TDMR has learned today that OIG administrative actions against a number of dental providers that have been accused of “credible allegations of fraud” have been nonsuited by OIG.
UPDATE: Here is the document State v. Dentists
The affected providers include Antoine Dental Center, M&M Orthodontic, Harlingen Family Dentistry, Herrscher, National Orthodontix and RGV Smiles.
“Nonsuit” means “to terminate a legal action without an actual determination of the controversy on the merits” per several online sources.
All current litigation terminated
This means all current administrative litigation current or scheduled to go before the State Office of AdministrativeHearings or the HHSC Appeals division is terminated. All depositions and hearings are canceled.
Over to Travis County District Court
Instead, the Attorney General will bring their cases before the Travis County District Court where they will receive full due process and benefit of a jury trial.
It also means that the OAG will have to review each case and determine whether or not its standard of evidence comes up to the level of district court for each dentist.
“This is excellent for our clients and is the due process we have been seeking,” explained attorney Jason Ray. “We are very happy about this.”
System flawed to coerce funds from providers or bankrupt them without proving anything
TDMR President Gregory Ewing was more emphatic.
“This is fantastic news and what we have been wanting for two years – full due process for these allegations,. The process to-date has been flawed and really nothing more than a poor joke to coerce providers to pay hard earned Medicaid dollars back or go bankrupt without the OIG having to prove a single allegation.
“It is not surprising that both Jack Stick and Doug Wilson have lost their jobs, albeit for other apparent reasons.”
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