the Senate investigation and report.


According to the report, Small Smiles, managed by Nashville-based Church Street Health Management, skirts laws in states — including Alabama’s Dental Practice Act — that ban dental clinics from being owned by anyone other than a licensed dentist.


The company does that by entering into contracts with “owner” dentists licensed in the state in which the clinic operates, according to the report. CSHM claims to only manage the clinics, the report’s authors write.


But the company retains control of daily operation, according to the report, from hiring, firing and training staff to controlling the bank account and setting production goals that require dentists to treat large numbers of mostly low-income children eligible for Medicaid.

Read the rest of this in-depth report here.  Don’t forget to make your comments.

http://annistonstar.com/view/full_story/23212853/article-Alabama-dental-clinics-operating-illegally--Senate-report-says?instance=top_center_featured

WTAE Pittsburgh Reports on Senate Investigation of Small Smiles Dental Clinics and Reachout Healthcare America

Senate report says Small Smiles dental clinics wasting taxpayer money
Report: No more Medicaid for Small Smiles

Jul 24, 2013

WTAE Logo

PITTSBURGH —A blistering report says taxpayer dollars are being wasted at a national chain of dental clinics, including one in Pittsburgh

The Senate began its probe following a Channel 4 Action News investigation into the Small Smiles dental clinic.

The clinics have been accused of performing unnecessary procedures on children to get more taxpayer money from Medicaid.

In its report, the Senate Finance Committee says that is still going on and so Small Smiles should not get more money from Medicaid.

None of the families interviewed outside the Small Smiles clinic in East Liberty were aware of the Senate report.

After learning of the report, the Bagley family had second thoughts about the surgery being planned for 5-year-old Christopher.

 

Read more and see video report, along with other investigations of Small Smiles by WATE  here: http://www.wtae.com/news/local/investigations/senate-report-says-small-smiles-dental-clinics-wasting-taxpayer-money/-/12023024/21150480/-/n6efhkz/-/index.html#ixzz2a4MbwQOF

Wednesday, July 24, 2013

Another WFAA – Byron Harris report on All Smiles Dental Centers and Dr. Richard Malouf

July 23, 2013

by BYRON HARRIS

Bio | Email

WFAA

Posted on July 23, 2013 at 10:10 PM

Updated today at 2:46 AM

DALLAS –– An unprecedented release of documents by the Dallas County District Attorney’s office tracks the investigation of All Smiles Dental Centers (ASDC) for eight years and illustrates how local, state and federal officials responded to information and complaints about the clinics.

Dr. Richard Malouf and his wife Leann displayed the trappings of wealth as owners of ASDC,  as their clinics treated children under the Texas Medicaid dental program. D Magazine named their mansion as one of the city’s 40 largest. A private water park and pair of corporate jets were theirs to enjoy as well. 

News 8 obtained hundreds of pages of documents in the investigation of Malouf and his former company, All Smiles Dental Centers, under the Texas Public Information Act.

Read the entire story at WFAA Website Here

Tuesday, July 23, 2013

Senators’ Report Reveals Oxon Hill Maryland Small Smiles As Bad Today As It Was In The Beginning.

Despite signing a Corporate Integrity Agreement with the US Government in 2010 Small Smiles Dental Centers continue with their fraud and abuse of children as reported in The Joint Staff Report On The Corporate Practice of Dentistry In The Medicaid Program issued by Committee on Finance United States Senate, Max Bacus,Chairman and Committee On The Judiciary United States Senate, Chuck Grassley, Ranking Member, July 2013.

(Despite the 1,500 pages in the report only pages 1-33 (5-37 of the pdf file) are the findings and recommendations, the rest are exhibits

Oxon Hill Maryland

Oxon Hill, Maryland was one of the dental centers reported on in 2007 which brought Small Smiles Dental Centers to the public’s attention.  It’s been 6 years and appears nothing has changed much.  Here is just some of what the Joint Senate report says about the Oxon Hill Small Smiles Clinic:

Senators Max Baucus and Chuck Grassley issue 1,500 page joint report calling for corporate Medicaid dental clinics to be ousted from the program

Today, Senators Baucus and Grassley issued a 1,500 – 1517 pages to be exact — page report on claims I’ve been making here on Dentist The Menace for nearly 6 years. The report includes 66 exhibits.
Center for Public IntegrityThe story accompanying the release of the Joint Staff Report On The Corporate Practice of Dentistry In The Medicaid Program can be found at The Center for Public Integrity, here.  In David Heath’s story, he reports the new owners Small Smiles Dental Centers state the following:
only five of the 20 inspection reports mentioned in the Senate report fell under its watch.”
and
…"We've taken action to help CSHM improve its quality of care and management,"
and
…“The new team immediately initiated an aggressive turnaround effort premised on patient care, clinical excellence and regulatory compliance,” the company said.
Well, that’s nothing to be crowing about, since the “new management”  only legally acquired the company 13 months ago putting a guy by the name of David R. Wilson in charge. That was in June of 2012, (13 months ago) so 1/4 of the inspections mentioned in Bacus/Grassley report took place under their watch. This is not a good record in my opinion — heck it’s as bad if not worse than the Michael Lindley/Al Smith or DeRose Family regimes.  Nor it does it demonstrate anything close to “an aggressive turnaround effort on patient care”.  What it does demonstrate, however, is “business as usual”. 
CPI also reports twice last year the OIG threatened to shut Small Smiles out of the Medicaid program.
“Twice last year the HHS inspector general threatened to exclude Small Smiles from the Medicaid program. But in a letter to Grassley and Baucus, Inspector General Daniel R. Levinson said Small Smiles fixed the problems by selling the Manassas clinic, paying a $100,000 penalty and addressing other concerns.”
Kids and Family Dentistry - Manassas LogoNow, did CSHM actually “sell” the Manassas, Virginia clinic?  That is highly suspect!  A guy out of Idaho left his own practice and moved his entire family to Virginia and slapped his name on the place, calling it Kids and Family DentistryFamily and Kids Dentistry - Pueblo LogoCoincidently, at the exact same time, the Small Smiles flagship clinic in Pueblo, Colorado changed it’s name to Family and Kids Dentistry, making the “owner” the same guy who was  the lead dentist working for Small Smiles at the time.  (Logos have a odd resemblance about them, don’t they?)  Anyone taking bets on whether the DeRose family — founders of Small Smiles —are somehow still involved with these two clinics?
As for the $100,000 penalty, that didn’t even cover 1/2 of the amount scammed in the x-ray scam in just one Colorado Small Smiles.  What would add insult to injury is it was probably on a payment plan, like the $24 million settlement in 2010.
The Bacus/Grassley report includes independent monitor reports on Small Smiles Phoenix, Arizona, Manassas, Virginia, Oxon Hill, Maryland and Youngstown, Ohio and others.  Small Smiles signed a Corporate Integrity Agreement with OIG in January 2010 agreeing to 63 pages of terms and conditions, including self-reporting.  Of course the “independent monitor” can only report on what they find.  But what about what they don’t find? 
I’ve not come close to reading the entire report just yet, but so far I’ve not read anything about the $200K x-ray scam in one of Colorado clinic that was NEVER self-reported, or the fact that a corporate staffer took the necessary Continuing Education courses to get the lead dentist in Mishawaka, Indiana credentialed in Indiana, making her effectively non-licensed to practice in Indiana to this very day or a host of other illegal activities going on behind the closed doors at Small Smiles Dental Centers and Church Street Health Management (CSHM). I doubt I find these things in the report, but you can find them here if you look.
It’s scary to think state dental boards and state Medicaid programs have not only turned a blind eye to the child abuse, but promoted and encouraged it.  Those of us following this industry also know this is just the tip of the iceberg. 
More on this eye opening report in the coming days.  In the meantime, I encourage everyone to read The Joint Staff Report On The Corporate Practice of Dentistry In The Medicaid Program and evidence attached by clicking here .

Friday, July 19, 2013

So a man poses as a dentist, corporations do it, so why not?

Unlicensed Boca Raton dentist claims 6,000 patients, deputies say

ssA dentist who isn't licensed in Florida told an undercover sheriff's deputy that his underground Boca Raton practice has 6,000 patients, deputies said.
Ubaldo Bittencourt, 62, only sees fellow Brazilians who speak Portuguese, according to a Palm Beach County Sheriff's Office arrest report.
As a rule, the "very cautious" Bittencourt, a dentist in his native Brazil, doesn't answer his phone, preferring instead to return voice mails within 24 hours.
So when an undercover deputy called him on May 29 as part of an investigation, leaving a message in Portuguese, the unlicensed dentist called back, deputies said.
On Thursday, the dentist was arrested, his capture the culmination of a probe that began when the Sheriff's Office received a complaint about him on March 1.
Read the rest with video here




Thursday, July 18, 2013

WARNING to all crooked dentists - 29 patients receive $35 million dollar award for unnecessary root canals–Read it and weep!

 

$35 million awarded to 29 Seattle-area patients for root canals

SEATTLE — More than two dozen patients of a former Seattle-area dentist accused of performing hundreds of unnecessary root canals have been awarded $35 million in an arbitration proceeding.
Former King County Superior Court Judge Paris Kallas issued that award Wednesday.

The judge found that Henri Duyzend was negligent, failed to obtain informed consent from patients, committed fraud and violated the Washington Consumer Protection Act, The Seattle Times reported.
A sworn affidavit from Dr. David To said Duyzend performed nearly 2,200 root canals on about 500 patients in the five years before he retired in 2007. To purchased Duyzend’s practice and says a typical patient has fewer than two root canals.

State Health Department spokesman Donn Moyer said his agency has received 76 complaints about the man.

Duyzend started practicing dentistry in Shoreline, north of Seattle, in 1977, the Health Department said.

Moyer said the man surrendered his license in 2010 after negotiations, agreeing to never practice dentistry in the state again.

Both The Times and KING-TV said calls for comment to Duyzend and his lawyer were not returned. An Associated Press call to his home was not returned Wednesday night. Court documents show that in 2012 he denied any wrongdoing.

KING reports that more than 200 patients filed malpractice claims against the dentist but the arbitration award benefits a smaller group of 29 who declined to settle their claims.
Construction worker Dan O’Neal had 20 root canals; he was awarded more than $2 million, KING reported.

Laurel Stuart told The Times she was Duyzend’s patient from the early days of his practice.
“We thought he was fabulous,” she said Wednesday, adding he made patients feel comfortable.
She said she started questioning his work about 15 years ago because “of all the root canals.” She had four, plus “lots of crowns” and said she had to go to a specialist to have implants when she lost four teeth.

Seattle dentist Dr. Fred Quarnstrom looked at records of Duyzend’s former patients and sat in on testimony earlier this month.

He told The Times that root canals are not uncommon, but a patient with four root canals is unusual.
--The Associated Press















Saturday, July 06, 2013

CSHM’s Small Smiles Dental Centers Up to Same Old Crap

No, this is not big surprise; it’s been around 18 years. This business has been hanging on since 1995 when Eddie DeRose, Michael DeRose, Adolph Padula and John Parrish open its second dental clinic in Colorado.  Then came the first phase expansion with the creation of DeRose Management in 1998, operation Children’s Medicaid Dental Centers in Colorado and New Mexico.  Becoming so highly lucrative in the business of abusing children and defrauding Medicaid under the guise of providing dental care to the “underserved”, FORBA was formed by the “family” and expansion across the country began.  In 2006 the “family” found a group of idiots, including a Bahraini banker, to buy it for $435 million dollars.  In 2012, this group filed bankruptcy after 10 years of reports of child abuse and fraud finally caught the attention of Health and Human Services and they were investigated and fined $10 million.  The first reports were around 2003.

Lately, I’ve received two emails from people who CSHM have tried to recruit. As you can see emails dentists have shared nothing has changed.


From: Scott Shue [mailto:sshue@cshm.com]
Sent: 
To: 
Subject: Lead Dentist Opening

Employment with guaranteed base salary and monthly bonus.  Benefits include medical, dental, vision, disability, etc.  Malpractice is covered.  We offer 2 days of CME and 401k with 5% match and a 4-year vesting schedule.  General dentistry with an emphasis on pediatrics.  Salary range of $150,000 to $180,000 for the Lead position.  Efficiency-based model utilizing DA’s with expanded functions, office manager and clinical coordinator.  The requirements for the Lead Dentist position is to establish conformity, a congenial work environment, development of other Associates, etc.

…Salary is determined by experience, clinical expertise and interview/leadership skill which would be part of a discovery effort throughout the interview process.  Monthly bonuses are a % of the location’s net profit.  Basically, the pool is 35% of the total profit would be split between the dentists.  The Lead would then get an additional 10% and the Owners get an additional 5% for each location.  We do not have production “quotas”, just daily/monthly expectations

Scott M. Shue | Recruiter | CSHM LLC |
618 Church Street, Suite 520
Nashville, TN 37219
C: 770.855.1877 | O: 615.750.0342 | F: 615.986.1705
email: sshue@cshm.com

cshm

 

 


FYI – Dr. Jodi Kuhn, DDS the scam owner dentist for Small Smiles Dental Centers has now worked her way up to being called “owner of at least 11 clinics.  Five in Colorado, Five in Ohio and 1 in Kentucky. 

There are two types of management companies and below is a comprehensive comparison of the two.

Corporate DMSO

Dental Consultants and Managers

View Dentistry As A Business

View Dentistry As A Medical Profession

Employ The Dentist and Staff

Are Employed by The Dentist Who Owns The Practice

Own The Dental Offices

Manage Dental Offices As Needed by The Dentist

Are Backed By Wall Street Investors

Recommend Funding Solutions

Award Themselves with Dentist’s Earnings By Sweeping The Practice’s Bank Account

Invoice Dentist Practice and Take Payment Only For Services Rendered

Focus On Production Per Patient Agenda

Focus on Assisting Dentist With Quality Non-Medical Service.

Exploit Dentists’ Lack of Business Training

Teach, Mentor, and Assist Dentists With Business Needs

Have Fiduciary Duty To Financiers And Shareholders

Have Fiduciary Duty to the Dentist Who Hired Them

Convince Dentists They Don’t Need To Get Involved With Back-Office Operations

Encourage Dentists To Be Involved In All Management Decisions Of The Practice

Retreat and Hang Dentists Out To Dry In Times Of Trouble

Support Dentists And Offer Guidance Through Any Problem

Deploy Corporate Employed Office Managers To Reinforce Who’s In Control

Respect They Are Employed By The Dentists.

Understand High Profit Business Models

Understand Business Solutions For Dentists

Have an Master of Business Administration Degree

Have a Doctor of Dentistry Degree

Violate State Laws i.e. Dental Practice Acts To Hide True Ownership

Do Not Violate Laws When They Own A Dental Practice

Best Financial Gain Strategy With The Patient-Doctor Relationship

Do Not Come Between The Patient and The Doctor When Determining Treatment Options

View Dentists As Assembly Line Workers

Understand Dentists Are Medical Professionals Delivering Medical Care

Follow An Assembly Line Cookie-Cutter Business Models In Each Clinic

Provide Á la Carte Custom Services Per Owner Dentist Request

Set Quotas, Reward Top Producers With Bonuses and Dispose Of Non-Producers

Recommend Office Policies for Long Term Sustainability

Choose Suppliers And Vendors Offering Sub-Standard Materials

Recommend Trusted Suppliers and Vendors

Goal To Increase Profits Simply For Future Sale of Company

Goal To Promote Mom and Pop Practices

Control Every Aspect Of The Profession From Appointment To Patient Treatment Options

Provide Non-Medical Business Support Never Interfering With The Doctor Patient Relationship

Here is an example of a legitimate contract with a management service company looks like.

North Caroline DSO Management Services Agreement

Saturday, June 29, 2013

77 patients of W. Scott Harrington, DDS test positive for Hep C, 5 for Hep B and 4 for HIV

Public Health Investigation of Tulsa Dental Practice OKgovof W. Scott Harrington

Patient Information Hotline 918-595-4500

Speak directly to a public health representative weekdays from 8 a.m. to 5 p.m.
Contact information for all county health departments: http://chds.health.ok.gov

TULSA, OK – [June 27, 2013] – 

Tomorrow is the final day for former patients of W. Scott Harrington’s dental surgical practice to receive free testing for hepatitis B, hepatitis C and HIV infection, the Tulsa Health Department and Oklahoma State Department of Health announced today. Although free screening clinics will conclude tomorrow, the epidemiological investigation continues.

On March 28, public health officials advised they were notifying current and former patients of W. Scott Harrington, DDS. that they may have been exposed to blood-borne viruses at Harrington’s Tulsa and Owasso offices. Health officials recommended these patients have their blood drawn for testing for hepatitis B, hepatitis C and HIV infection at free screening clinics established at the Tulsa Health Department, Oklahoma City-County Health Department and other county health departments in the state.

To date, 3,991 people have visited county health departments throughout the state to have their blood drawn for testing. An unknown number of persons have sought testing through their private health care provider. The Oklahoma State Department of Health’s Public Health Laboratory has completed testing for 4,087 persons as of 5:00 p.m. Wednesday. The discrepancy is due to the lab also testing people from other states, private physicians and local county health departments.

Today the Oklahoma State Department of Health and Tulsa Health Department report one additional HIV positive result and three additional hepatitis C positive results since the last situation update. Therefore, 77 patients have tested positive for hepatitis C, five for hepatitis B and four for HIV.

Those persons whose tests are positive are being personally contacted and counseled about information specific to the disease for which the test was positive, and they will be directed to resources for appropriate care and follow up. If warranted, testing will be recommended for a spouse or partner. Patients with negative test results who had dental procedures in the Harrington clinic between Sept. 20, 2012, and March 20, 2013, have been advised to return for follow-up testing at least six months past the last dental clinic date at the Harrington practice. Those patients will still receive follow-up testing at no cost. Screenings will be provided Monday-Thursdays by appointment only.

This is the last weekly situation update issued by the Tulsa Health Department and Oklahoma State Department of Health regarding this investigation. Subsequent media releases related to the public health response to the infection control practices of the Dr. W. Scott Harrington dental surgical practice will be issued as needed and at the conclusion of the epidemiological investigation.

Thursday, June 27, 2013

Antoine Dental Centers Creditable Allegation of Fraud (CAF) Hearing

If you haven’t read part 1 of “Ho” Down in Texas I suggest you do so before continuing. Read it here

The group calling themselves Texas Dentists for Medicaid Reform posted only two cherry picked depositions on their website in relation to the Antoine Dental Centers State Office of Administrative Hearings(SOAH).  TDMR again portraying the fraudsters as victims, just like they tried to do with Harlington Dental.  Posted on the TDMR website were Dr. Larry Tadlock’s deposition and Jack Stick’s deposition.  Dr. Tadlock was the expert witness for the state.  Mr. Stick is the Director of Enforcement at OIG. You can catch up on TDMR here.

I guess TDMR didn’t want people to read the actual hearing transcripts, and I can certainly understand why.

 

Texas cracking down on unnecessary dental treatment

FrotnlineTexas Law Cracks Down on Unnecessary Dental Treatments

June 27, 2013, 11:55 am ET by David Heath Center for Public Integrity

A new Texas law will give regulators more power to crack down on dentists performing unnecessary treatments, especially on children.

A spokesman for the bill’s author — Republican State Rep. Lois W. Kolkhorst of Brenham, Texas — said the law came about largely because of a joint investigation by the Center for Public Integrity and PBS Frontline. The investigation revealed a pattern of questionable practices by Kool Smiles, a chain focused on Medicaid-provided dental care for children. The spokesman also credited independent reporting by Dallas station WFAA-TV on Medicaid fraud.

The joint investigation by the Center and FRONTLINE, titled Dollars and Dentists, quoted former employees who alleged that dentists at Kool Smiles were encouraged by company production standards to put more expensive stainless-steel crowns, rather than fillings, on cavities in baby teeth. Kool Smiles denies those allegations.

“As a mother of two children, I was shocked to learn that in 2010 there were estimated to be over 15,000 Texas children who were given inappropriate dental care, including braces on baby teeth,” Kolkhorst said in a statement.

Kolkhorst said only one dentist has had his license revoked for Medicaid fraud or patient complaints in the past two years. “That’s just not acceptable,” she added.

The law beefs up the ability of the state dental board to investigate complaints. It also gives parents the right to be in the room with their children while they are at the dentist.

In addition, dentists working for corporate dental chains are required to report information about the chains to the dental board. Currently, the state maintains no information about dental chains.

Gov. Rick Perry signed the bill last week. It takes effect on Jan. 1.

Watch Dollars for Dentists

Wednesday, June 26, 2013

Dental crisis continues according to Pew

Fantastic!(sarcasm) yet another Pew report.  This time they are attempting to divert their support from Medicaid corporate dental fraudsters to Midlevel Dental Providers (MLP), but none the less, there is still a crisis!  Funny thing about this, these MLP’s are mostly employed by corporate dental fraudsters too.

Pew Report

Thursday, June 13, 2013

Menace to Society–Dr. Thomas Floyd–finally stripped of dental license, but should be UNDER a jail!

Posted: 06/12/2013

WEST PALM BEACH, Fla. - Former West Palm Beach children's dentist Thomas Floyd has pleaded guilty to charges that he abused a 4-year-old boy he was treating in his office. Floyd was arrested last September by the West Palm Beach Police Department.

Thomas FloydFloyd has agreed to relinquish his dentist license in Florida and will not practice dentistry anywhere in the United States. The agreement calls for 150 hours of community service. The state also agreed not to pursue additional charges against Floyd from any other known victims from his former dental practice.

The case was investigated by the Department of Health which indicated that were numerous incidents of child abuse over the past two years.

According to the investigation released by the Department of Health, “Floyd’s behavioral control methods with his patients fall well below acceptable standards of practice in treating pediatric patients.”

A patient claimed Floyd punched a 4-year-old boy during a routine dental procedure. The child suffered swelling, abrasions, and bruises on his lips, according to West Palm Beach police.

A witness stated after the boy bit the doctor, Floyd used a drill and the palm of his hand to force a dental instrument into the child’s mouth, causing the injuries.

The Health Department received an anonymous complaint stating Floyd abused children in his office “by putting his hand over their mouths and calling them names.”

On another occasion, Floyd reportedly prevented a child from screaming by stuffing a dental bib into the child’s mouth, the Health Department report stated.

Read more: http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/thomas-floyd-plea-agreement-in-dentistry-child-abuse-case#ixzz2W92SQ8SB

Friday, June 07, 2013

Shifting Income is Shifty Business

Found this and thought it should be preserved and shared. Sounds like ole Dr. Elick tried a little DSO maneuvering.

Peter J Reilly, Contributor

imageDental Management Company Did Not Do Any Managing

6/07/2013

Many accountants have a touching faith in double entry.  They think that you can move income from one related entity to another with magical journal entries.  Management fees are among the favorites.  That type of magical thinking was probably behind the unfortunate result in the recent Tax Court decision in the case of Wiley and Sharon Elick and Wiley M. Elick, DDS Inc.   Doctor Elick practiced pediatric dentistry, which can be pretty lucrative. It takes a certain flair to keep the kids happy. Doctor Elick was also involved in a center called SurgiTek.

Let’s Have An ESOP

An ESOP (employee stock ownership plan) can yield all sorts of nifty benefits, significant income deferral being among them.  We can’t tell from the case the exact benefits Dr. Elick hoped to reap from an ESOP, but there must have been something.  It is not mentioned in the case, but there was a legal problem to overcome.  Professional corporations generally can only have licensed professionals of that particular profession as shareholders.  ESOPs are neat vehicles, but you can’t teach them how to do fillings, so they can’t be shareholders in dental professional corporations.

The solution was to form a dental management company:

A professional advised Dr. Elick to establish a company to manage petitioner’s operations. A stock ownership plan benefiting petitioner’s employees would purchase the company stock from Dr. Elick. The fees generated by management services would fund the employee benefit plan.

Thursday, June 06, 2013

Dr. Gary Anusavice, DDS pleads guilty in CT–Should have been jailed and key disposed of years ago.

Ex-dentist pleads guilty in $20M Medicaid scam

Dr. BicuspidBy DrBicuspid Staff

June 5, 2013 -- A former Rhode Island dentist who lost his license in the state and in Massachusetts over charges of Medicaid fraud has pleaded guilty to healthcare fraud and tax evasion in Connecticut in connection with a $20 million Medicaid fraud scheme.

Gary Anusavice, also known as Gary Andrews, Gary Andrus, and Gary Francis, of North Kingstown, RI, pleaded guilty June 3 before U.S. Magistrate Judge William Garfinkel in Bridgeport, CT.

According to court documents, in July 1997, Anusavice was convicted in Massachusetts state court for submitting false healthcare claims in relation to his involvement in dental clinics. He subsequently surrendered his dentistry licenses in Massachusetts and Rhode Island for five years.

After additional investigations, in 2005 Anusavice surrendered his right to practice dentistry in Rhode Island for 18 months, and the Massachusetts Board of Registration in Dentistry permanently revoked Anusavice's license to practice dentistry in Massachusetts in 2006. As of May 1998, Anusavice has been excluded from participating in Medicare and state healthcare programs, including Medicaid…

Continue reading at Dr. Bicuspid

RELATED

Dr. Gary Anusavice – Select Dental Woes May 2008 

The Secret Service is investigating a disgraced dentist and at least two of his business associates in connection with the abrupt closure of Select Dental in Howard Beach in November, the Daily News has learned.

The dental practice, known for its once-ubiquitous ads on cable TV, allegedly targeted clients without insurance and financed their dental work with medical credit cards.

Customers were apparently billed for exorbitant fees - as much as $25,000, all up front - for poor and incomplete dental work. Then the company skipped town.

Read more: http://www.nydailynews.com/new-york/queens/secret-service-probing-select-dental-article-1.326333#ixzz2VSzsQsye

Dr. Gary Anusavice – Rosewood Dental Woes October 2007

"I have no teeth back here," Harrison said. "And I'm out $12,000."  CBS 2 has obtained records showing the man apparently behind the operation had his dental license suspended and later revoked in other states.

His name is Gary Anusavice. Charges with licensing agencies in Massachusetts and Rhode Island included providing unwanted dental services, credit card fraud, bait and switch, and billing patients for services not delivered.

Vincent O'Neill, Rosewood’s district manager,  told CBS 2 that Anusavice hired him to open the clinics in Illinois saying, "He's the man, the man behind it all."

Continue reading at NowPublic.com: Dental Clinic Left Patients Toothless And In Debt | NowPublic Photo Archives http://www.nowpublic.com/health/dental-clinic-left-patients-toothless-and-debt-1#ixzz2VSzJ0kUT

Monday, June 03, 2013

“Ho” Down in Texas – James W. Orr, DDS Testifies for Antoine Dental Center

Background
Free BracesWho can forget the reports by WFAA’s Bryon Harris, which spurred investigations in to orthodontic Medicaid Fraud by the State of Texas?
In the fall of 2011 and continuing today, The Texas Health and Human Services Commission (HHSC) Inspector General put Credible Allegation of Fraud (CAF) payment holds on a covey of dental clinics; some general dentistry and some orthodontic clinics.  

Deciding not to take this sitting down, a few of these highly suspect dentists decided to take it to court; appealing to the State Office of Administrative Hearings (SOAH).

Dr. Juan Villarreal, owner of Harlingen Family Dentistry, a Scientologist  and a former  member of Texas State Board of Dental Examiners (TSBDE) appealed the HHSC decision for his CAF payment hold.  In a ruling by the SOAH in October of 2012, Villarreal/Harlingen Family Dental’s payment hold was reduced from 40% to down to 4%.  The ruling for Harlingen was further upheld by an HHSC Administrative judge in January of this year (2013).  Villarreal also heads up Texas Dentists for Medicaid Fraud Reform (TDMR). 

The judge’s ruling in the Villarreal case, by the most part, was based on the testimony of one Dr. James W. Orr.  This favorable ruling no doubt was the impetus to others, like Antoine Dental Centers and M & M Orthodontics in appealing their CAF payment holds. 

One last thing, before we move on — WHAT is the HDL scoring index? Well, it is much like scoring some jurisdiction do to determine if one gets bail or not. A point for this, a point for that and if it totals up to be high enough, bam! You’re outta there. For orthodontics (braces and other appliances) children over age 12 AND have lost all their baby teeth can received services if their HDL score is 26 or higher. Like anything else there are exceptions, but this is the simple explanation.

Antoine Dental Center-Dr. Behzad Nazari
First up, for this series, is Dr. Behzad Nazari and Antoine Dental Center (ADC) vs. Texas Health and Human Services (THHSC) (SOAH docket no. 529-0997).  ADC was represented by Jose A. (Tony) Canales and Oscar X. Garcia. Robert (Bob) M. Anderton.  Many of these clinic suspected of fraud have hired dentist/attorney, Dr. Robert (Bob) Anderton, former American Dental Association president.

Dr. Behzad Nazari/Antoine Dental Center has been under a 100% (that is HUGE) CAF pay hold since March 28, 2012 totaling over $550,000.  On March 29, 2012 the Texas Attorney General’s Medicaid Control Fraud Unit (MCFU) opened an investigation into ADC.