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  • 11
    Dec
    2012
    7:42am, EST

    Dental chain accused of hurting kids, bilking taxpayers

    By Talesha Reynolds and Lisa Myers
    NBC News

    Visits to the dentist can be upsetting for little children, but when Autum Archuleta took her son Nathan to a Small Smiles dental clinic in February 2010, it was beyond anything she could have imagined. The dentist gave Nathan, then almost 3, three crowns, two baby root canals and six silver fillings in 25 minutes.

    While in the waiting room, Archuleta says she heard her son screaming and burst into the treatment room. She says Nathan was crying and struggling to move while being held down by three clinic employees and wrapped from his head to his feet in a stabilization device called a papoose board. She thinks he wasn't properly numbed.

    "He wasn't the same for a long time after we brought him home," Archuleta said. "He cried a lot...He wasn't my little boy. He didn't smile...The night terrors were the worst. I mean it was a lot of sleepless nights."

    A dentist who later reviewed Nathan's records said the work was shoddy and many procedures unnecessary. A dentist who saw Nathan the following year wrote that he had "severe situational trauma."

    "To me I think they did it for the money," Archuleta said of Small Smiles. "Flat-out did it for the money. Because it was Medicaid and Medicaid would pay them."

    An NBC News investigation of the performance of Small Smiles' 63 dental clinics over the last three years found repeated allegations of substandard work and unnecessary procedures which drove up the cost to taxpayers. The allegations came from anguished parents, government investigators and former employees around the country.

    Such practices violate a settlement the company reached with the Justice Department in January 2010, following allegations that it was bilking taxpayers by doing unnecessary and substandard procedures on low-income children.  

    At the time, Tony West, Assistant Attorney General for the Civil Division of the Department of Justice said, "We have zero tolerance for those who break the law to exploit children in need."

    Dr. Warren Brill, President-elect of the American Academy of Pediatric Dentistry talks about dental chains and how to make sure children receive the best care.

    The company that managed Small Smiles and affiliated clinics agreed to significantly alter its practices and subject itself to independent monitoring. It also agreed to pay $24 million, without admitting wrongdoing.

    But three years later, records show the company has not cleaned up its act.  

    "This company sees dollar signs in the eyes of every child they bring in," Senator Chuck Grassley told NBC News. Grassley has been investigating dental organizations whose primary source of revenue is Medicaid. He says Small Smiles practices assembly-line treatment, focused more on quantity than quality.

    "This whole investigation kind of leads us to two things. To a conclusion that the tax payers are being fleeced, and children are being abused." Grassley said.

    Small Smiles clinics are managed by a private corporation called CSHM, LLC, which was until June called Church Street Health Management. 

    The Department of Health and Human Services Office of the Inspector General (HHS OIG) is responsible for monitoring the clinics and rendering penalties when appropriate.

    Lisa Re, a branch chief who heads an HHS OIG team of attorneys, says CSHM is improving since it emerged from bankruptcy in June 2012 with a new CEO and leadership.

    "Recently, under new management, I would say that it is getting much better."

    But according to letters from HHS OIG to Church Street, the compliance has been inconsistent and sometimes alarming.

    In May, the office required CSHM to temporarily close a facility in Oxon Hill, Maryland to train staff on "the appropriate use of mouth props, patient stabilization practices, appropriate use and administration of anesthesia," among other things. Nine of 30 records the independent monitor reviewed "did not provide any documentation or radiographic evidence to support the medical necessity for the treatment provided. Six of those nine records showed baby root canals were performed "without medical necessity."

    The OIG required the company to divest from a location in Manassas, VA in March because of "flagrant violations." A 2011 audit at that clinic found 104 of 244 baby root canals performed by the lead dentist to be medically unnecessary. In a sample of 34 records, 20 patients were restrained and given baby root canals with insufficient anesthesia. The monitor expressed concern that the children "were resisting treatment because they were being hurt."

    In June the office fined CSHM 100,000 dollars after an audit found multiple breaches at an Ohio clinic, including treatments performed without medical necessity, incomplete or poorly done root canals, crowns places on "non-restorable" teeth and "poor techniques of administering local anesthesia." Six of seven dentists performed root canals on children that were not needed.

    Last year, the agency issued a 230,000 dollar penalty, the largest it has ever levied, for multiple failures to comply with provisions of the government agreement. Among the breaches, the company failed to meet training and education requirements.

    Still, Small Smiles continues to rake in millions in Medicaid dollars. Despite multiple threats to exclude the company from receiving federal funds, it made 150 million dollars in revenue from Medicaid in 2011.

    The HHS OIG has given Church Street multiple chances to keep the clinics in business, levying penalties against the company and threatening to exclude them from receiving federal dollars. But the threats generally come with an out — a way to repair the breaches and avoid being exclusion.

    Senator Grassley believes that cycle should come to an end.

    "The inspector general has given this group a lot of second chances. Every time they get their hand in the cookie jar. All sorts of excuses. So you get back to how long can this go on — the fleecing of the tax payers, the abuse of children? And you get back to the point that maybe it's about time for the inspector general to disqualify this company from Medicaid."

    DENTAL CARE VACUUMS CREATE LIMITED OPTIONS IN LOW-INCOME NEIGHBORHOODS

    Small Smiles treats about 500,000 children a year. Jamier Brown, 4, was one of them. His mother Jasmine brought him to Small Smiles in Dayton, Ohio at the end of 2011 because she couldn't afford her other options. 

    "I knew that his mouth needed attention. And he was complaining that his teeth were hurting, so I just couldn't wait around to see when I could get the money. I had to go as soon as I could," she said.

    Jamier received caps and fillings in most of his mouth in January.  Months later, he is still in pain.  The gum line is discolored where his front teeth we capped and Jamier says, "It hurts all the time."

    Two dentists who reviewed Jamier's records said he should have been treated by a pediatric dentist, most likely in the hospital under general anesthesia. One called the treatment on his front teeth "inadequate."

    At the time Jamier was treated, Jasmine was in Job Corps and living with her mother. She blames herself for what happened to her son. 

    "It's kinda my fault," she said as tears rolled down her face, "Because if I would have had the money, he probably wouldn't have felt any of that pain that he had to go through."

    The guilt Brown feels is common among parents who spoke with NBC News and claimed their children were hurt at Small Smiles. They all said they didn’t know where else to go.

    According to the Centers for Medicare and Medicaid Services, 31.5 million children were eligible for dental coverage through Medicaid in fiscal year 2011, but only 14.7 million children utilized a dental or oral health service.

    Four out of five dentists don't take Medicaid, some because they just don't treat children but others complain of low reimbursement rates. Dr. Warren Brill is the president elect of the American Academy of Pediatric Dentistry (AAPD). He has his own practice in Baltimore, MD and 85 percent of his patients are on Medicaid. 

    "Reimbursement rates are a large factor in terms of dentists not accepting children on Medicaid, because the fees that they get are often times lower than the cost of providing the care," he said.

    According to AAPD 70 percent of its members accept Medicaid. But only 3.5 percent of all professionally active dentists practice that specialty.   

    Nevertheless, Dr. Brill says parents of children on public insurance can find quality care.

    "It's a question of learning how to make the appointment, getting referrals from state health departments, from dental associations, from friends and relatives. Parents that find those avenues should be able to find a dentist for their children."

    DOES PROFIT MODEL PUT CHILDREN AT RISK?

    Because Medicaid reimbursement rates are lower than what dentists charge other patients, critics say to make a profit, the clinics rely on volume.

    Dr. Kianor Shah worked for Small Smiles briefly in 2011.  He says he left after witnessing disturbing practices. The dentist showed NBC News notes he took about treatments he observed during his time there. Scattered across several pages were words like "restraint brutal," "unnecessary" and "no way."

    "I observed excessive use of the papoose board and excessive use of force to restrain children as well as overtreatment for procedures that could have been done with much less invasive approach."

    Shah claims dentists were coerced into abusing children and overcharging Medicaid by the promise of bonuses and pressure from management. 

    "I was advised, quote unquote, 'The dentists eat what they kill.' That means that they're gonna get paid for as much work as they do on those Medicaid kids. And that was about the last straw for me."

    Senator Grassley's investigation involves dental management companies that are controlled by corporate investors. Many states require dentists to own the clinics but the management companies, like CSHM, effectively control the operations.

    "Our investigation has found a lot of private equity money being invested in companies that are doing everything they can in the most sophisticated way to take as much money out of Medicaid as they can. And in the process of just milking the Medicaid program, we're finding a lot of abuse of children."

    PROGRESSIVE IMPROVEMENT AT SMALL SMILES

    The Inspector General's office says the Small Smiles clinics have progressively improved, and while that improvement has been "uneven," the company is providing essential care to a vulnerable population. The agency maintains that it is better to aggressively monitor the company than to shutter it.  

    "If we had closed down Small Smiles last year, there would have been an uncontrolled shut down of this company leaving half a million kids scrambling for dental care," said Lisa Re.

    The issue is further complicated by the states, which are responsible for administering Medicaid. The OIG surveyed states about the impact of closing the clinics and got a strong reaction.

    "Some of the states were alarmed that we were even considering closing any of the clinics because they simply didn't have enough dentists to provide any care to these kids," said Re.

    The attorney said in the last couple of years the office found five clinics to have the most significant problems.

    "It's important to understand that not every clinic is providing bad care. If that were the case, this is an easy decision."

    According to an affidavit in the Church Street bankruptcy filing earlier this year, "more than 1.5 million patients have been served during the past five years, improving overall dental health and access to care in many low-income areas in the 22 states in which the Company has had a presence."

    Chris and Loretta Trujillo are grateful for the care the Small Smiles in Denver provides their children. They say it is very difficult to find dentists who take Medicaid and their children, Jordan, Jazmin and Faith, have never had a bad experience.

    "My kids have never been scared coming here," said mom Loretta. "They're excited to come."

    The Inspector General's office is taking on Small Smiles on a clinic-by-clinic basis, vigorously monitoring them and assessing penalties when appropriate.

    "We have taken targeted and aggressive action against the clinics that provided bad care while allowing the company to provide good necessary care at the other clinics," she said, adding that the clinics are showing marked improvements since a new CEO, David Wilson, came on in June.

    "The company as it operates today is simply not the same as the company that was repeatedly violating the agreement," Re insists.

    In a statement to NBC News, CSHM's Wilson wrote, "Patients are at the center of everything we do at CSHM. CSHM LLC supports our affiliated dental centers so that they can continue to provide access to quality dental care. Our dental centers serve approximately one million patient visits per year, primarily to children in communities with under-served access to dental care." 

    Following an alarming audit of the Small Smiles clinic in Youngstown, Ohio that found substandard and unnecessary care, the new management company, which had just been formed, fired nine dentists there. The Inspector General's office called that action encouraging.

    CSHM stressed its commitment to quality care. "Under the new management team, more than 50 new dentists have joined CSHM affiliated centers and the company continues to support their ongoing efforts to recruit qualified dentists."

    That is simply not enough for Jasmine Brown. "I don't want anybody else's child to have to go through what my son went through, especially being that young. That's traumatic. That's something that could follow him the rest of his life."

    Jasmine is now holding down two jobs — one as a pharmacy tech at CVS, the other as a security guard at a men and women's shelter. She says she can now afford to get Jamier the care he needs. 

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    464 comments

    The reporters completely missed the greater significance of this story. These children are being TORTURED! Where are the legal authorities, the local police and prosecutors? These sadistic doctors should be arrested and charged with criminal abuse of children.

    Show more
    Explore related topics: featured, lisa-myers, childrens-health, dental-health, talesha-reynolds
  • 4
    Nov
    2012
    3:20pm, EST

    Delphi retirees say Obama administration betrayed them

    In Ohio, a battleground state, thousands of former employees of General Motors' principal parts supplier, Delphi, blame the Obama administration for the deep cuts to their pension. NBC's Lisa Myers reports.

     

    By Talesha Reynolds and Lisa Myers, NBC News

    At first glance, David Kane, 63, appears to be solidly middle class. He has a home on a lovely suburban street in Sandusky, Ohio, and a boat docked in the nearby marina.

    But looks can be deceiving. Kane doesn’t have television or even a functioning wristwatch. He and his wife Dianne live on their boat, a 1976 Trojan Tri-Cabin in need of repair, for part of the year to save on utility costs. He does outdoor maintenance at the marina to pay for the docking fees.

    After a 35-year career at Delphi, the primary parts supplier for General Motors, Kane expected retirement to look much different. He left the company at age 54 as it was downsizing, and he was offered a buyout.


    But in 2009, Kane received word that, as part of the bailout to save General Motors, the pensions that he and 20,000 fellow Delphi salaried employees were promised would be reduced 30 to 70 percent.

    Kane lost almost half his pension and now receives only $1,600 a month. He says it has been devastating. “It’s just a beat down, day in and day out, to struggle to get through.”

    What makes it more difficult is that other Delphi workers who worked alongside Kane, members of the powerful United Auto Workers union, did not suffer the same fate. They are receiving their full pensions.

    When the government stepped in to bail out GM, providing a total of $50 billion from taxpayers, it also had to deal with Delphi, which already was in bankruptcy, because GM needed Delphi’s parts to build its cars. In the process, Delphi’s pensions were handed over to the Pension Benefit Guaranty Corporation (PBCG), a government-backed entity that insures private pensions. The PBCG terminated the pension plans, which were underfunded at the time.

    Then General Motors did something that the Government Accountability Office, Congress’ investigative arm, later called “unusual.” GM agreed to top up the pensions of 22,000 Delphi members of the United Auto Workers union – at a cost of $1 billion. That enabled the UAW workers to still get their full pensions.

    But there was no such sweetener for the company’s salaried employees or for the non-UAW hourly workers. And because the PBGC has statutory limits on how much it can pay in benefits, their payments were reduced sharply.

    “We were the group that was just kicked to the curb like yesterday’s trash,” said Bruce Gump, vice-chairman of the Delphi Salaried Employees Association.

    Now, two congressional committees and the Special Inspector General for the Troubled Asset Recovery Program (SIGTARP) are investigating the basis and motivation for this decision. Was this a political favor for a powerful union that backed President Barack Obama, as critics claim? Or was this a business decision by GM, based, according to the company, on an agreement originally negotiated in 1999 during Delphi’s spin off from the automaker? What role did the Obama administration play?

    Inspector General Christy Romero, has said she’s looking into “whether the (administration’s) auto task force pressured GM to provide additional funding for those pensions.”

    In a later agreement with the new GM, two other unions, IUE and USWA, were also topped up. Members of the Delphi Salaried Employees Association say they do not begrudge the union retirees their pensions, because they earned them. The salaried workers just want equal treatment, and they want answers from the government. 

    Retirees hard hit by ‘broken promises’
    Mary Miller, a divorced mother of four who worked at GM and Delphi for over 31 years, said the hit to her pension caused a true hardship.

    “It's a struggle every day, and every time anything breaks, it's a near disaster,” she said, adding that she hasn’t had a working dishwasher for two years.

    Miller had been counting on her full pension to help her start new career as a life coach.

    “My plan was, ‘OK, I have a pension and I have health care. And I have a son in high school and sons in college -- and a daughter also.  But if we live very simply, I can make that pension stretch so that I can really have my dream.” 

    Miller started the business anyway, but she says it is growing slowly because of the economy.

    Miller has a friend, a former colleague at Delphi with whom she worked closely for several years in the same role, though he was paid hourly while she was drawing a salary. She can’t understand why he was treated differently.

    “What made the work that that person did more valuable than the work I did? What was greater about the promise he received when he went to work for GM and Delphi than what I was told?”

    Gump, who worked for General Motors and Delphi for almost 33 years and was a senior engineer when he retired, lost about 30 percent of his pension.

    “Inside our organization we have lots of people that have seen their homes foreclosed,” he said. “They’ve had to declare personal bankruptcy. There’s been some families that have broken up over the stress associated with this. There’s even been a couple suicides.”

    The DSRA retirees are a politically diverse group – Republicans, Democrats and Independents – but regardless of political stripe, many of them believe the Obama administration betrayed them. Howard Collins, a Democrat, said he voted for Barack Obama in 2008 but isn’t sure he would do so again. 

    “I don't know if I will decide until I actually go in the voting booth,” he said. 

    Did the government pick winners and losers?
    As senior advisor on auto issues at the Treasury Department, Ron Bloom led the administration’s Auto Task Force. He insists the government was not involved in GM’s individual decisions but simply approved the overall plan as being viable and based on commercial rather than political considerations.

    “What I think is a fair surmise is that General Motors made a judgment that there was a commercial necessity for treating the UAW the way they did,” says Bloom.  There was concern that the unions might interfere with the flow of parts from Delphi to the auto company, which could harm new GM. Topping up the union pensions ensured the work would continue.

    “The UAW had commercial leverage in this case, which they utilized.”

    Bloom now says he feels for the Delphi workers. “There's no making it nice. There's no saying it's OK. The only thing one can say is that it was done in a responsible and fair way relative to the rules of the road in a bankruptcy.”

    His position was echoed by Treasury Spokesman Anthony Coley, who told NBC News, "As has been exhaustively documented, Treasury's consistent approach to the auto restructuring was to defer to GM's business judgment and not approve or disapprove individual business decisions. While the GM restructuring involved painful concessions from all stakeholders, President Obama's decision to stand behind GM and the American auto industry saved more than a million jobs."

    But Bruce Gump, the Delphi salaried workers representative, calls that justification a “smoke screen.”

    “I believe that what really happened was that this administration simply wanted to take care of their political base,” he said.

    The administration has turned over thousands of documents related to Treasury’s discussions between GM, Delphi and the PBGC, but not to the satisfaction of members of the House Oversight Committee, House Ways and Means Committee, or attorneys for the salaried Delphi employees  They accuse the Treasury Department of stonewalling and withholding key documents.

    Ron Bloom and key Task Force members Harry Wilson and Matthew Feldman refused to be interviewed by the special investigator general of TARP about the Delphi pension decisions for almost a year, until July, when they were called to testify before a house subcommittee.  Rep. Mike Turner, R-Ohio, called their refusal to answer questions “a happy train of silence.”

    The three have now complied and the special investigator general’s audit is nearing completion.

    Emails and testimony from lawsuits and ongoing investigations suggest the administration was deeply involved in GM’s decisions and considered a list of “politically sensitive” issues, but so far there is no proof the pension decisions were driven by political favoritism.

    For its part, General Motors maintains that by topping up the union pensions, the company was fulfilling an agreement made at the time of the Delphi spin-off. And GM holds that the fate of the salaried employees was in the hands of the new Delphi.

    “Delphi’s salaried pension plan was fully funded, and it was transferred to Delphi at the time the new company was created,” GM spokesperson Greg Martin said in a statement to NBC News.  “Responsibility for the future health of that plan – including funding levels and asset allocation – rested solely with Delphi.  The new GM is not in a position to fund salaried Delphi pensions twice.”

    In 2010, then UAW President Ron Gettelfinger expressed support for Delphi’s salaried pensioners.

    "This is a grave injustice," Gettelfinger wrote in a letter to the Delphi Salaried Retirees Association. "While the restructuring of America's auto industry requires shared sacrifice and responsibility, Delphi's salaried retirees/former employees are being forced to bear extra burdens that are not warranted."

    Seeking resolution
    The salaried workers have bipartisan support for their cause.

    Last week Rep. Dave Camp, R-Mich., chairman of the House Ways and Means Committee, sent a letter to Department of Treasury Secretary Timothy Geithner and the White House Counsel requesting compliance with a congressional request for documents.

    Sen. Sherrod Brown, a Democrat from Ohio, has introduced legislation that would restore the salaried pensions using proceeds from the sale of the government’s shares of GM stock.

    But legislation takes time. The group representing the salaried workers would prefer to receive their full pension directly from the Pension Benefit Guaranty Corporation, which they say would not cost taxpayers a dime, because it receives its income from the premiums paid by the companies whose plans it insures.

    Whether or not they believe the decision was made to appease an influential ally of the administration, the salaried retirees say that after a three-year struggle, it is just time to put things right.

    “Really, that's in the past to be honest with you,” said David Kane. “You can't do anything about history. It's locked in. Where do we go from here? I'm more focused on what we do now to change the future. That's the only thing we can change.”

    Kane’s wife, Dianne, lost her job around the same time his pension was reduced. Together, the couple has nine part-time jobs, but they are still barely making it.

    “Our finances were based upon this scale, if you will, of expected income. And even with all the number jobs that we're working, it doesn't replace what we lost. It was easier sliding down the hill than to climb back up it,” Kane said.

    Kane’s health has created additional challenges. Months before his pension was cut, he was diagnosed with prostate cancer. He also suffers from chronic fatigue syndrome.

    Kane is still looking for full-time work but has had no luck. He suspects his age and poor health are a factor. Nevertheless, he remains hopeful.

    “What I would like to see now is that portion of our pensions restored to the levels that they were before Delphi exited bankruptcy and did away with our pensions,” he said. “If I can get that portion back, I can make it. It's just too tough without it.”

    Lisa Myers is NBC's senior investigative correspondent and Talesha Reynolds is an NBC investigative producer.

    768 comments

    Obama's Hope and Change in action.

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