October 2018

Dentists Smiling as $80 Million Settlement Reached in Dental Supply Price-Fixing Class Action Suit

By |2024-03-14T10:00:22-04:00October 1, 2018|Board of Dentistry, Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Dentists|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On August 30, 2018, after two years of litigation, a group of dentists tentatively reached an $80 million settlement in a proposed class action accusing the country’s biggest dental supply companies of colluding to fix prices. The three dominant distributors, Henry Schein Inc., Patterson Cos. Inc. and Benco Dental Supply Co. Inc., allegedly artificially inflated prices on crowns, numbing agents, X-ray accessories and other products.

Artificially Inflating Prices.

In 2016, the three distributors were accused of artificially inflating prices on various dental supplies and equipment. Products at issue included supplies such as adhesives, implants, tooth brushes, pins and […]

September 2018

NYC Doctor Gets Prison Term for Posing as Clinic Owner in $30 Million Fraud Scheme

By |2024-03-14T10:00:22-04:00September 7, 2018|Board of Dentistry, Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Dentists|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On August 22, 2018, a doctor received a sentence of one year and a day in prison from a New York federal court for his part in a $30 million scheme to defraud Medicare and the state Medicaid program. The doctor admitted to posing as the owner of a medical clinic and falsely claiming to have seen hundreds of patients. He pled guilty on January 11, 2018, to health care fraud and conspiracy to commit health care fraud, mail fraud and wire fraud, the U.S. Attorney’s Office said.

Lies and Cover-ups.

The New York City doctor accepted responsibility […]

May 2018

Florida Law Prohibits Control of a Dental Practice by a Nondentist

By |2024-03-14T10:01:07-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law|

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Florida has long been a state that does not prohibit the corporate practice of medicine, unlike many other states. However, it does prohibit the corporate practice of dentistry.  The key provision in Florida law that establishes this is Section 466.028, Florida Statutes, but the Florida Board of Dentistry has also adopted administrative rules on this topic, as well.

What this means is that any corporation (or other type of business entity) that owns or operates a dental practice, under Florida law, must be one solely owned by and controlled by dentists. In this […]

Florida Board of Dentistry Warns About Responding to or Consulting with Individuals Over Internet About Dental Issues

By |2024-03-14T10:01:08-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law, Dentists|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At the Florida Board of Dentistry meeting held on November 15, 2013, one of the committee chairs discussed an issue that has arisen nationally that is causing dentists legal problems. The issue arises when individuals contact a dentist over the internet seeking “information” on a dental condition or problem, and possible treatment or procedures that can resolve these issues.

The concern is that the dentist may actually be diagnosing a dental condition or problem the individual has. The bigger concern arises if the individual contacting the dentist is in a different state from the one in […]

Dangerous Dentistry: What One Connecticut Dentist Did That Got His License Suspended

By |2024-03-14T10:01:09-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists, Emergency Suspension Order, ESO, Licensure matters|

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Connecticut officials have suspended the license of an Enfield, Connecticut, dentist after a patient apparently died in the dentist’s chair on February 17, 2014. In a single visit the dentist allegedly attempted to extract 20 teeth from a 64-year-old woman who had prior health issues on record. One of the dental assistants reportedly begged for the procedure to be cut short after the patient began gurgling and lost consciousness. CPR was performed on the unresponsive patient before she was transported to a local hospital where she was […]

Board of Dentistry Considers Adding Failure to Provide Dental Records to “Citation” Offenses

By |2024-03-14T10:01:10-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At the Florida Board of Dentistry meeting held on November 21, 2014, it discussed a proposed change to Rule 64B5-13.0046, Florida Administrative Code. The amendment would add a provision for failing to timely produce dental records to patients. This addition should help dentists avoid receiving permanent discipline on their records for a minor technical violation.

Considered was the addition of the following language to the existing Rule, listing citation-approved offenses:

Violation of subsection 466.028(1)(n), F.S., failure to timely make available to a patient or client, or to his legal representative or to the Department, […]

The Lone Star State’s New Task Force to Take a Bite Out of Medicaid Dental Fraud

By |2024-03-14T10:01:43-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentists|

Headshot of attorney George IndestGeorge F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

There’s a new task force riding into Texas. According to The Texas Tribune, the Texas Attorney General’s (AG) Office and the Office of Inspector General (OIG) at the Health and Human Services Commission (HHSC) have teamed up to increase investigations of fraud in the state’s Medicaid dental program for children. The article, published on October 10, 2012, states the creation of the Medicaid and orthodontic task force was created in response to a significant increase in fraud by Medicaid providers.

To read the full article from The Texas Tribune, click here.

Everything is Bigger […]

Dentists Must Be Certain to Maintain Continuing Education Requirements

By |2024-03-14T10:01:43-04:00May 15, 2018|Board of Dentistry, Dentists, Licensure matters|

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Those who are licensed by the Department of Health (DOH) must be sure they are maintaining their continuing education requirements by taking the required courses in a timely manner. We have attended at least one professional board meeting recently where there was concern expressed about licensees failing to meet their continuing education requirements. One estimate was that approximately sixty percent (60%) were deficient in one profession.

Failing to obtain the required courses during the time period set forth by statute and by board regulation can result in […]

Florida Board of Dentistry Warns About Responding to or Consulting with Individuals Over Internet About Dental Issues

By |2024-03-14T10:01:43-04:00May 15, 2018|Board of Dentistry, Dentist Defense attorney, Dentists, Insurance, Licensure matters|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At the Florida Board of Dentistry meeting held on November 15, 2013, one of the committee chairs discussed an issue that has arisen nationally that is causing dentists legal problems. The issue arises when individuals contact a dentist over the internet seeking “information” on a dental condition or problem, and possible actions or procedures that can resolve these issues.

The concern with this is that the dentist may actually be diagnosing a dental condition or problem the individual has. The bigger concern is that if the individual contacting the dentist for information is in a different […]

Dentists: Call The Health Law Firm Attorneys From Representation in Short-Notice Depositions and Hearings

By |2024-03-14T10:01:44-04:00May 15, 2018|Board of Dentistry, Dentist Defense attorney, Dentists|

George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Our attorneys often receive calls from dentists and other health professionals regarding the possibility of representing them on short notice at a Board of Dentistry hearing, or at a deposition related to a health care matter.

We Take Last Minute Cases.

Some law firms may refuse to represent a client at a hearing unless given advance notice. In a perfect world, we would prefer to have a sufficient amount of time to prepare for a case in order to provide our clients with the best representation. However, we know the alternative is that the client either […]

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